AN ACT
Relating to milk producers and distributors and food processors; amending RCW
69.07.040, 69.07.050, and 69.07.120; and adding new sections to chapter 15.36
RCW.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A new
section is added to chapter 15.36 RCW to read as follows:
There
is levied on all milk processed in this state an assessment not to exceed
one-half of one cent per hundredweight. The director shall determine, by rule,
an assessment, that with contribution from the general fund, will support an
inspection program to maintain compliance with the provisions of the
pasteurized milk ordinance of the national conference on interstate milk
shipment. All assessments shall be levied on the operator of the first milk
plant receiving the milk for processing. This shall include milk plants that
produce their own milk for processing and milk plants that receive milk from
other sources. All moneys collected under this section shall be paid to the
director by the twentieth day of the succeeding month for the previous month's
assessments. The director shall deposit the funds into the dairy inspection
account hereby created within the agricultural local fund established in RCW
43.23.230. The funds shall be used only to provide inspection services to the
dairy industry. If the operator of a milk plant fails to remit any
assessments, that sum shall be a lien on any property owned by him or her, and
shall be reported by the director and collected in the manner and with the same
priority over other creditors as prescribed for the collection of delinquent
taxes under chapters 84.60 and 84.64 RCW.
This
section shall take effect July 1, 1992, and shall expire June 30, 1994.
NEW
SECTION. Sec. 2. A new
section is added to chapter 15.36 RCW to read as follows:
(1)
There is created a dairy inspection program advisory committee. The committee
shall consist of nine members. The committee shall be appointed by the director
from names submitted by dairy producer organizations or from handlers of milk
products. The committee shall consist of four members who are producers of
milk or their representatives, and four members who are handlers or their
representatives, and one member who must be a producer-handler.
(2)
The purpose of this advisory committee is to assist the director by providing
recommendations regarding the dairy inspection program, that are consistent
with the pasteurized milk ordinance. The advisory committee shall (a) review
and evaluate the program including the efficiency of the administration of the
program, the adequacy of the level of inspection staff, the ratio of inspectors
to number of dairy farm inspections per year, and the ratio of inspectors to
management employees; and (b) consider alternatives to the state program, which
may include privatization of various elements of the inspection program.
(3)
The committee shall meet as necessary to complete its work. Meetings of the
committee are subject to the open public meetings act.
(4)
Not later than October 15, 1992, the advisory committee shall issue a
preliminary report of its findings to the dairy industry. The committee shall
solicit comments from the dairy industry which shall be reflected in the
committee's final report.
(5)
Not later than December 1, 1992, the advisory committee shall report to the
agricultural committees of the house of representatives and senate its
recommendations for long-term structure and funding of the dairy inspection
program.
Sec.
3. RCW
69.07.040 and 1991 c 137 s 3 are each amended to read as follows:
It
shall be unlawful for any person to operate a food processing plant or process
foods in the state without first having obtained an annual license from
the department, which shall expire on a date set by rule by the director.
License fees shall be prorated where necessary to accommodate staggering of
expiration dates. Application for a license shall be on a form prescribed by
the director and accompanied by ((a twenty-five dollar annual)) the
license fee. The license fee is determined by computing the gross annual
sales for the accounting year immediately preceding the license year. If the
license is for a new operator, the license fee shall be based on an estimated
gross annual sales for the initial license period.
If
gross annual sales are: The license fee is:
$0
to $50,000 $50.00
$50,001
to $500,000 $100.00
$500,001
to $1,000,000 $200.00
$1,000,001
to $5,000,000 $350.00
$5,000,001
to $10,000,000 $500.00
Greater
than $10,000,000 $750.00
Such
application shall include the full name of the applicant for the license and
the location of the food processing plant he or she intends to operate.
If such applicant is an individual, receiver, trustee, firm, partnership,
association or corporation, the full name of each member of the firm or
partnership, or names of the officers of the association or corporation shall
be given on the application. Such application shall further state the
principal business address of the applicant in the state and elsewhere and the
name of a person domiciled in this state authorized to receive and accept
service of summons of legal notices of all kinds for the applicant. The
application shall also specify the type of food to be processed and the method
or nature of processing operation or preservation of that food and any other
necessary information. Upon the approval of the application by the director
and compliance with the provisions of this chapter, including the applicable
regulations adopted hereunder by the department, the applicant shall be issued
a license or renewal thereof.
Licenses
shall be issued to cover only those products, processes, and operations specified
in the license application and approved for licensing. Wherever a license
holder wishes to engage in processing a type of food product that is different
than the type specified on the application supporting the licensee's existing
license and processing that type of food product would require a major addition
to or modification of the licensee's processing facilities or has a high
potential for harm, the licensee shall submit an amendment to the current
license application. In such a case, the licensee may engage in processing the
new type of food product only after the amendment has been approved by the
department.
If
upon investigation by the director, it is determined that a person is
processing food for retail sale and is not under permit, license, or inspection
by a local health authority, then that person may be considered a food
processor and subject to the provisions of this chapter.
Sec.
4. RCW
69.07.050 and 1991 c 137 s 4 are each amended to read as follows:
If the
application for renewal of any license provided for under this chapter is not
filed prior to the expiration date as established by rule by the director, an
additional fee of ((fifteen dollars)) ten percent of the cost of the
license shall be assessed and added to the original fee and shall be paid
by the applicant before the renewal license shall be issued: PROVIDED, That
such additional fee shall not be charged if the applicant furnishes an
affidavit certifying that he or she has not operated a food processing plant or
processed foods subsequent to the expiration of his or her license.
Sec.
5. RCW
69.07.120 and 1967 ex.s. c 121 s 12 are each amended to read as follows:
All
moneys received by the department under the provisions of this chapter shall be
paid into the ((state treasury)) food processing inspection account
hereby created within the agricultural local fund established in RCW 43.23.230
and shall be used solely to carry out the provisions of this chapter and
chapter 69.04 RCW.
