AN
ACT Relating to updating or repealing dairy and food laws; amending RCW
15.36.012, 15.36.021, 15.36.051, 15.36.081, 15.36.111, 15.36.151, 15.36.161,
15.36.171, 15.36.181, 15.36.191, 15.36.231, 15.36.401, 15.36.421, 15.36.451,
15.36.471, 15.36.481, 15.36.491, 15.36.511, 15.36.551, 15.36.561, 16.49.435,
16.49.670, 16.67.030, 35A.69.010, and 69.04.930; reenacting and amending RCW
15.36.201; adding new sections to chapter 15.36 RCW; repealing RCW 15.36.031,
15.36.061, 15.36.121, 15.36.211, 15.36.251, 15.36.291, 15.36.301, 15.36.311,
15.36.411, 15.36.431, 15.36.441, 15.36.461, 15.36.501, 15.36.521, 15.38.001,
15.38.010, 15.38.020, 15.38.030, 15.38.040, 15.38.050, 15.40.010, 15.40.030,
15.40.040, 15.40.050, 15.40.900, 15.41.010, 15.41.020, 16.48.120, 16.48.280,
16.48.310, 16.48.311, 16.48.312, 16.48.320, 16.48.325, 16.49A.010, 16.49A.020,
16.49A.030, 16.49A.040, 16.49A.050, 16.49A.060, 16.49A.070, 16.49A.080,
16.49A.090, 16.49A.100, 16.49A.110, 16.49A.120, 16.49A.130, 16.49A.140,
16.49A.150, 16.49A.160, 16.49A.170, 16.49A.180, 16.49A.190, 16.49A.200,
16.49A.210, 16.49A.220, 16.49A.230, 16.49A.240, 16.49A.250, 16.49A.255,
16.49A.260, 16.49A.270, 16.49A.280, 16.49A.290, 16.49A.300, 16.49A.310,
16.49A.320, 16.49A.330, 16.49A.340, 16.49A.350, 16.49A.360, 16.49A.370,
16.49A.380, 16.49A.390, 16.49A.400, 16.49A.410, 16.49A.420, 16.49A.430,
16.49A.440, 16.49A.450, 16.49A.460, 16.49A.470, 16.49A.480, 16.49A.520,
16.49A.530, 16.49A.540, 16.49A.550, 16.49A.560, 16.49A.570, 16.49A.580,
16.49A.590, 16.49A.600, 16.49A.610, 16.49A.620, 16.49A.630, 16.49A.640,
16.49A.650, 16.49A.900, 16.49A.910, 16.49A.920, 16.74.010, 16.74.020,
16.74.030, 16.74.040, 16.74.050, 16.74.060, 16.74.070, 16.74.080, 16.74.090,
16.74.100, 16.74.110, 16.74.120, 16.74.130, 16.74.140, 16.74.150, 16.74.160,
16.74.170, 16.74.180, 16.74.190, 16.74.200, 16.74.210, 16.74.220, 16.74.230,
16.74.240, 16.74.250, 16.74.260, 16.74.270, 16.74.280, 16.74.290, 16.74.300,
16.74.310, 16.74.320, 16.74.330, 16.74.340, 16.74.350, 16.74.360, 16.74.370,
16.74.380, 16.74.390, 16.74.400, 16.74.410, 16.74.420, 16.74.430, 16.74.440,
16.74.450, 16.74.460, 16.74.470, 16.74.480, 16.74.490, 16.74.500, 16.74.510,
16.74.520, 16.74.530, 16.74.540, 16.74.550, 16.74.560, 16.74.570, 16.74.580,
16.74.590, 16.74.600, 16.74.610, 16.74.615, 16.74.620, 16.74.630, 16.74.640,
16.74.650, 16.74.900, 16.74.910, 16.74.920, 19.92.100, 19.92.110, 19.92.120,
and 19.92.240; prescribing penalties; and providing an expiration date.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
15.36.012 and 1995 c 374 s 1 are each amended to read as follows:
For
the purpose of this chapter:
"Adulterated
milk" means milk that is deemed adulterated under appendix L of the PMO.
(("Aseptic
processing" means the process by which milk or milk products have been
subjected to sufficient heat processing and packaged in a hermetically sealed
container so as to meet the standards of the PMO.))
"Colostrum
milk" means milk produced within ten days before or until practically
colostrum free after parturition.
"DMO"
means supplement I, the recommended sanitation ordinance for grade A condensed
and dry milk products and condensed and dry whey, to the PMO published by the
United States public health service, food and drug administration.
"Dairy
farm" means a place or premises where one or more cows, goats, or other
mammals are kept, a part or all of the milk or milk products from which is sold
or offered for sale to a milk processing plant, transfer station, or receiving
station.
"Dairy
technician" means any person who takes samples of milk or cream or fluid
derivatives thereof, on which sample tests are to be made as a basis of
payment, or who grades, weighs, or measures milk or cream or the fluid
derivatives thereof, the grade, weight, or measure to be used as a basis of
payment, or who operates equipment wherein milk or products thereof are
pasteurized.
"Degrade"
means the lowering in grade from grade A to grade C.
"Department"
means the state department of agriculture.
"Director"
means the director of agriculture of the state of Washington or the director's
duly authorized representative.
(("Distributor"
means a person other than a producer who offers for sale or sells to another,
milk or milk products.))
"Grade
A milk processing plant" means any milk processing plant that meets all of
the standards of the PMO to process grade A pasteurized milk or milk products.
"Grade
A pasteurized milk" means grade A raw milk that has been pasteurized.
"Grade
A raw milk" means raw milk produced upon dairy farms conforming with all
of the items of sanitation contained in the PMO, in which the bacterial plate
count does not exceed twenty thousand per milliliter and the coliform count
does not exceed ten per milliliter as determined in accordance with RCW
15.36.201.
"Grade
A raw milk for pasteurization" means raw milk produced upon dairy farms
conforming with all of the same items of sanitation contained in the PMO of
grade A raw milk, and the bacterial plate count, as delivered from the farm,
does not exceed eighty thousand per milliliter as determined in accordance with
RCW 15.36.201.
"Grade
C milk" is milk that violates any of the requirements for grade A milk but
that is not deemed to be adulterated.
(("Homogenized"
means milk or milk products which have been treated to ensure breakup of the
fat globules to an extent consistent with the requirements outlined in the PMO.))
"Milk"
means the lacteal secretion, practically free of colostrum, obtained by the
complete milking of one or more healthy cows, goats, or other mammals.
"Milk
hauler" means a person who transports milk or milk products in bulk to or
from a milk processing plant, receiving station, or transfer station.
"Milk
processing" means the handling, preparing, packaging, or processing of
milk in any manner in preparation for sale as food, as defined in chapter 69.04
RCW. Milk processing does not include milking or producing milk on a dairy
farm that is shipped to a milk processing plant for further processing.
"Milk
processing plant" means a place, premises, or establishment where milk or
milk products are collected, handled, processed, stored, bottled, pasteurized,
aseptically processed, bottled, or prepared for distribution, except an
establishment that merely receives the processed milk products and serves them
or sells them at retail.
"Milk
products" means the product of a milk manufacturing process.
"Misbranded
milk" means milk or milk products that carries a grade label unless such
grade label has been awarded by the director and not revoked, or that fails to
conform in any other respect with the statements on the label.
(("Official
brucellosis adult vaccinated cattle" means those cattle, officially
vaccinated over the age of official calfhood vaccinated cattle, that the
director has determined have been commingled with, or kept in close proximity
to, cattle identified as brucellosis reactors, and have been vaccinated against
brucellosis in a manner and under the conditions prescribed by the director
after a hearing and under rules adopted under chapter 34.05 RCW, the
administrative procedure act.))
