INITIATIVE 1107


To the People





Chapter 2, Laws of 2011









REVERSING CERTAIN 2010 AMENDMENTS TO STATE TAX LAWS


EFFECTIVE DATE: 12/02/10



















Approved by the


People of the State of Washington


in the General Election on


November 2, 2010


ORIGINALLY FILED




May 19, 2010



Secretary of State






 1AN ACT Relating to repealing tax increases on certain processed

 2foods, bottled water, candy, and carbonated beverages enacted by the

 32010 legislature; amending RCW 82.04.4266, 82.04.260, 82.04.298,

 482.04.440, 82.08.0293, 82.08.0293, 82.12.0293, and 82.12.0293; creating

 5new sections; repealing RCW 82.04.---, 82.08.---, 82.12.---, 82.08.---,

 682.12.---, 82.04.---, and 82.--.--- through 82.--.---; and providing a

 7contingent effective date.

 

 8BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:

 

 9PART I

10Intent

 

11NEW SECTION. Sec. 101. The people of the state of Washington in

12enacting this initiative measure find:

13(1) The 2010 legislature adopted legislation that imposed new or

14higher taxes on many common food and beverage products, increasing the

15tax burden on Washington consumers and businesses by hundreds of

16millions of dollars;

17(2) Taxes on food and beverages hurt all Washington consumers, and


 1especially hurt lower and middle income taxpayers who can least afford

 2it;

 3(3) The legislature's tax increases on food and beverages come at

 4a time when Washington residents and businesses already face an

 5economic crisis;

 6(4) The process the legislature used to increase taxes on food and

 7beverages did not provide adequate public input on or scrutiny of the

 8proposed tax increases;

 9(5) Washington residents already pay among the highest sales taxes

10in the country;

11(6) The legislature's tax increases on food and beverages hurt

12Washington food and beverage producers and retail businesses by making

13their products more costly and less competitive;

14(7) The legislature's tax increases on food and beverages will hurt

15Washington's economy and cause the loss of many local jobs; and

16(8) The legislature's tax increases on food and beverages

17arbitrarily and unfairly impose higher taxes on some food and beverage

18products but not on others that are similar or essentially the same.

19For these reasons, the people repeal the food and beverage taxes

20imposed by the 2010 legislature.

 

21PART II

22Repeal of Tax Increases on Foods Made from Certain Agricultural

23Products

 

24NEW SECTION. Sec. 201. RCW 82.04.--- and 2010 1st sp.s. c 23 s

25502 are each repealed.

 

26Sec. 202. RCW 82.04.4266 and 2010 1st sp.s. c 23 s 504 are each

27amended to read as follows:

28(1) This chapter does not apply to the value of products or the

29gross proceeds of sales derived from:

30(a) Manufacturing fruits or vegetables ((products)) by canning,

31preserving, freezing, processing, or dehydrating fresh fruits or

32vegetables; or

33(b) Selling at wholesale fruits or vegetables ((products))

34manufactured by the seller by canning, preserving, freezing,

35processing, or dehydrating fresh fruits or vegetables and sold to


 1purchasers who transport in the ordinary course of business the goods

 2out of this state. A person taking an exemption under this subsection

 3(1)(b) must keep and preserve records for the period required by RCW

 482.32.070 establishing that the goods were transported by the purchaser

 5in the ordinary course of business out of this state.

 6(2)(((a) "Fruit or vegetable products" means:

 7(i) Products comprised exclusively of fruits, vegetables, or both;

 8and

 9(ii) Products comprised of fruits, vegetables, or both, and which

10may also contain water, sugar, salt, seasonings, preservatives,

11binders, stabilizers, flavorings, yeast, and similar substances.

12However, the amount of all ingredients contained in the product, other

13than fruits, vegetables, and water, may not exceed the amount of fruits

14and vegetables contained in the product measured by weight or volume.

15(b) "Fruit or vegetable products" includes only products that are

16intended for human consumption as food or animal consumption as feed.

17(3))) A person claiming the exemption provided in this section must

18file a complete annual survey with the department under RCW 82.32.---

19(section 102, chapter 114 (SHB 3066), Laws of 2010).

20(((4))) (3) This section expires July 1, 2012.

 

21Sec. 203. RCW 82.04.260 and 2010 1st sp.s. c 23 s 506 are each

22amended to read as follows:

23(1) Upon every person engaging within this state in the business of

24manufacturing:

25(a) Wheat into flour, barley into pearl barley, soybeans into

26soybean oil, canola into canola oil, canola meal, or canola by-

27products, or sunflower seeds into sunflower oil; as to such persons the

28amount of tax with respect to such business is equal to the value of

29the flour, pearl barley, oil, canola meal, or canola by-product

30manufactured, multiplied by the rate of 0.138 percent;

31(b) Beginning July 1, 2012, seafood products that remain in a raw,

32raw frozen, or raw salted state at the completion of the manufacturing

33by that person; or selling manufactured seafood products that remain in

34a raw, raw frozen, or raw salted state at the completion of the

35manufacturing, to purchasers who transport in the ordinary course of

36business the goods out of this state; as to such persons the amount of

37tax with respect to such business is equal to the value of the products


 1manufactured or the gross proceeds derived from such sales, multiplied

 2by the rate of 0.138 percent. Sellers must keep and preserve records

 3for the period required by RCW 82.32.070 establishing that the goods

 4were transported by the purchaser in the ordinary course of business

 5out of this state;

