HOUSE BILL REPORT

HB 2784

BYRepresentatives Spanel, S. Wilson, R. King, Bowman, Basich, Smith, Vekich and Cole

Regulating labeling of salmon.

House Committe on Fisheries & Wildlife

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (11)

      Signed by Representatives R. King, Chair; Morris, Vice Chair; S. Wilson, Ranking Republican Member; Basich, Bowman, Brooks, Cole, Haugen, Smith, Spanel and Vekich.

House Staff:Pamela Madson (786-7310)

AS REPORTED BY COMMITTEE ON FISHERIES & WILDLIFE

FEBRUARY 1, 1990

BACKGROUND:

Consumers in Washington State are protected from mislabeled foods sold within the state under both state and federal law.  Under state law, false or misleading labels are generally defined as misbranding.  Some food items, such as halibut and poultry, have provisions that specifically describe certain acts that constitute misbranding.

The Department of Agriculture is the state agency primarily responsible for implementation of provisions prohibiting misbranding.  The department may issue an embargo of the food product involved or may seek an injunction through the attorney general, restraining a person from violating misbranding provisions.  Criminal penalties may also be sought against a violator resulting in a fine of up to $200. After conviction and upon another violation, a violator may also be subject to a maximum of 30 days in jail.

SUMMARY:

SUBSTITUTE BILL:  Fresh or frozen salmon that is offered for retail sale must be labeled showing the common name of the salmon species, whether it is farm raised salmon or commercially caught salmon, and whether it is domestic or imported salmon.

Violations of these provisions constitute misbranding.

The Department of Agriculture, in consultation with the Department of Fisheries, must establish reasonable identification standards for salmon and develop a method to administratively enforce provisions of the bill.  Both departments must report to the Legislature by October 31, 1990, on other appropriate labeling requirements or refinements of labeling requirements for fresh or frozen salmon.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The term "retail" is added to clarify that the labeling provisions apply to the retail sale of fresh or frozen salmon. Aquaculture products are to be labeled "farm raised" rather than "net pen-reared."  "Domestic" or "imported" are required designations added to the consumer label of fresh or frozen salmon. Both Departments of Agriculture and Fisheries must report to the Legislature on additional appropriate labeling designations or refinements of fresh or frozen salmon.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Steve Arbaugh, Puget Sound Gillnetters Association; John Daly, Department of Agriculture; Dan Swecker, Washington Fish Growers Association; and Loren Stern, Department of Fisheries.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    Any labeling that helps the consumer make choices is appropriate. It also assists in educating the consumer with regard to the fish industry and the species of fish sold.  The seafood buyer helps encourage the quality handling of fish by giving a higher price to the fisher for fish that are properly handled.  There have been circumstances where salmon is labeled "silver brights" when, in fact, the product is chum salmon.  The term "silver bright" does not identify the species.  Concern was expressed that the term "net pen-reared" did not include those salmon raised in land-based tanks or ponds by aquatic farmers.  "Farm raised" was a more comprehensive term.

House Committee - Testimony Against:      None.