"Official
laboratory" means a biological, chemical, or physical laboratory that is
under the direct supervision of the state or a local regulatory agency.
"Officially
designated laboratory" means a commercial laboratory authorized to do
official work by the department, or a milk industry laboratory officially designated
by the department for the examination of grade A raw milk for pasteurization
and commingled milk tank truck samples of raw milk for antibiotic residues and
bacterial limits.
"PMO"
means the grade "A" pasteurized milk ordinance published by the United
States public health service, food and drug administration.
"Pasteurized"
means the process of heating every particle of milk or milk product in properly
designed and operated equipment to the temperature and time standards specified
in the PMO.
"Person"
means an individual, partnership, firm, corporation, company, trustee, or
association.
"Producer"
means a person or organization who operates a dairy farm and provides, sells,
or offers milk for sale to a milk processing plant, receiving station, or transfer
station.
"Receiving
station" means a place, premises, or establishment where raw milk is
received, collected, handled, stored, or cooled and prepared for further
transporting.
"Sale"
means selling, offering for sale, holding for sale, preparing for sale,
trading, bartering, offering a gift as an inducement for sale of, and
advertising for sale in any media.
"Transfer
station" means any place, premises, or establishment where milk or milk
products are transferred directly from one milk tank truck to another.
(("Ultrapasteurized"
means the process by which milk or milk products have been thermally processed
in accordance with the time and temperature standards of the PMO, so as to
produce a product which has an extended shelf life under refrigerated
conditions.
"Ungraded
processing plant" means a milk processing plant that meets all of the
standards of the PMO to produce milk products other than grade A milk or milk
products.))
"Wash
station" means a place, facility, or establishment where milk tanker
trucks are cleaned in accordance with the standards of the PMO.
((All
dairy products mentioned in this chapter mean those fit or used for human
consumption.))
Sec.
2. RCW
15.36.021 and 1996 c 188 s 3 are each amended to read as follows:
The
director of agriculture is authorized to:
(1)
Adopt rules necessary to carry out the purposes of chapter((s)) 15.36 ((and
15.38)) RCW, which includes rules governing the farm storage tank and bulk
milk tanker requirements, however the rules may not restrict the display or
promotion of products covered under this section.
(2)
By rule, establish, amend, or both, definitions and standards for milk and milk
products. Such definitions and standards established by the director shall
conform, insofar as practicable, with the definitions and standards for milk
and milk products adopted by the federal food and drug administration. ((The
director of agriculture, by rule, may likewise establish, amend, or both,
definitions and standards for products whether fluid, powdered or frozen,
compounded or manufactured to resemble or in semblance or imitation of genuine
dairy products as defined under the provisions of this chapter. Such products
made to resemble or in semblance or imitation of genuine dairy products shall
conform with all the provisions of chapter 15.38 RCW and be made wholly of
nondairy products.
All
such products compounded or manufactured to resemble or in semblance or
imitation of a genuine dairy product shall set forth on the container or labels
the specific generic name of each ingredient used.
In
the event any product compounded or manufactured to resemble or in semblance or
imitation of a genuine dairy product contains vegetable fat or oil, the generic
name of such fat or oil shall be set forth on the label. If a blend or variety
of oils is used, the ingredient statement shall contain the term
"vegetable oil" in the appropriate place in the ingredient statement,
with the qualifying phrase following the ingredient statement, such as
"vegetable oils are soybean, cottonseed and coconut oils" or
"vegetable oil, may be cottonseed, coconut or soybean oil."
The
labels or containers of such products compounded or manufactured to resemble or
in semblance or imitation of genuine dairy products shall not use dairy terms
or words or designs commonly associated with dairying or genuine dairy
products, except as to the extent that such words or terms are necessary to
meet legal requirements for labeling. The term "nondairy" may be
used as an informative statement.))
(3)
By rule, adopt the PMO, DMO, and supplemental documents by reference to
establish requirements for grade A pasteurized and grade A raw milk.
(4)
Adopt rules establishing standards for grade A pasteurized and grade A raw milk
that are more stringent than the PMO based upon current industry or public
health information for the enforcement of this chapter whenever he or she
determines that any such rules are necessary to carry out the purposes of this
section and RCW 15.36.481. ((The adoption of rules under this chapter, or
the holding of a hearing in regard to a license issued or that may be issued
under this chapter are subject to the applicable provisions of chapter 34.05
RCW, the administrative procedure act.))
(5)
By rule, certify an officially designated laboratory to analyze milk for
standard of quality, adulteration, contamination, and unwholesomeness.
(6)
Adopt rules setting standards and requirements for the production of grade C
milk and milk products.
NEW
SECTION. Sec. 3. A
new section is added to chapter 15.36 RCW to read as follows:
Chapter
34.05 RCW governs the rights, remedies, and procedures respecting the
administration of this chapter, including rule making, assessment of civil
penalties, emergency actions, and license suspension, revocation, or denial.
Sec.
4. RCW
15.36.051 and 1994 c 143 s 203 are each amended to read as follows:
A
milk processing plant must obtain an annual milk processing plant license from
the department, which shall expire on ((a date set by rule by the director))
June 30 of each year. A milk processing plant may choose to process (1)
grade A milk and milk products, or (2) other milk products that are not
classified grade A.
Only
one license may be required to process milk; however, milk processing plants
must obtain the necessary endorsements from the department in order to process
products as defined for each type of milk or milk product processing. ((License
fees shall be prorated if necessary to accommodate staggering of expiration
dates.)) Application for a license shall be on a form prescribed by the
director and accompanied by a twenty-five dollar annual license fee. The
applicant shall include on the application the full name of the applicant for
the license and the location of the milk processing plant he or she intends to
operate and any other necessary information. Upon the approval of the
application by the director and compliance with the provisions of this chapter,
including the applicable rules adopted under this chapter by the department,
the applicant shall be issued a license or a renewal of a license.
Licenses
shall be issued to cover only those products, processes, and operations
specified in the license application and approved for licensing. If a license
holder wishes to engage in processing a type of milk product that is different
than the type specified on the application supporting the licensee's existing
license and processing that type of food product would require a major addition
to or modification of the licensee's processing facilities, the licensee shall
submit an amendment to the current license application. In such a case, the
licensee may engage in processing the new type of milk product only after the
amendment has been approved by the department.
A
licensee under this section shall not be required to obtain ((a milk
distributor's license under this chapter or)) a food processing plant
license under chapter 69.07 RCW.
Sec.
5. RCW
15.36.081 and 1994 c 143 s 206 are each amended to read as follows:
A
dairy technician must obtain a dairy technician's license to conduct operations
under this chapter. Such license shall be limited to those functions which the
licensee has been found qualified ((by examination)) to perform. Before
issuing the license the director shall ((examine)) assess the ((applicant
as to his or her)) applicant's qualifications and may test the
applicant for the functions for which application has been made.
Application
for a license as a dairy technician shall be made upon forms provided by the
director, and shall be filed with the department. The director may issue a
temporary license to the applicant for such period as may be prescribed and
stated in the license, not to exceed sixty days, but the license may not be
renewed to extend the period beyond sixty days.
The
initial application for a dairy technician's license must be accompanied by a
license fee of ten dollars. ((If it is not necessary that an examination be
given,)) The fee for renewal of the license is five dollars. ((For
circumstance[s] that require an examination the renewal fee is ten dollars.))
