S-989                 _______________________________________________

                                                   SENATE BILL NO. 3525

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Warnke, Fleming, Lee, Halsan, Cantu, McDonald, Williams, Moore, Newhouse and Vognild

Read first time 2/1/85 and referred to Committee on Commerce and Labor.

AN ACT Relating to the sale of kosher food; adding a new chapter to Title 69 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.     This chapter shall be known as the sale of kosher food products act of 1985.

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

          (1) "Food product" includes any article other than drugs, whether in raw or prepared form, liquid or solid, or packaged or unpackaged, and which is used for human consumption.

          (2) "Kosher" means a food product which has been prepared, processed, manufactured, maintained, and sold in accordance with the requisites of traditional Jewish dietary law.

          (3) "Pareve" means a food product which contains no meat, poultry, or dairy products.

          (4) "Kosher for Passover" means a food product which has been prepared, processed, manufactured, maintained, and sold in accordance with the requisites of traditional Jewish dietary law for Passover.

          (5) "Director" means the director of agriculture of the state of Washington and his or her designees.

          (6) "Person" includes individuals, partnerships, corporations, and associations.

NEW SECTION. Sec. 3.     No person may, in the course of business, knowingly sell or expose for sale any food product:

          (1) Represented as "kosher" or "kosher style" when such food product is not kosher;

          (2) Represented as "pareve" or "parve" when such food product is not pareve;

          (3) Represented as "kosher for Passover" when such food product is not kosher for Passover.

          Such a representation can be made in any language, orally or in writing, or by display on the premises of a sign, mark, insignia, or simulation reasonably calculated to induce an individual to believe that the food product is kosher, pareve, or kosher for Passover.

NEW SECTION. Sec. 4.     In addition to the remedies provided in this chapter, the director may apply to the superior court of Thurston county for, and such court shall have jurisdiction upon prompt hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of this chapter, without proof that an adequate remedy at law does not exist.

NEW SECTION. Sec. 5.     Any person who violates any provision of this chapter shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than one thousand dollars.  If a subsequent violation of this chapter is  committed after a conviction of such person under this section has become final, such person shall be subject to imprisonment for not more than ninety days, or a fine of not more than five thousand dollars, or both such imprisonment and fine.

NEW SECTION. Sec. 6.     Sections 1 through 5 of this act shall constitute a new chapter in Title 69 RCW.