 6(c) Beginning July 1, 2012, dairy products that as of September 20,

 72001, are identified in 21 C.F.R., chapter 1, parts 131, 133, and 135,

 8including by-products from the manufacturing of the dairy products such

 9as whey and casein; or selling the same to purchasers who transport in

10the ordinary course of business the goods out of state; as to such

11persons the tax imposed is equal to the value of the products

12manufactured or the gross proceeds derived from such sales multiplied

13by the rate of 0.138 percent. Sellers must keep and preserve records

14for the period required by RCW 82.32.070 establishing that the goods

15were transported by the purchaser in the ordinary course of business

16out of this state;

17(d)(((i))) Beginning July 1, 2012, fruits or vegetables

18((products)) by canning, preserving, freezing, processing, or

19dehydrating fresh fruits or vegetables, or selling at wholesale fruits

20or vegetables ((products)) manufactured by the seller by canning,

21preserving, freezing, processing, or dehydrating fresh fruits or

22vegetables and sold to purchasers who transport in the ordinary course

23of business the goods out of this state; as to such persons the amount

24of tax with respect to such business is equal to the value of the

25products manufactured or the gross proceeds derived from such sales

26multiplied by the rate of 0.138 percent. Sellers must keep and

27preserve records for the period required by RCW 82.32.070 establishing

28that the goods were transported by the purchaser in the ordinary course

29of business out of this state;

30(((ii) For purposes of this subsection, "fruit or vegetable

31products" means:

32(A) Products comprised exclusively of fruits, vegetables, or both;

33or

34(B) Products comprised of fruits, vegetables, or both, and which

35may also contain water, sugar, salt, seasonings, preservatives,

36binders, stabilizers, flavorings, yeast, and similar substances.

37However, the amount of all ingredients contained in the product, other


 1than fruits, vegetables, and water, may not exceed the amount of fruits

 2and vegetables contained in the product measured by weight or volume;

 3(iii) "Fruit and vegetable products" includes only products that

 4are intended for human consumption as food or animal consumption as

 5feed;))

 6(e) Until July 1, 2009, alcohol fuel, biodiesel fuel, or biodiesel

 7feedstock, as those terms are defined in RCW 82.29A.135; as to such

 8persons the amount of tax with respect to the business is equal to the

 9value of alcohol fuel, biodiesel fuel, or biodiesel feedstock

10manufactured, multiplied by the rate of 0.138 percent; and

11(f) Wood biomass fuel as defined in RCW 82.29A.135; as to such

12persons the amount of tax with respect to the business is equal to the

13value of wood biomass fuel manufactured, multiplied by the rate of

140.138 percent.

15(2) Upon every person engaging within this state in the business of

16splitting or processing dried peas; as to such persons the amount of

17tax with respect to such business is equal to the value of the peas

18split or processed, multiplied by the rate of 0.138 percent.

19(3) Upon every nonprofit corporation and nonprofit association

20engaging within this state in research and development, as to such

21corporations and associations, the amount of tax with respect to such

22activities is equal to the gross income derived from such activities

23multiplied by the rate of 0.484 percent.

24(4) Upon every person engaging within this state in the business of

25slaughtering, breaking and/or processing perishable meat products

26and/or selling the same at wholesale only and not at retail; as to such

27persons the tax imposed is equal to the gross proceeds derived from

28such sales multiplied by the rate of 0.138 percent.

29(5) Upon every person engaging within this state in the business of

30acting as a travel agent or tour operator; as to such persons the

31amount of the tax with respect to such activities is equal to the gross

32income derived from such activities multiplied by the rate of 0.275

33percent.

34(((5))) (6) Upon every person engaging within this state in

35business as an international steamship agent, international customs

36house broker, international freight forwarder, vessel and/or cargo

37charter broker in foreign commerce, and/or international air cargo


 1agent; as to such persons the amount of the tax with respect to only

 2international activities is equal to the gross income derived from such

 3activities multiplied by the rate of 0.275 percent.

 4(((6))) (7) Upon every person engaging within this state in the

 5business of stevedoring and associated activities pertinent to the

 6movement of goods and commodities in waterborne interstate or foreign

 7commerce; as to such persons the amount of tax with respect to such

 8business is equal to the gross proceeds derived from such activities

 9multiplied by the rate of 0.275 percent. Persons subject to taxation

10under this subsection are exempt from payment of taxes imposed by

11chapter 82.16 RCW for that portion of their business subject to

12taxation under this subsection. Stevedoring and associated activities

13pertinent to the conduct of goods and commodities in waterborne

14interstate or foreign commerce are defined as all activities of a

15labor, service or transportation nature whereby cargo may be loaded or

16unloaded to or from vessels or barges, passing over, onto or under a

17wharf, pier, or similar structure; cargo may be moved to a warehouse or

18similar holding or storage yard or area to await further movement in

19import or export or may move to a consolidation freight station and be

20stuffed, unstuffed, containerized, separated or otherwise segregated or

21aggregated for delivery or loaded on any mode of transportation for

22delivery to its consignee. Specific activities included in this

23definition are: Wharfage, handling, loading, unloading, moving of

24cargo to a convenient place of delivery to the consignee or a

25convenient place for further movement to export mode; documentation

26services in connection with the receipt, delivery, checking, care,

27custody and control of cargo required in the transfer of cargo;

28imported automobile handling prior to delivery to consignee; terminal

29stevedoring and incidental vessel services, including but not limited

30to plugging and unplugging refrigerator service to containers,

31trailers, and other refrigerated cargo receptacles, and securing ship

32hatch covers.