All dairy technicians' licenses shall expire ((biennially on a date set by
rule by the director. License fees shall be prorated where necessary to
accommodate staggering of expiration dates of a license or licenses)) on
December 31 of odd-numbered years.
Sec.
6. RCW
15.36.111 and 1996 c 189 s 1 are each amended to read as follows:
(1)
The director shall inspect all dairy farms and all milk processing plants prior
to issuance of a license under this chapter and at a frequency determined by
the director by rule: PROVIDED, That the director may accept the results of
periodic industry inspections of producer dairies if such inspections have been
officially checked periodically and found satisfactory. In case the director
discovers the violation of any item of grade requirement, he or she shall make
a second inspection after a lapse of such time as he or she deems necessary for
the defect to be remedied, but not before the lapse of three days, and the
second inspection shall be used in determining compliance with the grade
requirements of this chapter. Whenever there is any violation of the
same requirement of this chapter on ((such reinspection shall call for
degrading or summary suspension of the license in accordance with the
requirements of chapter 34.05 RCW)) the second inspection, the director
may initiate proceedings to degrade, suspend the license, or assess a civil
penalty.
(2)
One copy of the inspection report detailing the grade requirement violations shall
be posted by the director in a conspicuous place upon an inside wall of ((one
of)) the ((dairy farm or)) milk tank room or a mutually agreed
upon location on a dairy farm or given to an operator of the milk
processing plant ((buildings)), and said inspection report shall not be
defaced or removed by any person except the director. Another copy of the
inspection report shall be filed with the records of the director.
(3) Every milk producer and ((distributor)) milk
processing plant shall permit the director access to all parts of the
establishment during the working hours of the producer or ((distributor))
milk processing plant, which shall at a minimum include the hours from 8
a.m. to 5 p.m., and every ((distributor)) milk processing plant
shall furnish the director, upon his or her request, for official use only,
samples of any milk product for laboratory analysis, a true statement of the
actual quantities of milk and milk products of each grade purchased and sold,
together with a list of all sources, records of inspections and tests, and
recording thermometer charts.
Sec.
7. RCW
15.36.151 and 1994 c 143 s 303 are each amended to read as follows:
It
is unlawful to sell, offer for sale, or deliver:
(1)
Milk or products produced from milk from cows, goats, or other mammals affected
with disease or of which the owner thereof has refused official examination and
tests for disease; or
(2)
Colostrum milk for consumption by humans, except that colostrum milk
from cows that have been tested for brucellosis within sixty days of
parturition may be made available to persons having multiple sclerosis, or
other persons acting on their behalf, who, at the time of the initial sale,
present a form, signed by a licensed physician, certifying that the intended
user has multiple sclerosis and that the user releases the provider of the milk
from liability resulting from the consumption of the milk. Colostrum milk
provided under this section is exempt from meeting the standards for grade A
raw milk required by this chapter.
(((3)
The department of agriculture shall adopt rules to carry out this section. The
rules shall include but not be limited to establishing standards requiring
hyper-immunization.))
Sec.
8. RCW
15.36.161 and 1982 c 131 s 2 are each amended to read as follows:
((Except
as provided hereinafter, tuberculin test of all herds and additions thereto
shall be made before any milk therefrom is sold, and at least once every twelve
months thereafter, by an accredited and licensed veterinarian approved by the
state department of agriculture or veterinarian employed by the bureau of
animal industry, United States department of agriculture. Said tests shall be
made and the reactors disposed of in accordance with the requirements approved
by the director for accredited herds. A certificate signed by the veterinarian
or attested to by the director and filed with the director shall be evidence of
the above test: PROVIDED, That in modified accredited counties in which the
modified accredited area plan is applied to the dairy herds, the modified
accredited area system approved by the director shall be accepted in lieu of
annual testing.
No
fluid milk or cream designated or represented to be "grade A" fluid
milk or cream shall be sold, offered or exposed for sale which has been
produced from a herd of cows, one or more of which are infected with
brucellosis at the time such milk is produced, or from animals in such herd
which have not been blood tested for brucellosis at least once during the
preceding calendar year, or milk ring tested for brucellosis at least
semiannually during the preceding year. The results of a test for brucellosis
by the state or federal laboratory of a blood sample drawn by an official
veterinarian, shall be prima facie evidence of the infection or noninfection of
the animal or herds: PROVIDED, That in lieu thereof, two official negative
milk ring tests for brucellosis not less than six months apart may be accepted
as such evidence. All herds of cows, the fluid milk or cream from which is
designated or represented to be "grade A" fluid milk or cream shall
be blood tested for brucellosis annually or milk ring tested for brucellosis
semiannually. Such herds showing any reaction to the milk ring test shall be
blood tested and all reactors to the blood test removed from the herd and
disposed of within fifteen days from the date they are tagged and branded. The
remaining animals in the infected herd shall be retested at not less than
thirty-day nor more than sixty-day intervals from the date of the first test:
PROVIDED, That herds that have been officially brucellosis adult vaccinated
shall be retested not less than sixty days nor more than one hundred fifty days
after being so vaccinated and such herds shall be retested and released from
quarantine at intervals and under conditions prescribed by the director. A
series of retests, with removal and disposition of reacting animals, shall be
continued until the herd shall have passed two successive tests in which no
reactors are found. If upon a final test, not less than six months nor more
than seven months from the date of the last negative test, no reactors are
found in the herd, it shall be deemed a disease free herd. Results of official
blood or milk ring tests shall be conspicuously displayed in the milk house.
All
milk and milk products consumed raw shall be from herds or additions thereto
which have been found free from brucellosis, as shown by blood serum tests or
other approved tests for agglutinins against brucella organisms made in a
laboratory approved by the director. All such herds shall be retested at least
every twelve months and all reactors removed from the herd. If a herd is found
to have one or more animals positive to the brucellosis test, all milk from
that herd is to be pasteurized until the three consecutive brucellosis tests
obtained at thirty-day intervals between each test are found to be negative. A
certificate identifying each animal by number and signed by the laboratory
making the test shall be evidence of the above test.))
(1)
All milking cows, goats, and other mammals must meet the animal health
requirements established by the state veterinarian under the authority of
chapter 16.36 RCW.
(2)
Milk or milk products from cows, goats, and other mammals intended for
consumption in the raw state must be from a herd which is tested negative
within the previous twelve months for brucellosis, tuberculosis, and any other
disease the director may designate by rule. Additions to the herd must be
tested negative for the diseases within the previous thirty days before
introduction into the herd. The state veterinarian shall direct all testing
procedures in accordance with state and national standards for animal disease
eradication.
(3)
Cows ((which show an extensive or entire induration of one or more quarters
of the udder upon physical examination)), goats, and other mammals
showing chronic mastitis, whether ((secreting)) producing
abnormal milk or not, shall be permanently excluded from the milking herd.
Cows ((giving)), goats, and other mammals producing bloody, ((or))
stringy, or otherwise abnormal milk, but with only slight ((induration))
inflammation of the udder shall be excluded from the herd until
reexamination shows that the milk has become normal.
((For
other diseases such tests and examinations as the director may require after
consultation with state livestock sanitary officials shall be made at intervals
and by methods prescribed by him.))
Sec.
9. RCW
15.36.171 and 1995 c 374 s 3 are each amended to read as follows:
((No
milk or milk products shall be sold to the final consumer or to restaurants,
soda fountains, grocery stores, or similar establishments except grade A
pasteurized milk, or grade A raw milk.)) The director may revoke the
license of any ((milk distributor,)) milk processing plant((,))
or producer whose product fails to qualify as grade A pasteurized or grade A
raw, or in lieu thereof may degrade ((his or her)) the product to
grade C and permit its sale as other than fluid milk or grade A milk products
during a period not exceeding thirty days. In the event of an emergency, the
director may permit the sale of grade C milk for more than thirty days.
