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 or packaging, or both, 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.