33(((7)(a))) (8) Upon every person engaging within this state in the

34business of disposing of low-level waste, as defined in RCW 43.145.010;

35as to such persons the amount of the tax with respect to such business

36is equal to the gross income of the business, excluding any fees

37imposed under chapter 43.200 RCW, multiplied by the rate of 3.3

38percent.


 1(((b))) If the gross income of the taxpayer is attributable to

 2activities both within and without this state, the gross income

 3attributable to this state must be determined in accordance with the

 4methods of apportionment required under RCW 82.04.460.

 5(((8))) (9) Upon every person engaging within this state as an

 6insurance producer or title insurance agent licensed under chapter

 748.17 RCW or a surplus line broker licensed under chapter 48.15 RCW; as

 8to such persons, the amount of the tax with respect to such licensed

 9activities is equal to the gross income of such business multiplied by

10the rate of 0.484 percent.

11(((9))) (10) Upon every person engaging within this state in

12business as a hospital, as defined in chapter 70.41 RCW, that is

13operated as a nonprofit corporation or by the state or any of its

14political subdivisions, as to such persons, the amount of tax with

15respect to such activities is equal to the gross income of the business

16multiplied by the rate of 0.75 percent through June 30, 1995, and 1.5

17percent thereafter.

18(((10))) (11)(a) Beginning October 1, 2005, upon every person

19engaging within this state in the business of manufacturing commercial

20airplanes, or components of such airplanes, or making sales, at retail

21or wholesale, of commercial airplanes or components of such airplanes,

22manufactured by the seller, as to such persons the amount of tax with

23respect to such business is, in the case of manufacturers, equal to the

24value of the product manufactured and the gross proceeds of sales of

25the product manufactured, or in the case of processors for hire, equal

26to the gross income of the business, multiplied by the rate of:

27(i) 0.4235 percent from October 1, 2005, through June 30, 2007; and

28(ii) 0.2904 percent beginning July 1, 2007.

29(b) Beginning July 1, 2008, upon every person who is not eligible

30to report under the provisions of (a) of this subsection (((10))) (11)

31and is engaging within this state in the business of manufacturing

32tooling specifically designed for use in manufacturing commercial

33airplanes or components of such airplanes, or making sales, at retail

34or wholesale, of such tooling manufactured by the seller, as to such

35persons the amount of tax with respect to such business is, in the case

36of manufacturers, equal to the value of the product manufactured and

37the gross proceeds of sales of the product manufactured, or in the case


 1of processors for hire, be equal to the gross income of the business,

 2multiplied by the rate of 0.2904 percent.

 3(c) For the purposes of this subsection (((10))) (11), "commercial

 4airplane" and "component" have the same meanings as provided in RCW

 582.32.550.

 6(d) In addition to all other requirements under this title, a

 7person reporting under the tax rate provided in this subsection

 8(((10))) (11) must file a complete annual report with the department

 9under RCW 82.32.--- (section 103, chapter 114 (SHB 3066), Laws of

102010).

11(e) This subsection (((10))) (11) does not apply on and after July

121, 2024.

13(((11))) (12)(a) Until July 1, 2024, upon every person engaging

14within this state in the business of extracting timber or extracting

15for hire timber; as to such persons the amount of tax with respect to

16the business is, in the case of extractors, equal to the value of

17products, including by-products, extracted, or in the case of

18extractors for hire, equal to the gross income of the business,

19multiplied by the rate of 0.4235 percent from July 1, 2006, through

20June 30, 2007, and 0.2904 percent from July 1, 2007, through June 30,

212024.

22(b) Until July 1, 2024, upon every person engaging within this

23state in the business of manufacturing or processing for hire: (i)

24Timber into timber products or wood products; or (ii) timber products

25into other timber products or wood products; as to such persons the

26amount of the tax with respect to the business is, in the case of

27manufacturers, equal to the value of products, including by-products,

28manufactured, or in the case of processors for hire, equal to the gross

29income of the business, multiplied by the rate of 0.4235 percent from

30July 1, 2006, through June 30, 2007, and 0.2904 percent from July 1,

312007, through June 30, 2024.

32(c) Until July 1, 2024, upon every person engaging within this

33state in the business of selling at wholesale: (i) Timber extracted by

34that person; (ii) timber products manufactured by that person from

35timber or other timber products; or (iii) wood products manufactured by

36that person from timber or timber products; as to such persons the

37amount of the tax with respect to the business is equal to the gross

38proceeds of sales of the timber, timber products, or wood products


 1multiplied by the rate of 0.4235 percent from July 1, 2006, through

 2June 30, 2007, and 0.2904 percent from July 1, 2007, through June 30,

 32024.

 4(d) Until July 1, 2024, upon every person engaging within this

 5state in the business of selling standing timber; as to such persons

 6the amount of the tax with respect to the business is equal to the

 7gross income of the business multiplied by the rate of 0.2904 percent.

 8For purposes of this subsection (((11))) (12)(d), "selling standing

 9timber" means the sale of timber apart from the land, where the buyer

10is required to sever the timber within thirty months from the date of

11the original contract, regardless of the method of payment for the

12timber and whether title to the timber transfers before, upon, or after

13severance.

14(e) For purposes of this subsection, the following definitions

15apply:

16(i) "Biocomposite surface products" means surface material products

17containing, by weight or volume, more than fifty percent recycled paper

18and that also use nonpetroleum-based phenolic resin as a bonding agent.