Sec.
10. RCW
15.36.181 and 1994 c 143 s 302 are each amended to read as follows:
No
person shall produce, sell, offer, or expose for sale, or have in possession
with intent to sell, any milk or milk product which is adulterated((,)) or
misbranded((, or ungraded)). It ((shall be)) is unlawful
for any person, elsewhere than in a private home, to have in possession any
adulterated((,)) or misbranded((, or ungraded)) milk or
milk products((: PROVIDED, That in an emergency the sale of ungraded milk
or milk products may be authorized by the director, in which case they shall be
labeled "ungraded.")).
Adulterated((,))
or misbranded((, and/or ungraded)) milk or milk products may be
impounded and disposed of by the director.
Sec.
11. RCW
15.36.191 and 1994 c 143 s 304 are each amended to read as follows:
((The department,)) After obtaining a sample of milk or
milk product for analysis, the department shall, within ten
days ((after)) of obtaining the result of the analysis, send ((the))
any violative results to the person from whom the sample was
taken or to the person responsible for the condition of the milk.
Sec.
12. RCW
15.36.201 and 1994 c 143 s 401 and 1994 c 46 s 11 are each reenacted and
amended to read as follows:
(1)
During any consecutive six months at least four samples of raw milk, raw milk
for pasteurization, or both, from each dairy farm and raw milk for
pasteurization, after receipt by the milk processing plant and prior to
pasteurization, heat-treated milk products, and pasteurized milk and milk
products from each grade A milk processing plant, for purposes of compliance
with the PMO, shall be collected in at least four separate months and
examined in ((a)) an official laboratory ((approved by the
director)): PROVIDED, That in the case of raw milk for pasteurization the
director may accept the results of an officially designated laboratory. ((Samples
of other milk products may be taken and examined in a laboratory approved by
the director as often as he or she deems necessary. Samples of milk and milk
products from stores, cafes, soda fountains, restaurants, and other places
where milk or milk products are sold shall be examined as often as the director
may require. Bacterial plate counts, direct microscopic counts, coliform
determinations, phosphatase tests and other laboratory tests shall conform to
the requirements of the PMO. Examinations may include such other chemical and
physical determinations as the director may deem necessary for the detection of
adulteration or for purposes of compliance. Samples may be taken by the
director at any time prior to the final delivery of the milk or milk products.
All proprietors of cafes, stores, restaurants, soda fountains, and other
similar places shall furnish the director, upon his or her request, with the
name of all distributors from whom their milk and milk products are obtained.))
(2)
If two of the last four consecutive bacterial counts, somatic cell counts,
coliform determinations, or cooling temperatures, taken on separate days,
exceed the standard for milk or milk products established in this chapter and
rules adopted under this chapter, the director shall send written notice
thereof to the person concerned. This notice shall remain in effect so long as
two of the last four consecutive samples exceed the limit of the same
standard. An additional sample shall be taken ((within twenty-one days of
the)) after sending of the notice, but not before the lapse of three
days. The director ((shall)) may initiate proceedings to degrade
or ((summarily)) suspend the milk producer's license or milk processing
plant license or assess a civil penalty whenever the standard is again violated
so that three of the last five consecutive samples exceed the limit of the same
standard. ((A milk producer's license or milk processing plant license
shall subsequently be reinstated in notice status upon receipt of sample
results that are within the standard for which the suspension occurred.
In
case of violation of the phosphatase test requirements, the cause of
underpasteurization shall be determined and removed before milk or milk
products from this milk processing plant can again be sold as pasteurized milk
or milk products.))
NEW
SECTION. Sec. 13. A
new section is added to chapter 15.36 RCW to read as follows:
Any
person selling milk or milk products shall furnish the director, upon request,
with the name of all milk processing plants or distributors from whom their
milk and milk products are obtained.
Sec.
14. RCW
15.36.231 and 1961 c 11 s 15.36.265 are each amended to read as follows:
(1)
Milk and milk products for consumption in the raw state shall be bottled or
packaged on the farm where produced. Bottling and capping shall be done in
a sanitary manner by means of approved equipment and these operations shall be
integral in one machine. Caps or cap stock shall be purchased in sanitary
containers and kept therein in a clean dry place until used.
(2)
All containers enclosing raw milk or any raw milk product shall be plainly labeled
or marked with the word "raw" and the name of the producer or
packager. The label or mark shall be in letters of a size, kind, and color
approved by the director and shall contain no marks or words which are
misleading.
Sec.
15. RCW
15.36.401 and 1994 c 143 s 501 are each amended to read as follows:
(1)
A license issued under this chapter may be denied ((or)),
suspended, or revoked by the director ((upon violation by the holder
of any of the terms of this chapter, for interference with the director in the
performance of his or her duties, or if the holder has exhibited in the
discharge of his or her functions negligence, misconduct, or lack of
qualification.)) when a person:
(a)
Fails to comply with the provisions of this chapter or the rules adopted under
this chapter;
(b)
Refuses the department access to a portion or area of a facility regulated
under this chapter, for the purpose of carrying out the provisions of this
chapter;
(c)
Fails to comply with an order of the director;
(d)
Refuses to make available to the department records required to be kept under
the provisions of this chapter;
(e)
Fails to comply with the applicable provisions of chapter 69.04 RCW, Washington
intrastate commerce in food, drugs, and cosmetics act, or rules adopted under
that chapter;
(f)
Interferes with the director in the performance of his or her duties; or
(g)
Exhibits negligence, misconduct, or lack of qualification in the discharge of
his or her functions.
Upon
notice by the director to deny, revoke, or suspend a license, a person may
request a hearing under chapter 34.05 RCW.
(2)
Whenever a milk transport vehicle is found in violation of this chapter or
rules adopted under this chapter, the endorsement for that milk transport vehicle
contained on a milk hauler's license may be suspended or revoked. The
suspension or revocation does not apply to any other milk transport vehicle
operated by the milk hauler.
(3)
A license may be revoked ((after an opportunity for a hearing)) by the director
upon serious or repeated violations or after ((the)) a license ((has
been suspended)) suspension or degrade for thirty continuous days
without correction of the items causing the suspension or degrade.
Sec.
16. RCW
15.36.421 and 1994 c 143 s 503 are each amended to read as follows:
(1)
If the director finds a milk processing plant or producer operating
under conditions that constitute an immediate danger to public health, safety,
or welfare or if the licensee or an employee of the licensee actively prevents
the director or the director's representative, during an on-site inspection,
from determining whether such a ((conditions [condition])) condition
exists, the director may summarily suspend((, pending a hearing,)) a
license provided for in this chapter.
(2)
If a license is summarily suspended, the holder of the license shall be
notified in writing that the license is, upon service of the notice,
immediately suspended and that prompt opportunity for a hearing will be
provided.
(3)
If a license is summarily suspended, processing and shipping operations
shall immediately cease. However, the director may reinstate the license if
the condition that caused the suspension has been abated to the director's
satisfaction.
Sec.
17. RCW
15.36.451 and 1996 c 189 s 2 are each amended to read as follows:
Any
producer or ((distributor of milk or milk products the grade of which has
been lowered)) milk processing plant whose milk has been degraded by
the director, or whose ((permit)) license has been suspended may
at any time make application for the regrading of his or her products or the
reinstatement of his or her ((permit)) license.
