SENATE BILL REPORT

ESB 6164

BYSenators Newhouse, Talmadge, Warnke, Benitz, Bauer, Rasmussen, Conner, Barr, Moore, Sutherland, Hansen and Kreidler

Revising provisions for the transportation of food products.

Senate Committee on Health & Long-Term Care

Senate Hearing Date(s):January 10, 1990; January 16, 1990

Majority Report:  Do pass.

      Signed by Senators West, Chairman; Smith, Vice Chairman; Amondson, Johnson, Kreidler, Niemi, Wojahn.

Senate Staff:Scott Plack (786-7409)

                  March 2, 1990

House Committe on Agriculture & Rural Development

AS PASSED SENATE, JANUARY 31, 1990

BACKGROUND:

Current state law does not specifically prohibit or regulate the practice of transporting bulk food products in the same truck tank, railway hopper car, air freight container or shipping vessel which previously transported other substances that could contaminate the food.  Recent reports have indicated that this practice occurs and concerns have been raised about public health consequences of such practices.

SUMMARY:

The state's Food, Drug and Cosmetic Act (Chapter 69.04 RCW) is amended to prohibit the intrastate transport of food products in a manner that contaminates or renders the product unwholesome or injurious to human or animal health.  The Director of Agriculture is required to promulgate rules as deemed appropriate to assure foods are transported in a manner that maintains the food in an uncontaminated condition.

The director, in consultation with the Secretary of Health, and the directors of Ecology and the Utilities and Transportation Commission, is required to promulgate rules concerning the isolation in transport of hazardous waste, solid waste, and other commodities that pose a danger to human health from bulk or prepackaged food, drugs and cosmetics.  Rules shall establish prohibitions, standards for transport and decontamination procedures.  Transport containers are required to be marked if such containers have been used to transport hazardous wastes, solid wastes and other commodities harmful to human health.  The markers shall include information about the date of last transport and date and location of decontamination.

The administrative and legal remedies granted to the department are extended to cover contamination as a result of transport of food products.  The department is granted an additional ten days to petition the superior court for an order affirming an embargo for violation of the act.  Carriers involved in intrastate food transport are required to permit the director to examine shipping records and such records may be used to determine violations of the act.  Some of the existing criminal penalties are repealed or modified and new civil penalties are granted for violations of the act.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: John Daly, WSDA (pro); Eric Slagle, Department of Health (pro); Bill Fritz, Washington Food Processors Council (pro); Pat Halstead, B.N. Railroad (pro)

HOUSE AMENDMENTS:

Transportation of Food.  The Uniform Food, Drug, and Cosmetic Act is amended.  New rules are established by statute regarding the transportation of food in intrastate commerce.  The "food" governed by these rules is the following in bulk form only: food for human consumption, components of food, and food-grade substances.  The rules apply to transporting such food as cargo in a commercial motor vehicle, motor truck, trailer, or vessel with a gross weight of more than 10,000 pounds.

Food may not be transported in bulk in the cargo carrying portion of a vehicle or vessel that has been used to transport nonfood in bulk as cargo unless:

(1) The nonfood is on a list of food compatible substances adopted jointly by the Director of Agriculture and the Secretary of Health, the vehicle or vessel has been cleaned as required by rules of the director and the secretary, and a certificate regarding that cleaning accompanies the vehicle or vessel when the food is transported or, for railroad cars, is available as required by rule; or

(2) The vehicle or vessel has been rehabilitated as required by rules of the director and the secretary, has been inspected by the Department of Agriculture, and a certificate of rehabilitation and inspection is maintained for the life of the vehicle.  The department may charge reasonable fees regarding these inspections.

Food may not be transported in bulk as cargo in a vehicle or vessel unless the vehicle or vessel is marked "Food or Food Compatible Only" in conformance with rules of the director and the secretary.  Only food or food compatible substances may be transported in bulk as cargo in a vehicle or vessel so marked.

Exempted from these new rules is the transportation of a raw agricultural commodity from the point of its production to the facility at which it is first processed or packaged.

Banned Substances.  The director and the secretary must jointly adopt rules identifying substances which, if transported in bulk as cargo, render the transporting vehicle or vessel permanently unsuitable for use in transporting food in bulk form.  No vehicle or vessel which has transported such a substance in bulk qualifies for rehabilitation for use in transporting food in bulk form.

Penalties.  Civil penalties are established for knowing violations of these requirements or for knowingly causing food to be transported in violation of these requirements.  For a person's first violation, the person is subject to a penalty of up to $5,000, as determined by the director.  For a person's second violation in a five-year period, the person is subject to a penalty of up to $10,000.

Study.  The director and the secretary must examine the potential hazards to the public health posed by the transportation of food in other than bulk form.  They must report their findings and recommendations to the Legislature by January 1, 1992.  The director and the secretary must establish an advisory committee to advise them regarding this examination and must jointly appoint to the committee at least nine persons from various sectors of the food industry.