19(ii) "Paper and paper products" means products made of interwoven

20cellulosic fibers held together largely by hydrogen bonding. "Paper

21and paper products" includes newsprint; office, printing, fine, and

22pressure-sensitive papers; paper napkins, towels, and toilet tissue;

23kraft bag, construction, and other kraft industrial papers; paperboard,

24liquid packaging containers, containerboard, corrugated, and solid-

25fiber containers including linerboard and corrugated medium; and

26related types of cellulosic products containing primarily, by weight or

27volume, cellulosic materials. "Paper and paper products" does not

28include books, newspapers, magazines, periodicals, and other printed

29publications, advertising materials, calendars, and similar types of

30printed materials.

31(iii) "Recycled paper" means paper and paper products having fifty

32percent or more of their fiber content that comes from postconsumer

33waste. For purposes of this subsection (((11))) (12)(e)(iii),

34"postconsumer waste" means a finished material that would normally be

35disposed of as solid waste, having completed its life cycle as a

36consumer item.

37(iv) "Timber" means forest trees, standing or down, on privately or


 1publicly owned land. "Timber" does not include Christmas trees that

 2are cultivated by agricultural methods or short-rotation hardwoods as

 3defined in RCW 84.33.035.

 4(v) "Timber products" means:

 5(A) Logs, wood chips, sawdust, wood waste, and similar products

 6obtained wholly from the processing of timber, short-rotation hardwoods

 7as defined in RCW 84.33.035, or both;

 8(B) Pulp, including market pulp and pulp derived from recovered

 9paper or paper products; and

10(C) Recycled paper, but only when used in the manufacture of

11biocomposite surface products.

12(vi) "Wood products" means paper and paper products; dimensional

13lumber; engineered wood products such as particleboard, oriented strand

14board, medium density fiberboard, and plywood; wood doors; wood

15windows; and biocomposite surface products.

16(f) Except for small harvesters as defined in RCW 84.33.035, a

17person reporting under the tax rate provided in this subsection

18(((11))) (12) must file a complete annual survey with the department

19under RCW 82.32.--- (section 102, chapter 114 (SHB 3066), Laws of

202010).

21(((12))) (13) Upon every person engaging within this state in

22inspecting, testing, labeling, and storing canned salmon owned by

23another person, as to such persons, the amount of tax with respect to

24such activities is equal to the gross income derived from such

25activities multiplied by the rate of 0.484 percent.

26(((13))) (14)(a) Upon every person engaging within this state in

27the business of printing a newspaper, publishing a newspaper, or both,

28the amount of tax on such business is equal to the gross income of the

29business multiplied by the rate of 0.2904 percent.

30(b) A person reporting under the tax rate provided in this

31subsection (((13))) (14) must file a complete annual report with the

32department under RCW 82.32.--- (section 103, chapter 114 (SHB 3066),

33Laws of 2010).

 

34Sec. 204. RCW 82.04.298 and 2010 1st sp.s. c 23 s 511 are each

35amended to read as follows:

36(1) The amount of tax with respect to a qualified grocery

37distribution cooperative's sales of groceries or related goods for


 1resale, excluding items subject to tax under RCW ((82.04.--- (section

 2502 of this act))) 82.04.260(4), to customer-owners of the grocery

 3distribution cooperative is equal to the gross proceeds of sales of the

 4grocery distribution cooperative multiplied by the rate of one and

 5one-half percent.

 6(2) A qualified grocery distribution cooperative is allowed a

 7deduction from the gross proceeds of sales of groceries or related

 8goods for resale, excluding items subject to tax under RCW ((82.04.---

 9(section 502 of this act))) 82.04.260(4), to customer-owners of the

10grocery distribution cooperative that is equal to the portion of the

11gross proceeds of sales for resale that represents the actual cost of

12the merchandise sold by the grocery distribution cooperative to

13customer-owners.

14(3) The definitions in this subsection apply throughout this

15section unless the context clearly requires otherwise.

16(a) "Grocery distribution cooperative" means an entity that sells

17groceries and related items to customer-owners of the grocery

18distribution cooperative and has customer-owners, in the aggregate, who

19own a majority of the outstanding ownership interests of the grocery

20distribution cooperative or of the entity controlling the grocery

21distribution cooperative. "Grocery distribution cooperative" includes

22an entity that controls a grocery distribution cooperative.

23(b) "Qualified grocery distribution cooperative" means:

24(i) A grocery distribution cooperative that has been determined by

25a court of record of the state of Washington to be not engaged in

26wholesaling or making sales at wholesale, within the meaning of RCW

2782.04.270 or any similar provision of a municipal ordinance that

28imposes a tax on gross receipts, gross proceeds of sales, or gross

29income, with respect to purchases made by customer-owners, and

30subsequently changes its form of doing business to make sales at

31wholesale of groceries or related items to its customer-owners; or

32(ii) A grocery distribution cooperative that has acquired

33substantially all of the assets of a grocery distribution cooperative

34described in (b)(i) of this subsection.

35(c) "Customer-owner" means a person who has an ownership interest

36in a grocery distribution cooperative and purchases groceries and

37related items at wholesale from that grocery distribution cooperative.


 1(d) "Controlling" means holding fifty percent or more of the voting

 2interests of an entity and having at least equal power to direct or

 3cause the direction of the management and policies of the entity,

 4whether through the ownership of voting securities, by contract, or

 5otherwise.

 

 6Sec. 205. RCW 82.04.440 and 2010 1st sp.s. c 23 s 513 are each

 7amended to read as follows:

 8(1) Every person engaged in activities that are subject to tax

 9under two or more provisions of RCW 82.04.230 through 82.04.298,

10inclusive, is taxable under each provision applicable to those

11activities.