Upon
receipt of a satisfactory application, in case the lowered grade or the ((permit))
license suspension was the result of violation of the bacteriological or
cooling temperature standards, the director shall take further samples of the
applicant's output, at a rate of not more than two samples per week. The
director shall regrade the milk or milk products upward or reinstate the ((permit))
license on compliance with grade requirements as determined in
accordance with the provisions of RCW 15.36.201.
In
case the lowered grade of the applicant's product or the ((permit)) license
suspension was due to a violation of an item other than bacteriological
standard or cooling temperature, the said application must be accompanied by a
statement signed by the applicant to the effect that the violated item of the
specifications had been conformed with. Within one week of the receipt of such
an application and statement the director shall make a reinspection of the
applicant's establishment and thereafter as many additional reinspections as he
or she may deem necessary to assure himself or herself that the applicant is
again complying with the higher grade requirements((, and in case the
findings justify, shall regrade the milk or milk products upward or reinstate
the permit)). The higher grade or license shall be reinstated upon
confirmation that all violated items are corrected and any period for reduction
in grade or license suspensions as ordered by the director has been completed.
NEW
SECTION. Sec. 18. A
new section is added to chapter 15.36 RCW to read as follows:
(1)
Except as provided in RCW 15.36.471 or subsection (2) or (3) of this section,
any person who fails to comply with this chapter or the rules adopted under
this chapter may be subject to a civil penalty in an amount of not more than
one thousand dollars per violation per day.
(2)
The director shall adopt rules establishing civil penalties assessed under RCW
15.36.111(1) and 15.36.201(2). The penalties shall be equitably based on the
volume of milk or milk product handled by the producer or milk processor
subject to the penalty.
(3)
Whenever the results of an antibiotic, pesticide, or other drug residue test on
a producer's milk are above the actionable level established in the PMO, the
producer is subject to a civil penalty in an amount equal to one-half the value
of the sum of the volumes of milk produced on the day prior to and the day of
the adulteration. The value of the milk shall be computed using the weighted
average price for the federal market order under which the milk is delivered.
(4)
Each violation is a separate and distinct offense. The director shall impose
the civil penalty in accordance with chapter 34.05 RCW. Moneys collected under
this section and RCW 15.36.471 shall be remitted to the department and
deposited into the revolving fund of the Washington state dairy products
commission.
NEW
SECTION. Sec. 19. A
new section is added to chapter 15.36 RCW to read as follows:
The
authority to assess a civil penalty under RCW 15.36.111(1) and 15.36.201(2)
shall be used only as consistent with the 1995 grade A pasteurized milk
ordinance published by the United States public health service, food and drug
administration and adopted by department in WAC 16-101-700, or any subsequent
version as adopted by the department under the authority of RCW 15.36.021(3).
Sec.
20. RCW
15.36.471 and 1994 c 143 s 511 are each amended to read as follows:
(1)
The director ((of agriculture)) shall adopt rules imposing a civil
penalty of not more than ten thousand dollars for violations of the
standards for component parts of fluid dairy products which are established
under this chapter or adopted pursuant to RCW 69.04.398. ((The penalty
shall not exceed ten thousand dollars and shall be such as is necessary to
achieve proper enforcement of the standards. The rules shall be adopted before
January 1, 1987, and shall become effective on July 1, 1987.
(2)
The penalty is imposed by the department giving a written notice which is
either personally served upon or transmitted by certified mail, return receipt
requested, to the person incurring the penalty. The notice of the civil
penalty shall be a final order of the department unless, within fifteen days
after the notice is received, the person incurring the penalty appeals the
penalty by filing a notice of appeal with the department. If a notice of
appeal is filed in a timely manner, a hearing shall be conducted on behalf of the
department by the office of administrative hearings in accordance with chapters
34.05 and 34.12 RCW. At the conclusion of the hearing, the department shall
determine whether the penalty should be affirmed, reduced, or not imposed and
shall issue a final order setting forth the civil penalty assessed, if any.
The order may be appealed to superior court in accordance with chapter 34.05
RCW. Tests performed for the component parts of milk products by a state
laboratory of a milk sample collected by a department official shall be
admitted as prima facie evidence of the amounts of milk components in the
product.
(3)
Any penalty imposed under this section is due and payable upon the issuance of
the final order by the department.
(4)
All penalties received or recovered from violations of this section shall be
remitted by the violator to the department and deposited in the revolving fund
of the Washington state dairy products commission. One-half of the funds
received shall be used for purposes of education with the remainder one-half to
be used for dairy processing or marketing research, or both. No appropriation
is required for disbursements from this fund.
(5))) (2)
In case of a violation of the standards for the composition of milk products,
an investigation shall be made to determine the cause of the violation which
shall be corrected. Additional samples shall be taken as soon as possible and
tested by the department.
NEW
SECTION. Sec. 21. A
new section is added to chapter 15.36 RCW to read as follows:
Tests performed by an official laboratory or an officially
designated laboratory of a milk sample drawn by a department official or a
licensed dairy technician shall be admitted as prima facie evidence of a
violation in any proceeding to enforce this chapter.
Sec.
22. RCW
15.36.481 and 1969 ex.s. c 102 s 4 are each amended to read as follows:
The
director may bring an action to enjoin the violation of any provision of this
chapter((s 15.36 and 15.38 RCW)) or any rule adopted ((thereunder))
under this chapter in the superior court of the county in which the
defendant resides or maintains his or her principal place of business((,
notwithstanding any other remedy at law)) or Thurston county.
Sec.
23. RCW
15.36.491 and 1961 c 11 s 15.32.710 are each amended to read as follows:
All moneys received for licenses ((or from the sale of articles
confiscated)) under this chapter shall be ((paid on the first of each
month to the state treasurer to be placed)) deposited in the general
fund.
Sec.
24. RCW
15.36.511 and 1961 c 11 s 15.32.730 are each amended to read as follows:
It
((shall be)) is unlawful for any person to:
(1)
Interfere with or obstruct any person in the performance of ((his))
official duties under this chapter;
(2)
Employ a tester, sampler, weigher, grader, or pasteurizer who is not licensed
as a dairy technician;
(3)
Alter or tamper with a seal placed by the director; or
(4)
Alter or tamper with a sample of milk or milk products taken or sealed by the
director.
Except
as provided under RCW 15.35.131, it is unlawful for a milk processing plant to
accept milk from a person not licensed as a producer or milk processor.
NEW
SECTION. Sec. 25. A
new section is added to chapter 15.36 RCW to read as follows:
The
department may issue sanitary certificates to milk processing plants under this
chapter subject to such requirements as it may establish by rule. The fee for
issuance is fifty dollars per certificate. Fees collected under this section
shall be deposited in the agricultural local fund.
Sec.
26. RCW
15.36.551 and 1995 c 15 s 1 are each amended to read as follows:
There
is levied on all milk processed in this state an assessment not to exceed
fifty-four one-hundredths of one cent per hundredweight. The director shall
determine, by rule, an assessment, that with contribution from the general
fund, will support an inspection program to maintain compliance with the
provisions of the pasteurized milk ordinance of the national conference on
interstate milk shipment. All assessments shall be levied on the operator of
the first milk processing plant receiving the milk for processing. This
shall include milk processing plants that produce their own milk for
processing and milk processing plants that receive milk from other
sources. Milk processing plants whose monthly assessment for receipt of
milk totals less than twenty dollars in any given month are exempted from
paying this assessment for that month. All moneys collected under this
section shall be paid to the director by the twentieth day of the succeeding
month for the previous month's assessments. The director shall deposit the
funds into the dairy inspection account hereby created within the agricultural
local fund established in RCW 43.23.230. The funds shall be used only to provide
inspection services to the dairy industry. If the operator of a milk processing
plant fails to remit any assessments, that sum shall be a lien on any property
owned by him or her, and shall be reported by the director and collected in the
manner and with the same priority over other creditors as prescribed for the
collection of delinquent taxes under chapters 84.60 and 84.64 RCW.
