Z-1157

AN ACT Relating to organic products; amending RCW 15.86.010, 15.86.020, 15.86.030, 15.86.031, 15.86.050, 15.86.060, and 15.86.070; reenacting and amending RCW 42.17.310; and adding new sections to chapter 15.86 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 15.86.010 and 1985 c 247 s 1 are each amended to read as follows:

The legislature recognizes a public benefit in establishing standards for ((~~food~~)) agricultural products marketed and labeled using the term "organic" or a derivative of the term "organic." Such standards shall also facilitate the development of out-of-state markets for Washington food grown by organic methods.

Sec. 2. RCW 15.86.020 and 1989 c 354 s 32 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Director" means the director of the department of agriculture or the director's designee.

(2) "Organic food" means any ((~~food~~)) agricultural product, including meat, dairy, and beverage, that is marketed using the term organic or any derivative of organic, other than the phrase "transition to organic food," in its labeling or advertising.

(3) "Producer" means any person or organization who or which ((~~(a)~~)) grows, raises, or produces ((~~a food~~)) an agricultural product((~~; and (b) sells the food product as, or offers it for sale as, an organic food~~)).

(4) "Vendor" means anyone who sells organic food to the consumer or another vendor.

(5) "Transition to organic food" means any food product that satisfies all of the requirements of organic food except the time requirements and satisfied all of the requirements of RCW 15.86.031.

(6) "Organic certifying agent" means any third-party certification organization that is recognized by the director.

(7) "Handler" means any person engaged in the business of selling, shipping, packaging, or arranging the sale or shipping of agricultural products.

(8) "Person" means any natural person, firm, partnership, exchange, association, trustee, receiver, corporation, and any member, officer, or employee thereof or assignee for the benefit of creditors.

(9) "Department" means the state department of agriculture.

(10) "Represent" means to hold out as or to advertise.

(11) "Sale" means any and every sale and includes: (a) Manufacture, processing, packing, canning, bottling, or any other production, preparation, or putting up; (b) exposure, offer, or any other proffer; (c) holding, storing, or any other possessing; (d) dispensing, giving, delivering, serving, or any other supplying; and (e) applying, administering, or any other using.

Sec. 3. RCW 15.86.030 and 1989 c 354 s 30 are each amended to read as follows:

To be labeled, sold, or represented as an organic food, a product shall be produced with only those materials and practices approved under RCW 15.86.060. A producer or a vendor shall not represent, sell, or offer for sale any food product with the representation that the product is an organic food if the producer or vendor knows, or has reason to know, that the food has been grown, raised, or produced with the use of any ((of the following substances: (1) Fertilizers but excluding manures and other natural fertilizers; (2) any of the following when manufactured by man: Pesticides, hormones, antibiotics, or growth stimulants but excluding Bacillus thuringensis and other natural pesticides; (3) arsenicals; or (4) similar substances)) prohibited materials listed by the director under RCW 15.86.060. ((A)) Organic animal products shall be considered as "grown, raised, or produced" with a substance listed by the director under RCW 15.86.060 if the substance has been applied to the plants, soil, water, or animal, on or in which the organic animal product is being produced during such time frame as specified by the director by rule. Other food products shall be considered as "grown, raised, or produced" with a substance ((~~specified in this section or~~)) listed by the director under RCW 15.86.060 if the substance is applied to the plants, soil, or water, on or in which the food product is being produced at any time ((~~before~~)) from three years before harvest to the final sale to retail purchasers.

Sec. 4. RCW 15.86.031 and 1989 c 354 s 31 are each amended to read as follows:

(1) ((Beginning January 1, 1991, it shall be unlawful to sell or offer for sale as organic food, products that have been grown, raised, or produced if harvest of the food product occurs within two years of the most recent use of any prohibited pesticide, herbicide, or fungicide and two years after the most recent use of a prohibited fertilizer.

~~(2) Beginning January 1, 1992,~~)) Except as provided in section 9 of this act, it shall be unlawful to represent, sell, or offer for sale as organic food, products that have been grown, raised, or produced if harvest of the food product occurs within three years of the most recent use of any prohibited ((~~pesticide, herbicide, or fungicide and two years after the most recent use of a prohibited fertilizer~~)) substance as listed by the director under RCW 15.86.060.

((~~(3) Beginning January 1, 1990,~~)) (2) Food products may be sold as "transition to organic food" if they have had no applications of prohibited substances within one year before harvest of the food crop. ((~~The products must specify first or second-year transition on their labels.~~

~~(4)~~)) (3) No out-of-state products shall be labeled or sold as organic without having first received an organic certification ((~~in the state of origin~~)) from an organic certifying agent meeting all requirements established under this chapter.

Sec. 5. RCW 15.86.050 and 1985 c 247 s 5 are each amended to read as follows:

(1) A producer shall not sell to a vendor any food product which the producer represents as an organic food unless before the sale the producer provides the vendor with a sworn statement that the producer has grown, raised, or produced the product in conformance with ((~~RCW 15.86.030~~)) this chapter.

(2) A handler shall not sell, or arrange a sale, to another handler any food product that the handler represents as an organic food unless, before the sale, the handler provides an organic food certificate to the other handler.

NEW SECTION. Sec. 6. LABELING OF ORGANIC FOOD PRODUCTS. Organic food products handled, processed, sold, offered for sale, advertised, or represented shall be labeled as organic on all invoices, boxes, bins, and other packaging and documentation associated with the product. All organic food products handled in the state shall have recordkeeping sufficient to track the product to the farm where the food was grown, raised, or produced.