12(2) Persons taxable under RCW 82.04.2909(2), 82.04.250, 82.04.270,

1382.04.294(2), or 82.04.260 (1)(b), (c), or (d), (((10), or)) (4), (11),

14or ((section 502(2) of this act)) (12) with respect to selling products

15in this state, including those persons who are also taxable under RCW

1682.04.261, are allowed a credit against those taxes for any (a)

17manufacturing taxes paid with respect to the manufacturing of products

18so sold in this state, and/or (b) extracting taxes paid with respect to

19the extracting of products so sold in this state or ingredients of

20products so sold in this state. Extracting taxes taken as credit under

21subsection (3) of this section may also be taken under this subsection,

22if otherwise allowable under this subsection. The amount of the credit

23may not exceed the tax liability arising under this chapter with

24respect to the sale of those products.

25(3) Persons taxable as manufacturers under RCW 82.04.240 or

2682.04.260 (1)(b) or (((11))) (12), including those persons who are also

27taxable under RCW 82.04.261, are allowed a credit against those taxes

28for any extracting taxes paid with respect to extracting the

29ingredients of the products so manufactured in this state. The amount

30of the credit may not exceed the tax liability arising under this

31chapter with respect to the manufacturing of those products.

32(4) Persons taxable under RCW 82.04.230, 82.04.240, 82.04.2909(1),

3382.04.294(1), 82.04.2404, or 82.04.260 (1), (2), (((10), or)) (4),

34(11), or ((section 502(1) of this act)) (12), including those persons

35who are also taxable under RCW 82.04.261, with respect to extracting or

36manufacturing products in this state are allowed a credit against those

37taxes for any (i) gross receipts taxes paid to another state with


 1respect to the sales of the products so extracted or manufactured in

 2this state, (ii) manufacturing taxes paid with respect to the

 3manufacturing of products using ingredients so extracted in this state,

 4or (iii) manufacturing taxes paid with respect to manufacturing

 5activities completed in another state for products so manufactured in

 6this state. The amount of the credit may not exceed the tax liability

 7arising under this chapter with respect to the extraction or

 8manufacturing of those products.

 9(5) For the purpose of this section:

10(a) "Gross receipts tax" means a tax:

11(i) Which is imposed on or measured by the gross volume of

12business, in terms of gross receipts or in other terms, and in the

13determination of which the deductions allowed would not constitute the

14tax an income tax or value added tax; and

15(ii) Which is also not, pursuant to law or custom, separately

16stated from the sales price.

17(b) "State" means (i) the state of Washington, (ii) a state of the

18United States other than Washington, or any political subdivision of

19such other state, (iii) the District of Columbia, and (iv) any foreign

20country or political subdivision thereof.

21(c) "Manufacturing tax" means a gross receipts tax imposed on the

22act or privilege of engaging in business as a manufacturer, and

23includes (i) the taxes imposed in RCW 82.04.240, 82.04.2404,

2482.04.2909(1), 82.04.260 (1), (2),(((10), and)) (4), (11), ((section

25502(1) of this act)) and (12), and 82.04.294(1); (ii) the tax imposed

26under RCW 82.04.261 on persons who are engaged in business as a

27manufacturer; and (iii) similar gross receipts taxes paid to other

28states.

29(d) "Extracting tax" means a gross receipts tax imposed on the act

30or privilege of engaging in business as an extractor, and includes (i)

31the tax imposed on extractors in RCW 82.04.230 and 82.04.260(((11)))

32(12); (ii) the tax imposed under RCW 82.04.261 on persons who are

33engaged in business as an extractor; and (iii) similar gross receipts

34taxes paid to other states.

35(e) "Business", "manufacturer", "extractor", and other terms used

36in this section have the meanings given in RCW 82.04.020 through

3782.04.212, notwithstanding the use of those terms in the context of

38describing taxes imposed by other states.

 

 


 1PART III

 2Repeal of Tax Increases on Bottled Water and Candy

 

 3Sec. 301. RCW 82.08.0293 and 2010 1st sp.s. c 23 s 902 are each

 4amended to read as follows:

 5(1) The tax levied by RCW 82.08.020 does not apply to sales of food

 6and food ingredients. "Food and food ingredients" means substances,

 7whether in liquid, concentrated, solid, frozen, dried, or dehydrated

 8form, that are sold for ingestion or chewing by humans and are consumed

 9for their taste or nutritional value. "Food and food ingredients" does

10not include:

11(a) "Alcoholic beverages," which means beverages that are suitable

12for human consumption and contain one-half of one percent or more of

13alcohol by volume; and

14(b) "Tobacco," which means cigarettes, cigars, chewing or pipe

15tobacco, or any other item that contains tobacco.

16(2) ((Until July 1, 2013,)) The exemption of "food and food

17ingredients" provided for in subsection (1) of this section does not

18apply to prepared food, soft drinks, ((bottled water, candy,)) or

19dietary supplements. ((Beginning July 1, 2013, the exemption of "food

20and food ingredients" provided for in subsection (1) of this section

21does not apply to prepared food, soft drinks, candy, or dietary

22supplements.)) For purposes of this subsection, the following

23definitions apply:

24(a) "Dietary supplement" means any product, other than tobacco,

25intended to supplement the diet that:

26(i) Contains one or more of the following dietary ingredients:

27(A) A vitamin;

28(B) A mineral;

29(C) An herb or other botanical;

30(D) An amino acid;

31(E) A dietary substance for use by humans to supplement the diet by

32increasing the total dietary intake; or

33(F) A concentrate, metabolite, constituent, extract, or combination

34of any ingredient described in this subsection;

35(ii) Is intended for ingestion in tablet, capsule, powder, softgel,

36gelcap, or liquid form, or if not intended for ingestion in such form,

37is not represented as conventional food and is not represented for use

38as a sole item of a meal or of the diet; and


 1(iii) Is required to be labeled as a dietary supplement,

 2identifiable by the "supplement facts" box found on the label as

 3required pursuant to 21 C.F.R. Sec. 101.36, as amended or renumbered as

 4of January 1, 2003.

