CERTIFICATION OF ENROLLMENT

                   ENGROSSED HOUSE BILL 2523

                        53rd Legislature

                      1994 Regular Session

Passed by the House February 9, 1994   Yeas 94   Nays 0 Speaker of the       House of Representatives Passed by the Senate March 2, 1994   Yeas 48   Nays 0

CERTIFICATE I, Marilyn Showalter, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 2523 as passed by the House of Representatives and the Senate on the dates hereon set forth.

President of the Senate

Chief Clerk

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                   State of Washington

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                     ENGROSSED HOUSE BILL 2523

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             Passed Legislature - 1994 Regular Session

State of Washington      53rd Legislature     1994 Regular Session

By Representatives Rayburn, Schoesler, Chappell, Chandler, Foreman, Hansen, R. Meyers and Mastin; by request of Department of Agriculture

Read first time 01/17/94.  Referred to Committee on Agriculture & Rural Development.

Regulating custom slaughtering and custom meat facility licenses.

    AN ACT Relating to violations concerning custom slaughtering and poultry products; amending RCW 16.49.444, 16.49.510, and 16.74.650; and prescribing penalties.

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

    Sec. 1.  RCW 16.49.444 and 1985 c 415 s 12 are each amended to read as follows:

    The director of agriculture may, subsequent to a hearing under chapter 34.05 RCW, deny, suspend, establish conditions of probation for a designated period of time, or revoke any license required under this chapter if it is determined that an applicant has committed any of the following acts:

    (1) Refused, neglected, or failed to comply with the provisions of this chapter, the rules ((and regulations)) adopted hereunder, or any lawful order of the department of agriculture;

    (2) Refused, neglected, or failed to keep and maintain records required by this chapter, or to make the records available when requested under this chapter; or

    (3) Refused the director of agriculture access to any facilities or parts of the facilities subject to this chapter.

    Sec. 2.  RCW 16.49.510 and 1985 c 415 s 6 are each amended to read as follows:

If the director finds that a person has committed a violation of any provision of this chapter or rules adopted under this chapter, the director may impose upon and collect from the violator, a civil penalty not exceeding one thousand dollars per violation per day.  Each violation is a separate and distinct offense.

    The violation of any provision of this chapter ((and/or)) or rules ((and regulations)) adopted hereunder shall constitute a gross misdemeanor.

Both a civil penalty and a criminal penalty may not be imposed for the same violation.

    Sec. 3.  RCW 16.74.650 and 1969 ex.s. c 146 s 61 are each amended to read as follows:

If the director finds that a person has committed a violation of the provisions of this chapter or rules adopted under this chapter, the director may impose upon and collect from the violator a civil penalty not exceeding one thousand dollars per violation per day.  Each violation is a separate and distinct offense.

    Any person violating any provisions of this chapter or any rules ((or regulations)) adopted hereunder shall be ((guilty of a misdemeanor and)) guilty of a gross misdemeanor ((for any second and subsequent violation:  PROVIDED, That any offense committed more than five years after a previous conviction shall be considered a first offense)).

Both a civil penalty and a criminal penalty may not be imposed for the same violation.

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