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 or arranges the sale of
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 by rule as being one which
imposes, for certification, standards consistent with this chapter.
(7)
"Processor" means any person engaged in the canning, freezing,
drying, dehydrating, cooking, pressing, powdering, packaging, baking, heating,
mixing, grinding, churning, separating, extracting, cutting, fermenting,
eviscerating, preserving, jarring, or otherwise processing organic food.
(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 selling, offering for sale, holding for sale, preparing
for sale, trading, bartering, offering a gift as an inducement for sale of, and
advertising for sale in any media.
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, processor, 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, processor, or vendor knows, or in the
case of a producer or processor 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:
A
producer shall not sell to a vendor or processor any food product which
the producer represents as an organic food unless before the sale the producer
provides the vendor or processor with an organic food certificate or
a sworn statement that the producer has grown, raised, or produced the product
in conformance with ((RCW 15.86.030)) this chapter.
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 sold or processed 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 inert ingredients.
(3)
The director shall issue orders to producers, processors, 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, processor, 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 process any agricultural product within this state with an organic
label unless that person is certified under this chapter 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 or (b) producers who
sell no more than five thousand dollars annually in value of agricultural
products directly to consumers.
NEW
SECTION. Sec. 9. TOLERANCE
LEVELS FOR ORGANIC FOOD. (1) 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 United States environmental protection agency
tolerance level or, where there is no tolerance level, five percent of the
United States 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 vendors 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)) organic food
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. (1)
Except as provided in subsection (2) of this section, the department shall keep
confidential any business related information obtained under this chapter
concerning an entity certified under this chapter or an applicant for such
certification and such information shall be exempt from public inspection and
copying under chapter 42.17 RCW.
(2)
Applications for certification under this chapter and laboratory analyses pertaining
to that certification shall be available for public inspection and copying.
Sec.
12. RCW
42.17.310 and 1991 c 301 s 13, 1991 c 87 s 13, and 1991 c 23 s 10 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)
Business related information protected from public inspection and copying 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, 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.