 5(b)(i) "Prepared food" means:

 6(A) Food sold in a heated state or heated by the seller;

 7(B) Food sold with eating utensils provided by the seller,

 8including plates, knives, forks, spoons, glasses, cups, napkins, or

 9straws. A plate does not include a container or packaging used to

10transport the food; or

11(C) Two or more food ingredients mixed or combined by the seller

12for sale as a single item, except:

13(I) Food that is only cut, repackaged, or pasteurized by the

14seller; or

15(II) Raw eggs, fish, meat, poultry, and foods containing these raw

16animal foods requiring cooking by the consumer as recommended by the

17federal food and drug administration in chapter 3, part 401.11 of The

18Food Code, published by the food and drug administration, as amended or

19renumbered as of January 1, 2003, so as to prevent foodborne illness.

20(ii) "Prepared food" does not include the following food or food

21ingredients, if the food or food ingredients are sold without eating

22utensils provided by the seller:

23(A) Food sold by a seller whose proper primary North American

24industry classification system (NAICS) classification is manufacturing

25in sector 311, except subsector 3118 (bakeries), as provided in the

26"North American industry classification system--United States, 2002";

27(B) Food sold in an unheated state by weight or volume as a single

28item; or

29(C) Bakery items. The term "bakery items" includes bread, rolls,

30buns, biscuits, bagels, croissants, pastries, donuts, Danish, cakes,

31tortes, pies, tarts, muffins, bars, cookies, or tortillas.

32(c) "Soft drinks" means nonalcoholic beverages that contain natural

33or artificial sweeteners. Soft drinks do not include beverages that

34contain: Milk or milk products; soy, rice, or similar milk

35substitutes; or greater than fifty percent of vegetable or fruit juice

36by volume.

37(((d) "Candy" means a preparation of sugar, honey, or other natural

38or artificial sweeteners in combination with chocolate, fruits, nuts,


 1or other ingredients or flavorings in the form of bars, drops, or

 2pieces. "Candy" does not include any preparation containing flour and

 3does not require refrigeration.

 4(e) "Bottled water" means water that is placed in a sealed

 5container or package for human consumption. Bottled water is calorie

 6free and does not contain sweeteners or other additives except that it

 7may contain: (i) Antimicrobial agents; (ii) fluoride; (iii)

 8carbonation; (iv) vitamins, minerals, and electrolytes; (v) oxygen;

 9(vi) preservatives; and (vii) only those flavors, extracts, or essences

10derived from a spice or fruit. "Bottled water" includes water that is

11delivered to the buyer in a reusable container that is not sold with

12the water.))

13(3) Notwithstanding anything in this section to the contrary, the

14exemption of "food and food ingredients" provided in this section

15applies to food and food ingredients that are furnished, prepared, or

16served as meals:

17(a) Under a state administered nutrition program for the aged as

18provided for in the older Americans act (P.L. 95-478 Title III) and RCW

1974.38.040(6);

20(b) That are provided to senior citizens, individuals with

21disabilities, or low-income persons by a not-for-profit organization

22organized under chapter 24.03 or 24.12 RCW; or

23(c) That are provided to residents, sixty-two years of age or

24older, of a qualified low-income senior housing facility by the lessor

25or operator of the facility. The sale of a meal that is billed to both

26spouses of a marital community or both domestic partners of a domestic

27partnership meets the age requirement in this subsection (3)(c) if at

28least one of the spouses or domestic partners is at least sixty-two

29years of age. For purposes of this subsection, "qualified low-income

30senior housing facility" means a facility:

31(i) That meets the definition of a qualified low-income housing

32project under 26 U.S.C. Sec. 42 of the federal internal revenue code,

33as existing on August 1, 2009;

34(ii) That has been partially funded under 42 U.S.C. Sec. 1485; and

35(iii) For which the lessor or operator has at any time been

36entitled to claim a federal income tax credit under 26 U.S.C. Sec. 42

37of the federal internal revenue code.


 1(4)(a) Subsection (1) of this section notwithstanding, the retail

 2sale of food and food ingredients is subject to sales tax under RCW

 382.08.020 if the food and food ingredients are sold through a vending

 4machine. Except as provided in (b) of this subsection, the selling

 5price of food and food ingredients sold through a vending machine for

 6purposes of RCW 82.08.020 is fifty-seven percent of the gross receipts.

 7(b) For soft drinks and hot prepared food and food ingredients,

 8other than food and food ingredients which are heated after they have

 9been dispensed from the vending machine, the selling price is the total

10gross receipts of such sales divided by the sum of one plus the sales

11tax rate expressed as a decimal.

12(c) For tax collected under this subsection (4), the requirements

13that the tax be collected from the buyer and that the amount of tax be

14stated as a separate item are waived.

 

15Sec. 302. RCW 82.08.0293 and 2010 1st sp.s. c 35 s 305 are each

16amended to read as follows:

17(1) The tax levied by RCW 82.08.020 does not apply to sales of food

18and food ingredients. "Food and food ingredients" means substances,

19whether in liquid, concentrated, solid, frozen, dried, or dehydrated

20form, that are sold for ingestion or chewing by humans and are consumed

21for their taste or nutritional value. "Food and food ingredients" does

22not include:

23(a) "Alcoholic beverages," which means beverages that are suitable

24for human consumption and contain one-half of one percent or more of

25alcohol by volume; and

26(b) "Tobacco," which means cigarettes, cigars, chewing or pipe

27tobacco, or any other item that contains tobacco.

