S-0796.1                   _______________________________________________

                                                     SENATE BILL 5260

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senators Spanel, Owen, Oke, Haugen, Hargrove and Snyder

Read first time 01/20/93.  Referred to Committee on Natural Resources.

Requiring salmon food fish to be labeled by its source and common name.

          AN ACT Relating to salmon labeling for human consumption; adding new sections to chapter 69.04 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  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 2 through 4 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

Oncorhynchus kisutch                                 Coho 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. 2.  A new section is added to chapter 69.04 RCW to read as follows:

          No person may label, advertise, or offer for wholesale or retail sale any fresh or frozen salmon food fish or cultured aquatic salmon without identifying 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 unknowingly labels, advertises, or offers for wholesale or retail sale salmon that is inaccurately identified shall not be guilty of misbranding.

NEW SECTION. Sec. 3.  A new section is added to chapter 69.04 RCW to read as follows:

          No person may label, advertise, or offer for wholesale or retail sale any fresh or frozen:

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

          (2) Commercially caught salmon designated as food fish under Title 75 RCW without identifying the product as commercially caught salmon; or

          (3) Private sector cultured aquatic salmon or commercially caught salmon without identifying the product as "domestic" or "imported," and, if caught or grown in Washington, as "Washington-caught" or "Washington-grown."

          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, whether the salmon is domestic or imported, or whether the salmon is Washington-caught or Washington-grown, and subsequently unknowingly labels, advertises, or offers for wholesale or retail sale salmon that is inaccurately identified shall not be guilty of misbranding.

NEW SECTION. Sec. 4.  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 offering for sale, labeling and advertising salmon; and

          (2) Enforcing sections 2 and 3 of this act.

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