HOUSE BILL REPORT

2SHB 2270

BYHouse Committee on Appropriations (originally sponsored by Representatives Heavey, Ballard, Phillips, Rayburn, Walker, Rasmussen, H. Myers, Todd, Crane, Jacobsen, Wolfe, Ferguson, Day, D. Sommers, Nealey, Doty, Rector, Haugen, Brumsickle, Spanel, Cooper, Silver, K. Wilson and P. King) 

Regulating transport of food items.

House Committe on Transportation

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (25)

      Signed by Representatives R. Fisher, Chair; Baugher, Vice Chair, Eastern Washington; R. Meyers, Vice Chair, Western Washington; Schmidt, Ranking Republican Member; Basich, Bennett, Betrozoff, Cantwell, Cooper, Day, G. Fisher, Forner, Gallagher, Hankins, Heavey, Jones, Kremen, Nelson, Prentice, Smith, D. Sommers, Todd, Walker, S. Wilson and Zellinsky.

House Staff:Mary McLaughlin (786-7309)

Rereferred House Committee on Appropriations

Majority Report:  The second substitute bill be substituted therefor and the second substitute bill do pass.  (25)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Appelwick, Belcher, Bowman, Braddock, Brekke, Dorn, Doty, Ebersole, Hine, Inslee, May, McLean, Nealey, Padden, Peery, Rust, Spanel, Sprenkle, Valle, Wang and Wineberry.

House Staff:Karl Herzog (786-7271)

AS PASSED HOUSE FEBRUARY 9, 1990

BACKGROUND:

It has recently been brought to the attention of the public that some motor carriers are alternating loads of chemicals and bulk edible liquid foods in the same cargo tanks.  There have been incidents in this state where fruit juices have been transported in the same tanker used to haul phosphoric acid, formaldehyde, sodium sulfide, and an asphalt emulsion containing ammonia.

There is no federal or state law that forbids trucking companies from hauling chemicals and edible liquids in the same tanker. However, under the state's Food, Drug and Cosmetic Act a shipment coming into or leaving the state may be embargoed by the Department of Agriculture if the department can provide initial evidence that adulteration or contamination has occurred.

SUMMARY:

The transportation of food in bulk form in a commercial vehicle or vessel with a gross weight of 10,000 pounds or more in intrastate commerce is prohibited unless the vehicle has the permanent marking "Food Only."  A commercial vehicle or vessel includes motor vehicles, trucks, trailers, railroad cars, and vessels.

Food is defined as (1) a food or drink for human consumption or (2) a food grade substance that is used (a) as an additive, in sanitizing, or in processing food or drink for human consumption, or (b) to clean or lubricate the cargo unit, during which maintenance the substance is expected to come in contact with food or drink for human consumption.

The prohibition does not apply if (1) the cargo is a substance on the food compatible list approved by the Departments of Agriculture and Health, (2) the vehicle/vessel has been properly cleaned, and (3) the vehicle/vessel bears the permanent marking "Food Compatible," and (4) a certificate accompanies the vehicle.

The departments will develop procedures to rehabilitate a vehicle or vessel that is used to transport a substance that is not on the food compatible or health hazard list when that vehicle or vessel seeks to convert to food or food compatible status.  The procedures ensure that transporting food in the cargo carrying portion of the vehicle or vessel after its rehabilitation will not pose a health hazard.  A vehicle that has transported a substance on the health hazard list does not qualify for rehabilitation.

A vehicle or vessel can be converted if (1) it is rehabilitated according to the procedures established by the departments of Agriculture and Health; (2) the vehicle or vessel is inspected by the Department of Agriculture, and (3) a certificate certifying that the vehicle has been rehabilitated and inspected accompanies the vehicle or vessel that is signed and dated by the Department of Agriculture.  Certificates are to be maintained by the vehicle owner for the life of the vehicle and are available for inspection.  The Department of Agriculture will provide the forms.

The cost of rehabilitation is borne by the vehicle owner.  The Department of Agriculture will determine a reasonable fee based on inspection and administrative costs incurred by the department.

The director of the Department of Agriculture and secretary of the Department of Health will jointly, and in consultation with the Department of Transportation (DOT), Washington State Patrol (WSP), Utilities & Transportation Commission (UTC), and representatives from the vehicle/vessel industry, food processors, and agricultural commodity organizations, adopt rules for:

1.  A list of substances, other than food, that may be transported in bulk form in the same vehicle/vessel, on separate occasions, that does not pose a health threat to the food.  This determination assumes that some residual portion of the substance will remain in the cargo carrying portion of the vehicle/vessel when food is transported.  A second list is also developed for substances that pose a health hazard if any residue remains in the cargo unit during subsequent use.

2.  The vehicle/vessel cleaning procedures to be used after transporting a substance and prior to transporting food.

3.  The vehicle rehabilitation procedures.

4.  The certificate forms that accompany the vehicle/vessel when transporting food.  The certificate attests, under penalty of perjury, that the vehicle/vessel has been properly cleaned and is dated and signed by the party responsible for the cleaning.  The owner of the vehicle/vessel must maintain the certificates for not less than three years and make the certificates available for inspection.  Certificate forms are provided by the Department of Agriculture.

Only food may be transported in a vehicle/vessel marked "Food Only" and only food or a substance on the list developed jointly by the Departments of Health and Agriculture may be transported in a vehicle/vessel marked "Food Compatible."

A "Food Only" vehicle/vessel can be converted to a "Food Compatible" vehicle/vessel or an unmarked vehicle/vessel if it is never again marked "Food Only."  Likewise, a "Food Compatible" vehicle/vessel can be converted to an unmarked vehicle/vessel as long as it is never again marked "Food Compatible."

Any person who knowingly violates these provisions is subject to a civil penalty determined and imposed by the director of Agriculture:  (1) no more than $5,000 for first violation, and (2) no more than $10,000 for a second or subsequent violation within five years.  The Department of Agriculture will seek the help of the WSP, UTC, and Department of Health when investigating violations.

The departments of Agriculture and Health are to conduct a joint study on the transportation of non-bulk food:  (1) potential hazards posed to the public health when transporting non-bulk foods, (2) the frequency of mixed shipments of packaged food and nonfood items, (3) the manner in which mixed shipments of packaged food and nonfood items are transported, and (4) the incidents of food contamination in Washington in the past five years.  The study is due January 1, 1992, and includes recommendations, if any, for regulating the transportation on non-bulk foods.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (Transportation) Jim Pomerenke, truck driver; Marty Sangster, Washington Trucking Association; John Daly, Washington State Department of Agriculture; Eric Slagle, Washington State Department of Health; John Conrad, Department of Transportation; Bill Fritz, Washington Food Processors; Pat Halstead, Burlington Northern and Union Pacific; and Don Lewis, Utilities & Transportation Commission.

(Appropriations) Marty Sangster, Washington Trucking Association; Pat Halstead, Burlington Northern Railroad, Union Pacific Railroad; John Daly, Department of Agriculture; Bill Fritz, Washington Food Processors Council; and Eric Slagle, Department of Health.

House Committee - Testified Against:      (Transportation)  No one.

(Appropriations)  No one.

House Committee - Testimony For:    (Transportation) Regulation of bulk commodity carriers is necessary for the safety of the public health.

(Appropriations)  A bill that addresses the contamination issue, and in which the public has confidence, is needed.  The railroad and trucking industries are in support of the bill.  The certificating requirements, as written, may pose a logistical problem for the railroads, but the industry is confident that the issue can be resolved.  The Department of Agriculture and Department of Health support the bill.

House Committee - Testimony Against:      (Transportation) None.

(Appropriations)  None.