H-4610.1 _______________________________________________
SUBSTITUTE HOUSE BILL 2369
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By House Committee on Appropriations (originally sponsored by Representatives Spanel, R. King, Wilson, Basich, H. Sommers, Hochstatter, Morris, Fuhrman, Kremen, Orr, Haugen, Riley, Padden, R. Meyers, G. Cole, Sheldon, Bowman, Rasmussen and R. Johnson)
Read first time 02/07/92.
AN ACT Relating to salmon labeling for human consumption; adding new sections to chapter 69.04 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 69.04 RCW to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 2 through 4 of this act.
(1) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in Title 77 RCW, and includes:
SCIENTIFIC NAME COMMON NAME
Oncorhynchus tshawytscha Chinook salmon
Oncorhynchus kisutch Coho salmon
Oncorhynchus keta Chum salmon
Oncorhynchus gorbuscha Pink salmon
Oncorhynchus nerka Sockeye salmon
Salmo salar (in other than Atlantic salmon
its landlocked form)
(2) "Commercially caught" means salmon harvested by commercial fishers.
NEW SECTION. Sec. 2. A new section is added to chapter 69.04 RCW to read as follows:
No person may label, advertise, or offer for wholesale or retail sale any fresh or frozen salmon food fish or cultured aquatic salmon without identifying the species of salmon by its common name. A person knowingly violating this section is guilty of misbranding under this chapter. A person who receives misleading and erroneous information about the species of salmon and subsequently unknowingly labels, advertises, or offers for wholesale or retail sale salmon that is inaccurately identified shall not be guilty of misbranding.
NEW SECTION. Sec. 3. A new section is added to chapter 69.04 RCW to read as follows:
No person may label, advertise, or offer for wholesale or retail sale any fresh or frozen:
(1) Private sector cultured aquatic salmon without identifying the product as farm raised salmon; or
(2) Commercially caught salmon designated as food fish under Title 75 RCW without identifying the product as commercially caught salmon; or
(3) Private sector cultured aquatic salmon or commercially caught salmon without identifying the product as "domestic" or "imported," and, if caught or grown in Washington, as "Washington-caught" or "Washington-grown."
A person knowingly violating this section is guilty of misbranding under this chapter. A person who receives misleading or erroneous information about whether the salmon is farm raised or commercially caught, whether the salmon is domestic or imported, or whether the salmon is Washington-caught or Washington-grown, and subsequently unknowingly labels, advertises, or offers for wholesale or retail sale salmon that is inaccurately identified shall not be guilty of misbranding.
NEW SECTION. Sec. 4. A new section is added to chapter 69.04 RCW to read as follows:
To promote honesty and fair dealing for consumers, the director, in consultation with the director of the department of fisheries, shall adopt rules:
(1) Fixing and establishing a reasonable definition and standard of identity for salmon for purposes of offering for sale, labeling and advertising salmon; and