S-782                 _______________________________________________

                                                   SENATE BILL NO. 3395

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Goltz, Benitz, Hansen and Barr

Read first time 1/29/85 and referred to Committee on Agriculture.

AN ACT Relating to dairy products; and amending RCW 69.04.398.

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

        Sec. 1.  Section 36, chapter 7, Laws of 1975 1st ex. sess. and RCW 69.04.398 are each amended to read as follows:

          The purpose of RCW 69.04.110, 69.04.392, 69.04.394, and 69.04.396 is to promote uniformity of state legislation and regulations with the Federal Food, Drug and Cosmetic Act 21 USC 301 et seq. and regulations adopted thereunder.  In accord with such declared purpose any regulation adopted under said federal food, drug and cosmetic act concerning food in effect on July 1, 1975, and not adopted under any other specific provision of RCW 69.04.110, 69.04.392, 69.04.394, and 69.04.396 are hereby deemed to have been adopted under the provision hereof.  Further, to promote such uniformity any regulation adopted hereafter under the provisions of the federal food, drug and cosmetic act concerning food and published in the federal register shall be deemed to have been adopted under the provisions of RCW 69.04.110, 69.04.392, 69.04.394, and 69.04.396 in accord with chapter 34.04 RCW as enacted or hereafter amended.  The director may, however, within thirty days of the publication of the adoption of any such regulation under the federal food, drug and cosmetic act give public notice that a hearing will be held to determine if such regulation shall not be applicable under the provisions of RCW 69.04.110, 69.04.392, 69.04.394, and 69.04.396.  Such hearing shall be in accord with the requirements of chapter 34.04 RCW as enacted or hereafter amended.

The director may, by rule, establish or amend definitions and standards for dairy products provided in chapters 15.32 and 15.36 RCW which exceed those standards set forth under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq., and regulations adopted thereunder, as necessary to maintain standards at levels comparable to those in areas bordering the state.