28(2) The exemption of "food and food ingredients" provided for in

29subsection (1) of this section does not apply to prepared food, soft

30drinks, ((bottled water, candy,)) or dietary supplements. For purposes

31of this subsection, the following definitions apply:

32(a) "Dietary supplement" means any product, other than tobacco,

33intended to supplement the diet that:

34(i) Contains one or more of the following dietary ingredients:

35(A) A vitamin;

36(B) A mineral;

37 (C) An herb or other botanical;


 1(D) An amino acid;

 2(E) A dietary substance for use by humans to supplement the diet by

 3increasing the total dietary intake; or

 4(F) A concentrate, metabolite, constituent, extract, or combination

 5of any ingredient described in this subsection;

 6(ii) Is intended for ingestion in tablet, capsule, powder, softgel,

 7gelcap, or liquid form, or if not intended for ingestion in such form,

 8is not represented as conventional food and is not represented for use

 9as a sole item of a meal or of the diet; and

10(iii) Is required to be labeled as a dietary supplement,

11identifiable by the "supplement facts" box found on the label as

12required pursuant to 21 C.F.R. Sec. 101.36, as amended or renumbered as

13of January 1, 2003.

14(b)(i) "Prepared food" means:

15(A) Food sold in a heated state or heated by the seller;

16(B) Food sold with eating utensils provided by the seller,

17including plates, knives, forks, spoons, glasses, cups, napkins, or

18straws. A plate does not include a container or packaging used to

19transport the food; or

20(C) Two or more food ingredients mixed or combined by the seller

21for sale as a single item, except:

22(I) Food that is only cut, repackaged, or pasteurized by the

23seller; or

24(II) Raw eggs, fish, meat, poultry, and foods containing these raw

25animal foods requiring cooking by the consumer as recommended by the

26federal food and drug administration in chapter 3, part 401.11 of The

27Food Code, published by the food and drug administration, as amended or

28renumbered as of January 1, 2003, so as to prevent foodborne illness.

29(ii) "Prepared food" does not include the following food or food

30ingredients, if the food or food ingredients are sold without eating

31utensils provided by the seller:

32(A) Food sold by a seller whose proper primary North American

33industry classification system (NAICS) classification is manufacturing

34in sector 311, except subsector 3118 (bakeries), as provided in the

35"North American industry classification system--United States, 2002";

36(B) Food sold in an unheated state by weight or volume as a single

37item; or


 1(C) Bakery items. The term "bakery items" includes bread, rolls,

 2buns, biscuits, bagels, croissants, pastries, donuts, Danish, cakes,

 3tortes, pies, tarts, muffins, bars, cookies, or tortillas.

 4(c) "Soft drinks" means nonalcoholic beverages that contain natural

 5or artificial sweeteners. Soft drinks do not include beverages that

 6contain: Milk or milk products; soy, rice, or similar milk

 7substitutes; or greater than fifty percent of vegetable or fruit juice

 8by volume.

 9(((d) "Candy" means a preparation of sugar, honey, or other natural

10or artificial sweeteners in combination with chocolate, fruits, nuts,

11or other ingredients or flavorings in the form of bars, drops, or

12pieces. "Candy" does not include any preparation containing flour and

13does not require refrigeration.

14(e) "Bottled water" means water that is placed in a sealed

15container or package for human consumption. Bottled water is calorie

16free and does not contain sweeteners or other additives except that it

17may contain: (i) Antimicrobial agents; (ii) fluoride; (iii)

18carbonation; (iv) vitamins, minerals, and electrolytes; (v) oxygen;

19(vi) preservatives; and (vii) only those flavors, extracts, or essences

20derived from a spice or fruit. "Bottled water" includes water that is

21delivered to the buyer in a reusable container that is not sold with

22the water.))

23(3) Notwithstanding anything in this section to the contrary, the

24exemption of "food and food ingredients" provided in this section

25applies to food and food ingredients that are furnished, prepared, or

26served as meals:

27(a) Under a state administered nutrition program for the aged as

28provided for in the older Americans act (P.L. 95-478 Title III) and RCW

2974.38.040(6);

30(b) That are provided to senior citizens, individuals with

31disabilities, or low-income persons by a not-for-profit organization

32organized under chapter 24.03 or 24.12 RCW; or

33(c) That are provided to residents, sixty-two years of age or

34older, of a qualified low-income senior housing facility by the lessor

35or operator of the facility. The sale of a meal that is billed to both

36spouses of a marital community or both domestic partners of a domestic

37partnership meets the age requirement in this subsection (3)(c) if at


 1least one of the spouses or domestic partners is at least sixty-two

 2years of age. For purposes of this subsection, "qualified low-income

 3senior housing facility" means a facility:

 4(i) That meets the definition of a qualified low-income housing

 5project under 26 U.S.C. Sec. 42 of the federal internal revenue code,

 6as existing on August 1, 2009;

 7(ii) That has been partially funded under 42 U.S.C. Sec. 1485; and

 8(iii) For which the lessor or operator has at any time been

 9entitled to claim a federal income tax credit under 26 U.S.C. Sec. 42

10of the federal internal revenue code.

11(4)(a) Subsection (1) of this section notwithstanding, the retail

12sale of food and food ingredients is subject to sales tax under RCW

1382.08.020 if the food and food ingredients are sold through a vending

14machine. Except as provided in (b) of this subsection, the selling

15price of food and food ingredients sold through a vending machine for

16purposes of RCW 82.08.020 is fifty-seven percent of the gross receipts.