This
section ((shall)) expires June 30, ((2000)) 2005.
Sec.
27. RCW
15.36.561 and 1994 c 143 s 507 are each amended to read as follows:
(1)
There is created a dairy inspection program advisory committee. The committee
shall consist of ((nine)) eleven members((. The committee
shall be)) appointed by the director. The director shall solicit
nominations for members of the committee from ((names submitted by))
Washington dairy producer organizations ((or from handlers of milk
products)) and milk processors. The committee shall consist of four
members who are producers ((of milk)) or their representatives, ((and))
four members who are ((handlers)) milk processors or their
representatives, ((and)) one member who ((must be)) is a
((producer-handler)) producer processor, one member who is a milk
hauler, and one member who is a milk equipment dealer.
(2)
The purpose of this advisory committee is to ((assist the director by
providing recommendations regarding the dairy inspection program, that are
consistent with the pasteurized milk ordinance. The advisory committee shall
(a) review and evaluate the program including the efficiency of the
administration of the program, the adequacy of the level of inspection staff,
the ratio of inspectors to number of dairy farm inspections per year, and the
ratio of inspectors to management employees; and (b) consider alternatives to
the state program, which may include privatization of various elements of the
inspection program.
(3)
The committee shall meet as necessary to complete its work. Meetings of the
committee are subject to the open public meetings act)) advise
the director in the administration of the dairy inspection program and
regarding policy issues related to this chapter.
(3)
The terms of the members of the committee shall be staggered and the members
shall serve a term of three years until their successor has been appointed and
qualified. In the event a committee member resigns, is disqualified, or
vacates a position on the committee for any reason the vacancy may be filled by
the director under the provisions of this section governing appointments. The
director may remove a member for cause.
(4)
The committee shall elect one of its members as chair. The committee shall
meet by the call of the director, chair, or a majority of the committee.
Members of the committee shall serve without compensation.
Sec.
28. RCW
16.49.435 and 1987 c 77 s 4 are each amended to read as follows:
For
the purposes of this chapter:
(1)
"Department" means the department of agriculture of the state of
Washington.
(2)
"Director" means the director of the department or the director's
designee.
(3)
"Custom farm slaughterer" means any person licensed under this
chapter who may under such license engage in the business of slaughtering meat
food animals only for the consumption of the owner thereof through the use of
an approved mobile unit under such conditions as may be prescribed by the
director.
(4)
"Custom slaughtering establishment" means the facility operated by
any person licensed under this chapter who may under such license engage in the
business of slaughtering meat food animals only for the consumption of the
owner thereof at a fixed location under such conditions as may be prescribed by
the director.
(5)
"Custom meat facility" means the facility operated by any person
licensed under this chapter who may under such license engage in the business
of preparing uninspected meat for the sole consumption of the owner of the
uninspected meat being prepared. Operators of custom meat facilities may also
prepare inspected meat for household users only under such conditions as may be
prescribed by the director and may sell such prepared inspected meat to
household users only. Operators of custom meat facilities may also sell
prepackaged inspected meat to any person, provided the prepackaged inspected
meat is not prepared in any manner by the operator and the operator does not
open or alter the original package that the inspected meat was placed in.
(6)
"Inspected meat" means the carcasses or parts thereof of meat food
animals which have been slaughtered and inspected at establishments subject to
inspection under ((chapter 16.49A RCW or)) a federal meat inspection
act.
(7)
"Uninspected meat" means the carcasses or parts thereof of meat food
animals which have been slaughtered by the owner thereof, or which have been
slaughtered by a custom farm slaughterer.
(8)
"Household user" means the ultimate consumer, the members of the
consumer's household, and his or her nonpaying guests and employees.
(9)
"Person" means any natural person, firm, partnership, exchange,
association, trustee, receiver, corporation, and any member, officer, or
employee thereof or assignee for the benefit of creditors.
(10)
"Meat food animal" means cattle, swine, sheep, or goats.
(11)
"Official establishment" means an establishment operated for the
purpose of slaughtering meat food animals for sale or use as human food in
compliance with the federal meat inspection act (21 U.S.C. Sec. 71 et seq.).
(12)
"Prepared" means canned, salted, rendered, boned, cut up or otherwise
manufactured, or processed.
Sec.
29. RCW
16.49.670 and 1987 c 77 s 11 are each amended to read as follows:
The provisions of this chapter relating to custom meat facilities
((and RCW 16.49A.370)) shall in no way supersede or restrict the
authority of any county or any city to adopt ordinances which are more
restrictive for the handling of meat than those provided for herein.
Sec.
30. RCW
16.67.030 and 1969 c 133 s 2 are each amended to read as follows:
For
the purpose of this chapter:
(1)
"Commission" means the Washington state beef commission.
(2)
"Director" means the director of agriculture of the state of
Washington or his duly appointed representative.
(3)
"Ex officio members" means those advisory members of the commission
who do not have a vote.
(4)
"Department" means the department of agriculture of the state of
Washington.
(5)
"Person" includes any individual, firm, corporation, trust, association,
partnership, society, or any other organization of individuals.
(6)
"Beef producer" means any person who raises, breeds, grows, or
purchases cattle or calves for beef production.
(7)
"Dairy (beef) producer" means any person who raises, breeds, grows,
or purchases cattle for dairy production and who is actively engaged in the
production of fluid milk.
(8)
"Feeder" means any person actively engaged in the business of feeding
cattle and usually operating a feed lot.
(9)
"Producer" means any person actively engaged in the cattle industry
including beef producers and dairy (beef) producers.
(10)
"Washington cattle" shall mean all cattle owned or controlled by
affected producers and located in the state of Washington.
(11)
"Meat packer" means any person ((licensed to operate)) operating
a slaughtering establishment ((under the provisions of chapter 16.49A RCW as
enacted or hereafter amended)) subject to inspection under a federal
meat inspection act.
(12)
"Livestock salesyard operator" means any person licensed to operate a
cattle auction market or salesyard under the provisions of chapter 16.65 RCW as
enacted or hereafter amended.
Sec.
31. RCW
35A.69.010 and 1994 c 143 s 512 are each amended to read as follows:
Every code city shall have the powers, perform the functions and
duties and enforce the regulations prescribed by general laws relating to food
and drugs for any class of city as provided by Title 69 RCW; ((relating to
inspection of foods, meat, dairies, and milk as provided by chapter 16.49A RCW;))
relating to water pollution control as provided by chapter 90.48 RCW; and
relating to food fish and shellfish as provided by Title 75 RCW.
Sec.
32. RCW
69.04.930 and 1988 c 254 s 8 are each amended to read as follows:
It
shall be unlawful for any person to sell at retail or display for sale at
retail any food fish or shellfish as defined in RCW 75.08.011, any meat ((capable
of use as human food as defined in RCW 16.49A.150 as now or hereafter amended)),
or any meat food product ((as defined in RCW 16.49A.130 as now or hereafter
amended)) which has been frozen at any time, without having the package or
container in which the same is sold bear a label clearly discernible to a
customer that such product has been frozen and whether or not the same has
since been thawed. No such food fish or shellfish, meat or meat food product
shall be sold unless in such a package or container bearing said label: PROVIDED,
That this section shall not include any of the aforementioned food or food
products that have been frozen prior to being smoked, cured, cooked or
subjected to the heat of commercial sterilization.
