5260.E AMH PW H2291.3

5260.E AMH FW H2291.3

ESB 5260 - H COMM AMD LOST 4-6-93

By Committee on Fisheries & Wildlife

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that salmon consumers in Washington benefit from knowing the species and origin of the salmon they purchase. The accurate identification of such species, as well as knowledge of the country or state of origin and of whether they were caught commercially or were farm raised, is important to consumers.

NEW SECTION. Sec. 2. 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 3 through 5 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 or king salmon

Oncorhynchus kisutch Coho salmon or silver 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. 3. A new section is added to chapter 69.04 RCW to read as follows:

With the exception of a commercial fisher engaged in sales of fish to a fish buyer, no person may sell any fresh or frozen salmon food fish or cultured aquatic salmon without labeling 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 labels or offers for wholesale or retail sale salmon that is inaccurately identified shall not be guilty of misbranding. This section shall not apply to salmon that is minced, pulverized, coated with batter, or breaded.

NEW SECTION. Sec. 4. A new section is added to chapter 69.04 RCW to read as follows:

With the exception of a commercial fisher engaged in sales of fish to a fish buyer, no person may sell any fresh or frozen:

(1) Private sector cultured aquatic salmon without labeling the product as farm raised salmon; or

(2) Commercially caught salmon designated as food fish under Title 75 RCW without labeling the product as commercially caught salmon.

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, and subsequently labels or offers for wholesale or retail sale salmon that is inaccurately identified shall not be guilty of misbranding. This section shall not apply to salmon that is minced, pulverized, coated with batter, or breaded.

NEW SECTION. Sec. 5. 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 selling and labeling salmon;

(2) Defining necessary documentation for purposes of enforcement; and

(3) Enforcing sections 3 and 4 of this act."

EFFECT: Adds a legislative findings section. Adds additional common names for chinook and coho salmon. Exempts commercial fishers engaged in sales of fish to a fish buyer from the salmon labeling requirements of the bill. Removes advertising from the identification requirements. Exempts minced, pulverized, batter-coated, and breaded salmon from the requirements of the act. Removes the requirement that the origin of the fish be identified. Adds to the rule-making responsibility of the department of agriculture the requirement to define necessary documentation for purposes of enforcement.