Sec. 7. RCW 15.86.060 and 1985 c 247 s 6 are each amended to read as follows:

(1) The director shall adopt such rules and regulations, in conformity with chapter 34.05 RCW, as the director believes are appropriate for the proper administration of this chapter.

(2) ((Whenever the director believes it appropriate to protect the interest of consumers of organic foods, the director shall add to the list of substances that may not be included in organic foods under this chapter.)) The director shall establish a list of approved substances that may be used in the production, processing, and handling of organic food. This list shall:

(a) Approve the use of natural substances except for specific natural substances that may not be used in the production and handling of agricultural products labeled as organic because these substances would be harmful to human health or the environment and are inconsistent with organic farming principles;

(b) Prohibit the use of synthetic substances except for specific synthetic substances that may be used in the production and handling of agricultural products labeled as organic because these substances:

(i) Would not be harmful to human health or the environment;

(ii) Are necessary to the production or handling of the agricultural products;

(iii) Are consistent with organic farming principles; and

(iv) Are used in the production of agricultural products and contain active synthetic ingredients in the following categories: Copper and sulfur compounds; toxins derived from bacteria; pheromones; soaps; horticultural oils; vitamins and minerals; livestock parasiticides and medicines; and production aids including netting, tree wraps and seals, insect traps, sticky barriers, row covers, and equipment cleansers; or

(v) Are used in production and contain synthetic inerts.

(3) The director shall issue orders to producers or vendors whom ((it)) he or she finds are violating any provision of this chapter, or rules or regulations adopted under this chapter, to cease their violations and desist from future violations. Whenever the director finds that a producer, handler, or vendor has committed a violation, the director shall impose on and collect from the violator a civil fine not exceeding the total of the following amounts: (a) The state's estimated costs of investigating and taking appropriate administrative and enforcement actions in respect to the violation; and (b) one thousand dollars.

(4) The director may deny, suspend, or revoke a certification provided for in this chapter if he or she determines that an applicant or certified person has violated this chapter or rules adopted under it.

NEW SECTION. Sec. 8. MANDATORY CERTIFICATION AND REGISTRATION. (1) It is unlawful for any person to sell, offer for sale, or handle any agricultural product within this state with an organic label unless that person is certified by the department or an official organic certifying agent.

(2) Subsection (1) of this section shall not apply to (a) final retailers of organic food that do not process organic food products and (b) individuals who sell no more than five thousand dollars annually in value of agricultural products.

NEW SECTION. Sec. 9. TOLERANCE LEVELS FOR ORGANIC FOOD. An agricultural product that is being grown, raised, or produced under the provisions of this chapter may not be labeled, sold, or represented as organic if during the course of the crop year it is subjected to drift of materials not on the approved substances list as established by the director under RCW 15.86.060.

An agricultural product that is being grown, raised, or produced under the provisions of this chapter and is subjected to drift of prohibited materials may be labeled or sold as organic in the subsequent crop year as long as the tolerance levels of prohibited materials do not exceed the levels stated in subsection (2) of this section.

(2) An agricultural product that is being grown, raised, or produced under the provisions of this chapter and contains residues of materials not on the approved substances list established by the director under RCW 15.86.060 in excess of five percent of the environmental protection agency tolerance level or, where there is no tolerance level, five percent of the food and drug administration action level may not be labeled, sold, or represented as organic.

Sec. 10. RCW 15.86.070 and 1989 c 354 s 34 are each amended to read as follows:

The director may adopt rules establishing a certification program for producers ((~~and~~)), processors, and handlers of organic or transition to organic food. The rules may govern, but are not limited to governing: The number and scheduling of on-site visits, both announced and unannounced, by certification personnel; recordkeeping requirements; and the submission of product samples for chemical analysis. The rules shall include a fee schedule that will provide for the recovery of the full cost of the inspection program. Fees collected under this section shall be deposited in an account within the agricultural local fund and the revenue from such fees shall be used solely for carrying out the provisions of this section, and no appropriation is required for disbursement from the fund. The director may employ such personnel as are necessary to carry out the provisions of this section.

NEW SECTION. Sec. 11. The department shall keep confidential all financial and valuable trade information provided under this chapter and such information shall be exempt from public inspection and copying under chapter 42.17 RCW.

Sec. 12. RCW 42.17.310 and 1991 c 301 s 13, 1991 c 87 s 13, 1991 c 23 s 10, and 1991 c 1 s 1 are each reenacted and amended to read as follows:

(1) The following are exempt from public inspection and copying:

(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.

(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.

(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.

(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.

(e) Information revealing the identity of persons who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time the complaint is filed the complainant indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.

(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.

(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.

(h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.

(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.

(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.

(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.

(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.

(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (a) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (b) highway construction or improvement as required by RCW 47.28.070.

(n) Railroad company contracts filed with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.

(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW.

(p) Financial disclosures filed by private vocational schools under chapter 28C.10 RCW.

(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.

(r) Financial and commercial information and records supplied by businesses during application for loans or program services provided by chapter 43.163 RCW and chapters 43.31, 43.63A, and 43.168 RCW.

(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.

(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.

(u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.

(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers.

(w) Information obtained by the board of pharmacy as provided in RCW 69.45.090.

(x) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.

(y) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.

(z) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.

(aa) Financial and valuable trade information under RCW 51.36.120.

(bb) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or a rape crisis center as defined in RCW 70.125.030.

(cc) Financial and valuable trade information under section 11 of this act.

(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.

(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.

(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.

NEW SECTION. Sec. 13. CAPTIONS NOT LAW. Captions as used in sections 6, 8, 9, 11, and 13 of this act do not constitute part of the law.

NEW SECTION. Sec. 14. Sections 6, 8, 9, 11, and 13 of this act are each added to chapter 15.86 RCW.