H-4616

AN ACT Relating to misbranding and adulteration; and amending RCW 16.49A.600 and 16.74.570.

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

Sec. 1. RCW 16.49A.600 and 1971 ex.s. c 108 s 3 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, the provisions of this chapter ((~~including licensing and those requiring inspection of the slaughter of meat food animals and the preparation of carcasses or parts thereof, meat or meat food products~~)) shall not apply to operations of the types traditionally and usually conducted by a retail meat dealer at retail stores and restaurants, when conducted at any retail store or restaurant or similar type establishment for sale in normal retail quantities or service of such articles to ultimate consumers at such establishment. Normal retail quantities or service of such articles to consumers shall be as defined in ((~~regulations~~)) rules adopted under the provisions of this chapter.

(2) The adulteration and misbranding provisions of this chapter, other than the requirement of the inspection legend, shall apply to operations that are exempted under this section.

Sec. 2. RCW 16.74.570 and 1969 ex.s. c 146 s 65 are each amended to read as follows:

(1) The director shall, by ((~~regulation~~)) rule and under such conditions as to sanitary standards, practices, and procedures as he or she may prescribe, exempt from specific provisions of this chapter‑- (a) ((retail dealers with respect to poultry products sold directly to consumers in individual retail stores, if the only processing operation performed by such retail dealers is the cutting up and/or packaging of poultry products on the premises where such sales to consumers are made;

~~(b)~~)) for such period of time as the director determines that it would be impracticable to provide inspection and the exemption will aid in the effective administration of this chapter, any person engaged in the processing of poultry or poultry products for intrastate commerce and the poultry or poultry products processed by such person: PROVIDED, That no such exemption shall continue in effect on and after February 18, 1970; and

((~~(c)~~)) (b) persons slaughtering, processing, or otherwise handling poultry or poultry products which have been or are to be processed as required by recognized religious dietary laws, to the extent that the director determines necessary to avoid conflict with such requirements while still effectuating the purposes of this chapter.

(2)(a) The director shall, by ((~~regulation~~)) rule and under such conditions, including sanitary standards, practices, and procedures, as he or she may prescribe, exempt from specific provisions of this chapter‑-

(i) the slaughtering by any person of poultry of his or her own raising, and the processing by him or her and transportation of the poultry products exclusively for use by him or her and members of his or her household and his or her nonpaying guests and employees; and

(ii) the custom slaughter by any person of poultry delivered by the owner thereof for such slaughter, and the processing by such slaughterer and transportation of the poultry products exclusively for use, in the household of such owner, by him or her and members of his or her household and his or her nonpaying guests and employees: PROVIDED, That the director may ((~~promulgate~~)) adopt such rules ((~~and regulations~~)) as are necessary to prevent the commingling of inspected and uninspected poultry and poultry products.

(b) In addition to the specific exemptions provided herein, the director shall, when he or she determines that the protection of consumers from adulterated or misbranded poultry products will not be impaired by such action, provide by ((~~regulation~~)) rule, consistent with ((~~paragraph~~)) (c) of this subsection, for the exemption of the operations of poultry producers not exempted under ((~~paragraph~~)) (a) of this subsection, which are engaged in slaughtering and/or cutting up poultry for distribution as carcasses or parts thereof, from such provisions of this chapter as he or she deems appropriate, while still protecting the public from adulterated or misbranded products, under such conditions, including sanitary requirements, as he or she shall prescribe to effectuate the purposes of this chapter.

(c) The provisions of this chapter shall not apply to poultry producers with respect to poultry of their own raising on their own farms if‑-

(i) such producers slaughter not more than two hundred fifty turkeys, or not more than an equivalent number of birds of all species during the calendar year for which this exemption is being determined (four birds of other species being deemed the equivalent of one turkey);

(ii) such poultry producers do not engage in buying or selling poultry products other than those produced from poultry raised on their own farms.

(3) The director shall, by rule and under such conditions as to sanitary standards, practices, and procedures as he or she may prescribe, exempt from specific provisions of this chapter retail dealers with respect to poultry products sold directly to consumers in individual retail stores, if the only processing operation performed by such retail dealers is the cutting up and/or packaging of poultry products on the premises where such sales to consumers are made.

(4) The adulteration and misbranding provisions of this chapter, other than the requirement of the inspection legend, shall apply to articles and operations which are exempted ((~~from inspection~~)) under this section, except as otherwise specified under subsections (1) and (2) of this section.

((~~(4)~~)) (5) The director may by order suspend or terminate any exemption under this section with respect to any person whenever he or she finds that such action will aid in effectuating the purposes of this chapter.