NEW
SECTION. Sec. 33. The
following acts or parts of acts are each repealed:
(1) RCW
15.36.031 and 1994 c 143 s 201, 1989 c 354 s 16, & 1961 c 11
s 15.36.080;
(2) RCW
15.36.061 and 1994 c 143 s 204, 1991 c 109 s 1, 1989 c 354 s 4,
1983 c 3 s 20, 1963 c 58 s 3, & 1961 c 11 s 15.32.100;
(3) RCW
15.36.121 and 1995 c 225 s 2, 1994 c 143 s 210, & 1961 c 11 s
15.36.490;
(4) RCW 15.36.211 and
1994 c 143 s 402 & 1961 c 11 s 15.36.090;
(5) RCW
15.36.251 and 1994 c 143 s 403, 1989 c 354 s 19, & 1961 c 11
s 15.36.300;
(6) RCW
15.36.291 and 1961 c 11 s 15.32.460;
(7) RCW
15.36.301 and 1994 c 143 s 404, 1989 c 354 s 23, & 1961 c 11
s 15.36.520;
(8) RCW
15.36.311 and 1961 c 11 s 15.36.530;
(9) RCW
15.36.411 and 1995 c 374 s 5 & 1994 c 143 s 502;
(10) RCW
15.36.431 and 1995 c 374 s 6, 1994 c 143 s 504, 1963 c 58 s 11,
& 1961 c 11 s 15.32.610;
(11) RCW
15.36.441 and 1995 c 374 s 7, 1994 c 143 s 505, & 1993 c 212
s 1;
(12) RCW
15.36.461 and 1961 c 11 s 15.32.550;
(13) RCW
15.36.501 and 1987 c 202 s 173, 1969 ex.s. c 199 s 12, & 1961
c 11 s 15.32.720;
(14) RCW
15.36.521 and 1989 1st ex.s. c 9 s 236;
(15) RCW
15.38.001 and 1961 c 11 s 15.38.001;
(16) RCW
15.38.010 and 1979 c 154 s 21 & 1961 c 11 s 15.38.010;
(17) RCW
15.38.020 and 1961 c 11 s 15.38.020;
(18) RCW 15.38.030 and
1961 c 11 s 15.38.030;
(19) RCW
15.38.040 and 1961 c 11 s 15.38.040;
(20) RCW
15.38.050 and 1961 c 11 s 15.38.050;
(21) RCW
15.40.010 and 1961 c 11 s 15.40.010;
(22) RCW
15.40.030 and 1961 c 11 s 15.40.030;
(23) RCW
15.40.040 and 1961 c 11 s 15.40.040;
(24) RCW
15.40.050 and 1961 c 11 s 15.40.050;
(25) RCW
15.40.900 and 1961 c 11 s 15.40.900;
(26) RCW
15.41.010 and 1961 c 11 s 15.41.010;
(27) RCW
15.41.020 and 1961 c 11 s 15.41.020;
(28) RCW
16.48.120 and 1945 c 161 s 6;
(29) RCW
16.48.280 and 1949 c 98 s 13;
(30) RCW
16.48.310 and 1937 c 75 s 16;
(31) RCW
16.48.311 and 1945 c 161 s 14;
(32) RCW
16.48.312 and 1949 c 98 s 17;
(33) RCW
16.48.320 and 1939 c 198 s 6 & 1937 c 75 s 15;
(34) RCW
16.48.325 and 1949 c 98 s 18;
(35) RCW
16.49A.010 and 1969 ex.s. c 145 s 1;
(36) RCW
16.49A.020 and 1969 ex.s. c 145 s 2;
(37) RCW
16.49A.030 and 1969 ex.s. c 145 s 3;
(38) RCW
16.49A.040 and 1969 ex.s. c 145 s 4;
(39) RCW
16.49A.050 and 1969 ex.s. c 145 s 5;
(40) RCW
16.49A.060 and 1969 ex.s. c 145 s 6;
(41) RCW
16.49A.070 and 1969 ex.s. c 145 s 7;
(42) RCW 16.49A.080 and
1969 ex.s. c 145 s 8;
(43) RCW
16.49A.090 and 1969 ex.s. c 145 s 9;
(44) RCW
16.49A.100 and 1969 ex.s. c 145 s 10;
(45) RCW
16.49A.110 and 1969 ex.s. c 145 s 11;
(46) RCW
16.49A.120 and 1969 ex.s. c 145 s 12;
(47) RCW
16.49A.130 and 1969 ex.s. c 145 s 13;
(48) RCW
16.49A.140 and 1969 ex.s. c 145 s 14;
(49) RCW
16.49A.150 and 1969 ex.s. c 145 s 15;
(50) RCW
16.49A.160 and 1969 ex.s. c 145 s 16;
(51) RCW
16.49A.170 and 1969 ex.s. c 145 s 17;
(52) RCW
16.49A.180 and 1969 ex.s. c 145 s 18;
(53) RCW
16.49A.190 and 1969 ex.s. c 145 s 19;
(54) RCW
16.49A.200 and 1969 ex.s. c 145 s 20;
(55) RCW
16.49A.210 and 1969 ex.s. c 145 s 21;
(56) RCW
16.49A.220 and 1969 ex.s. c 145 s 22;
(57) RCW
16.49A.230 and 1969 ex.s. c 145 s 23;
(58) RCW
16.49A.240 and 1969 ex.s. c 145 s 24;
(59) RCW
16.49A.250 and 1969 ex.s. c 145 s 25;
(60) RCW
16.49A.255 and 1969 ex.s. c 145 s 67;
(61) RCW
16.49A.260 and 1969 ex.s. c 145 s 26;
(62) RCW
16.49A.270 and 1969 ex.s. c 145 s 27;
(63) RCW
16.49A.280 and 1969 ex.s. c 145 s 28;
(64) RCW
16.49A.290 and 1969 ex.s. c 145 s 29;
(65) RCW
16.49A.300 and 1969 ex.s. c 145 s 30;
(66) RCW
16.49A.310 and 1969 ex.s. c 145 s 31;
(67) RCW
16.49A.320 and 1969 ex.s. c 145 s 32;
(68) RCW
16.49A.330 and 1969 ex.s. c 145 s 33;
(69) RCW
16.49A.340 and 1969 ex.s. c 145 s 34;
(70) RCW
16.49A.350 and 1969 ex.s. c 145 s 35;
(71) RCW
16.49A.360 and 1969 ex.s. c 145 s 36;
(72) RCW
16.49A.370 and 1971 ex.s. c 98 s 1 & 1969 ex.s. c 145 s 37;
(73) RCW
16.49A.380 and 1969 ex.s. c 145 s 38;
(74) RCW
16.49A.390 and 1969 ex.s. c 145 s 39;
(75) RCW
16.49A.400 and 1969 ex.s. c 145 s 40;
(76) RCW
16.49A.410 and 1969 ex.s. c 145 s 41;
(77) RCW
16.49A.420 and 1969 ex.s. c 145 s 42;
(78) RCW
16.49A.430 and 1969 ex.s. c 145 s 43;
(79) RCW
16.49A.440 and 1969 ex.s. c 145 s 44;
(80) RCW
16.49A.450 and 1969 ex.s. c 145 s 45;
(81) RCW
16.49A.460 and 1969 ex.s. c 145 s 46;
(82) RCW
16.49A.470 and 1969 ex.s. c 145 s 47;
(83) RCW
16.49A.480 and 1969 ex.s. c 145 s 48;
(84) RCW
16.49A.520 and 1969 ex.s. c 145 s 55;