17(b) For soft drinks and hot prepared food and food ingredients,

18other than food and food ingredients which are heated after they have

19been dispensed from the vending machine, the selling price is the total

20gross receipts of such sales divided by the sum of one plus the sales

21tax rate expressed as a decimal.

22(c) For tax collected under this subsection (4), the requirements

23that the tax be collected from the buyer and that the amount of tax be

24stated as a separate item are waived.

 

25Sec. 303. RCW 82.12.0293 and 2010 1st sp.s. c 23 s 903 are each

26amended to read as follows:

27(1) The provisions of this chapter do not apply in respect to the

28use of food and food ingredients for human consumption. "Food and food

29ingredients" has the same meaning as in RCW 82.08.0293.

30(2) ((Until July 1, 2013,)) The exemption of "food and food

31ingredients" provided for in subsection (1) of this section does not

32apply to prepared food, soft drinks, ((bottled water, candy,)) or

33dietary supplements. ((Beginning July 1, 2013, the exemption of "food

34and food ingredients" provided for in subsection (1) of this section

35does not apply to prepared food, soft drinks, candy, or dietary

36supplements.)) "Prepared food," "soft drinks," and "dietary


 1supplements((,))" (("candy," and "bottled water")) have the same

 2meanings as in RCW 82.08.0293.

 3(3) Notwithstanding anything in this section to the contrary, the

 4exemption of "food and food ingredients" provided in this section

 5((apply)) applies to food and food ingredients which are furnished,

 6prepared, or served as meals:

 7(a) Under a state administered nutrition program for the aged as

 8provided for in the older Americans act (P.L. 95-478 Title III) and RCW

 974.38.040(6);

10(b) Which are provided to senior citizens, individuals with

11disabilities, or low-income persons by a not-for-profit organization

12organized under chapter 24.03 or 24.12 RCW; or

13(c) That are provided to residents, sixty-two years of age or

14older, of a qualified low-income senior housing facility by the lessor

15or operator of the facility. The sale of a meal that is billed to both

16spouses of a marital community or both domestic partners of a domestic

17partnership meets the age requirement in this subsection (3)(c) if at

18least one of the spouses or domestic partners is at least sixty-two

19years of age. For purposes of this subsection, "qualified low-income

20senior housing facility" has the same meaning as in RCW 82.08.0293.

 

21Sec. 304. RCW 82.12.0293 and 2010 1st sp.s. c 35 s 306 are each

22amended to read as follows:

23(1) The provisions of this chapter do not apply in respect to the

24use of food and food ingredients for human consumption. "Food and food

25ingredients" has the same meaning as in RCW 82.08.0293.

26(2) The exemption of "food and food ingredients" provided for in

27subsection (1) of this section does not apply to prepared food, soft

28drinks, ((bottled water, candy,)) or dietary supplements. "Prepared

29food," "soft drinks," and "dietary supplements((,))" (("candy," and

30"bottled water")) have the same meanings as in RCW 82.08.0293.

31 (3) Notwithstanding anything in this section to the contrary, the

32exemption of "food and food ingredients" provided in this section

33applies to food and food ingredients which are furnished, prepared, or

34served as meals:

35(a) Under a state administered nutrition program for the aged as

36provided for in the older Americans act (P.L. 95-478 Title III) and RCW

3774.38.040(6);


 1(b) Which are provided to senior citizens, individuals with

 2disabilities, or low-income persons by a not-for-profit organization

 3organized under chapter 24.03 or 24.12 RCW; or

 4(c) That are provided to residents, sixty-two years of age or

 5older, of a qualified low-income senior housing facility by the lessor

 6or operator of the facility. The sale of a meal that is billed to both

 7spouses of a marital community or both domestic partners of a domestic

 8partnership meets the age requirement in this subsection (3)(c) if at

 9least one of the spouses or domestic partners is at least sixty-two

10years of age. For purposes of this subsection, "qualified low-income

11senior housing facility" has the same meaning as in RCW 82.08.0293.

 

12NEW SECTION. Sec. 305. The following acts or parts of acts are

13each repealed:

14(1) RCW 82.08.--- and 2010 1st sp.s c 23 s 904;

15(2) RCW 82.12.--- and 2010 1st sp.s c 23 s 905;

16(3) RCW 82.08.--- and 2010 1st sp.s c 23 s 906;

17(4) RCW 82.12.--- and 2010 1st sp.s c 23 s 907; and

18(5) RCW 82.04.--- and 2010 1st sp.s c 23 s 908.

 

19PART IV

20Repeal of Tax Increase on Carbonated Beverages

 

21NEW SECTION. Sec. 401. RCW 82.--.--- through 82.--.--- and 2010

221st sp.s c 23 ss 1401 through 1406 are each repealed.

 

23PART V

24Miscellaneous Provisions

 

25NEW SECTION. Sec. 501. The provisions of this act are to be

26construed liberally so as to effectuate its intent.

 

27NEW SECTION. Sec. 502. If any provision of this act or its

28application to any person or circumstance is held invalid, the

29remainder of the act or the application of the provision to other

30persons or circumstances is not affected.


 1NEW SECTION. Sec. 503. Sections 302 and 304 of this act take

 2effect on the date that chapter 35, sections 305 and 306, Laws of 2010

 3(Engrossed House Bill No. 2561) take effect.Originally filed in Office of Secretary of State May 19, 2010.

Approved by the People of the State of Washington in the General Election on November 2, 2010.