H-725                _______________________________________________

                                                    HOUSE BILL NO. 297

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State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Jacobsen, Appelwick, Niemi, Vekich, Prince, Ballard, Todd, Unsoeld, Locke, D. Nelson, Baugher, Rayburn, Isaacson, Fisher and Lux

Read first time 1/28/85 and referred to Committee on Agriculture.

AN ACT Relating to organic food products; and adding a new chapter to Title 15 RCW.

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

NEW SECTION. Sec. 1.     The legislature recognizes a public benefit in establishing standards for food products marketed and labeled using the term "organic" or a derivative of the term "organic."  Such standards shall also facilitate the development of out-of-state markets for Washington food grown by organic methods.

NEW SECTION. Sec. 2.     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Department" means the department of agriculture of the state of Washington.

          (2) "Organic food" means any food product, including meat, dairy, and beverage, that is marketed using the term organic or any derivative of organic in its labeling or advertising.

          (3) "Producer" is one who is responsible for growing or raising products labeled or advertised using the term organic or any derivative of organic.

          (4) "Vendor" means anyone who sells organic food to the consumer or another vendor.

NEW SECTION. Sec. 3.     Organic food must be grown, raised, or composed of ingredients that were grown or raised without the use of chemical fertilizers, pesticides, hormones, antibiotics, growth stimulants, arsenicals, or other substances not essential to proper nutrition.

NEW SECTION. Sec. 4.     Labels, display placards, and advertising of organic foods shall include the name and address of the grower or producer of the product.

NEW SECTION. Sec. 5.     A producer shall display and provide to vendors a signed affidavit attesting that the food product being sold was grown and produced under organic conditions.  Vendors must retain copies of such affidavits for a two-year period following the date the organic food was received.

NEW SECTION. Sec. 6.     (1) Growers, manufacturers, and sellers of products regulated by this chapter shall provide the department, upon demand, with relevant information from records required under section 4 of this act.

          (2) The department shall enforce this chapter.

          (3) The department has the power and obligation to withhold from sale or trade any product or products sold, labeled, or advertised in violation of this chapter.

          (4) The department shall investigate the offering for sale, labeling, or advertising of an article or substance as organically grown, organically processed, or produced in an organic environment if there is reason to believe that action is in violation of this chapter.

          (5) The department has the authority to adopt rules that further clarify organic food standards and marketing practices.

NEW SECTION. Sec. 7.     Sections 1 through 6 of this act shall constitute a new chapter in Title 15 RCW.