(85) RCW
16.49A.530 and 1969 ex.s. c 145 s 52;
(86) RCW
16.49A.540 and 1969 ex.s. c 145 s 57;
(87) RCW
16.49A.550 and 1969 ex.s. c 145 s 59;
(88) RCW
16.49A.560 and 1971 ex.s. c 108 s 1 & 1969 ex.s. c 145 s 54;
(89) RCW
16.49A.570 and 1971 ex.s. c 108 s 2 & 1969 ex.s. c 145 s 60;
(90) RCW
16.49A.580 and 1969 ex.s. c 145 s 58;
(91) RCW
16.49A.590 and 1969 ex.s. c 145 s 61;
(92) RCW
16.49A.600 and 1993 c 166 s 1, 1971 ex.s. c 108 s 3, & 1969
ex.s. c 145 s 68;
(93) RCW
16.49A.610 and 1969 ex.s. c 145 s 69;
(94) RCW
16.49A.620 and 1969 ex.s. c 145 s 62;
(95) RCW
16.49A.630 and 1969 ex.s. c 145 s 63;
(96) RCW
16.49A.640 and 1969 ex.s. c 145 s 53;
(97) RCW
16.49A.650 and 1969 ex.s. c 145 s 56;
(98) RCW 16.49A.900 and
1969 ex.s. c 145 s 70;
(99) RCW
16.49A.910 and 1969 ex.s. c 145 s 66;
(100) RCW
16.49A.920 and 1969 ex.s. c 145 s 65;
(101) RCW
16.74.010 and 1969 ex.s. c 146 s 1;
(102) RCW
16.74.020 and 1969 ex.s. c 146 s 2;
(103) RCW
16.74.030 and 1969 ex.s. c 146 s 3;
(104) RCW
16.74.040 and 1969 ex.s. c 146 s 4;
(105) RCW
16.74.050 and 1969 ex.s. c 146 s 5;
(106) RCW
16.74.060 and 1969 ex.s. c 146 s 6;
(107) RCW
16.74.070 and 1969 ex.s. c 146 s 7;
(108) RCW
16.74.080 and 1969 ex.s. c 146 s 8;
(109) RCW
16.74.090 and 1969 ex.s. c 146 s 9;
(110) RCW
16.74.100 and 1969 ex.s. c 146 s 10;
(111) RCW
16.74.110 and 1969 ex.s. c 146 s 11;
(112) RCW
16.74.120 and 1969 ex.s. c 146 s 12;
(113) RCW
16.74.130 and 1969 ex.s. c 146 s 13;
(114) RCW
16.74.140 and 1969 ex.s. c 146 s 14;
(115) RCW
16.74.150 and 1969 ex.s. c 146 s 15;
(116) RCW
16.74.160 and 1969 ex.s. c 146 s 16;
(117) RCW
16.74.170 and 1969 ex.s. c 146 s 17;
(118) RCW
16.74.180 and 1969 ex.s. c 146 s 18;
(119) RCW
16.74.190 and 1969 ex.s. c 146 s 19;
(120) RCW
16.74.200 and 1969 ex.s. c 146 s 20;
(121) RCW
16.74.210 and 1969 ex.s. c 146 s 21;
(122) RCW 16.74.220 and
1969 ex.s. c 146 s 22;
(123) RCW
16.74.230 and 1969 ex.s. c 146 s 23;
(124) RCW
16.74.240 and 1969 ex.s. c 146 s 24;
(125) RCW
16.74.250 and 1969 ex.s. c 146 s 25;
(126) RCW
16.74.260 and 1969 ex.s. c 146 s 26;
(127) RCW
16.74.270 and 1969 ex.s. c 146 s 27;
(128) RCW
16.74.280 and 1969 ex.s. c 146 s 28;
(129) RCW
16.74.290 and 1969 ex.s. c 146 s 64;
(130) RCW
16.74.300 and 1969 ex.s. c 146 s 29;
(131) RCW
16.74.310 and 1969 ex.s. c 146 s 30;
(132) RCW
16.74.320 and 1969 ex.s. c 146 s 31;
(133) RCW
16.74.330 and 1969 ex.s. c 146 s 32;
(134) RCW
16.74.340 and 1969 ex.s. c 146 s 33;
(135) RCW
16.74.350 and 1969 ex.s. c 146 s 34;
(136) RCW
16.74.360 and 1969 ex.s. c 146 s 35;
(137) RCW
16.74.370 and 1989 c 175 s 56 & 1969 ex.s. c 146 s 36;
(138) RCW
16.74.380 and 1969 ex.s. c 146 s 37;
(139) RCW
16.74.390 and 1969 ex.s. c 146 s 38;
(140) RCW
16.74.400 and 1969 ex.s. c 146 s 39;
(141) RCW
16.74.410 and 1969 ex.s. c 146 s 41;
(142) RCW
16.74.420 and 1969 ex.s. c 146 s 42;
(143) RCW
16.74.430 and 1969 ex.s. c 146 s 40;
(144) RCW
16.74.440 and 1969 ex.s. c 146 s 43;
(145) RCW
16.74.450 and 1969 ex.s. c 146 s 44;
(146) RCW
16.74.460 and 1969 ex.s. c 146 s 45;
(147) RCW
16.74.470 and 1969 ex.s. c 146 s 46;
(148) RCW
16.74.480 and 1969 ex.s. c 146 s 47;
(149) RCW
16.74.490 and 1969 ex.s. c 146 s 48;
(150) RCW
16.74.500 and 1969 ex.s. c 146 s 49;
(151) RCW
16.74.510 and 1969 ex.s. c 146 s 50;
(152) RCW
16.74.520 and 1969 ex.s. c 146 s 51;
(153) RCW
16.74.530 and 1969 ex.s. c 146 s 52;
(154) RCW
16.74.540 and 1969 ex.s. c 146 s 53;
(155) RCW
16.74.550 and 1969 ex.s. c 146 s 54;
(156) RCW
16.74.560 and 1969 ex.s. c 146 s 55;
(157) RCW
16.74.570 and 1993 c 166 s 2 & 1969 ex.s. c 146 s 65;
(158) RCW
16.74.580 and 1969 ex.s. c 146 s 66;
(159) RCW
16.74.590 and 1969 ex.s. c 146 s 56;
(160) RCW
16.74.600 and 1969 ex.s. c 146 s 57;
(161) RCW
16.74.610 and 1971 ex.s. c 108 s 4 & 1969 ex.s. c 146 s 58;
(162) RCW
16.74.615 and 1971 ex.s. c 108 s 5;
(163) RCW
16.74.620 and 1969 ex.s. c 146 s 59;
(164) RCW
16.74.630 and 1969 ex.s. c 146 s 60;
(165) RCW 16.74.640 and
1969 ex.s. c 146 s 67;
(166) RCW
16.74.650 and 1994 c 128 s 3 & 1969 ex.s. c 146 s 61;
(167) RCW
16.74.900 and 1969 ex.s. c 146 s 68;
(168) RCW
16.74.910 and 1969 ex.s. c 146 s 63;
(169) RCW
16.74.920 and 1969 ex.s. c 146 s 62;
(170) RCW
19.92.100 and 1983 c 89 s 1, 1955 c 61 s 1, 1937 c 214 s 1, &
1927 c 194 s 10;
(171) RCW
19.92.110 and 1983 c 89 s 2 & 1955 c 61 s 3;
(172) RCW
19.92.120 and 1955 c 61 s 4; and
(173) RCW
19.92.240 and 1890 p 522 s 1.
