HOUSE BILL REPORT

HB 2270

BYRepresentatives 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 REPORTED BY COMMITTEE ON APPROPRIATIONS FEBRUARY 3, 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:

SUBSTITUTE BILL:  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 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 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 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.

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

3.  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.

Recommendations on potential health hazards that may occur when transporting non-bulk foods are to be made by the Departments of Agriculture and Health by January 1, 1991.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The lead agency was changed from DOT to Agriculture and Health.  A study is required.  Provisions apply to vehicles/vessels rather than cargo tanks.  Definitions are provided.  Placarding requirements and violations are different.

CHANGES PROPOSED BY COMMITTEE ON APPROPRIATIONS (SECOND SUBSTITUTE BILL):  The proposed second substitute bill provides for a rehabilitation procedure whereby vehicles or vessels that have been used to haul non-food or non-food compatible substances may be cleaned and certified to haul food or food compatible substances.  The Department of Agriculture is given authority to charge fees for inspection and certification of rehabilitated vehicles.  The scope of the study to be conducted by the Department of Agriculture and the Department of Health is expanded.  The Department of Agriculture and the Department of Health must report to the Legislature on the results of the study by January 1, 1992, instead of January 1, 1991.

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.