CERTIFICATION OF ENROLLMENT

SUBSTITUTE HOUSE BILL 1887



59th Legislature
2005 Regular Session

Passed by the House March 15, 2005
  Yeas 96   Nays 0


________________________________________    
Speaker of the House of Representatives


Passed by the Senate April 14, 2005
  Yeas 40   Nays 0



________________________________________    
President of the Senate
CERTIFICATE

I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1887 as passed by the House of Representatives and the Senate on the dates hereon set forth.



________________________________________    
Chief Clerk
Approved 









________________________________________    
Governor of the State of Washington
FILED







Secretary of State
State of Washington


_____________________________________________ 

SUBSTITUTE HOUSE BILL 1887
_____________________________________________

Passed Legislature - 2005 Regular Session
State of Washington59th Legislature2005 Regular Session

By House Committee on Finance (originally sponsored by Representatives Hasegawa, Orcutt and Chase)

READ FIRST TIME 03/07/05.   



     AN ACT Relating to exemptions to the litter tax; and amending RCW 82.19.050.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 82.19.050 and 2003 c 120 s 1 are each amended to read as follows:
     The litter tax imposed in this chapter does not apply to:
     (1) The manufacture or sale of products for use and consumption outside the state;
     (2) The value of products or gross proceeds of the sales exempt from tax under RCW 82.04.330;
     (3) The sale of products for resale by a qualified grocery distribution cooperative to customer-owners of the grocery distribution cooperative. For the purposes of this section, "qualified grocery distribution cooperative" and "customer-owner" have the meanings given in RCW 82.04.298; ((or))
     (4) The sale of food or beverages by retailers that are sold solely for immediate consumption indoors ((on)) at the seller's ((premises)) place of business or at a deck or patio at the seller's place of business, or indoors at an eating area that is contiguous to the seller's place of business; or
     (5)(a) The sale of prepared food or beverages by caterers where the food or beverages are to be served for immediate consumption in or on individual nonsingle use containers at premises occupied or controlled by the customer.
     (b) For the purposes of this subsection, the following definitions apply:
     (i) "Prepared food" has the same meaning as provided in RCW 82.08.0293.
     (ii) "Nonsingle use container" means a receptacle for holding a single individual's food or beverage that is designed to be used more than once. Nonsingle use containers do not include pizza delivery bags and similar insulated containers that do not directly contact the food. Nonsingle use containers do not include plastic or paper plates or other containers that are disposable.
     (iii) "Caterer" means a person contracted to prepare food where the final cooking or serving occurs at a location selected by the customer
.

--- END ---