BP BHEAD INT S

AN ACT Relating to milk and milk products; amending RCW 15.32.010, 15.36.011, 15.36.080, 15.32.110, 15.32.100, 15.32.580, 15.32.590, 15.36.100, 15.36.490, 15.36.500, 15.36.470, 15.36.070, 15.32.160, 15.32.530, 15.36.110, 15.36.090, 15.36.300, 15.36.520, 15.32.610, 15.36.115, 15.36.480, 15.36.107, 15.32.450, 15.35.080, 15.36.120, and 15.36.595; reenacting and amending RCW 35A.69.010; adding new sections to chapter 15.36 RCW; recodifying RCW 15.32.010, 15.36.011, 15.36.080, 15.32.110, 15.32.100, 15.32.580, 15.36.100, 15.36.490, 15.36.500, 15.36.120, 15.32.160, 15.36.150, 15.36.470, 15.36.070, 15.32.530, 15.36.110, 15.36.260, 15.36.265, 15.36.420, 15.36.300, 15.32.410, 15.32.420, 15.32.450, 15.32.460, 15.36.520, 15.36.530, 15.36.115, 15.36.480, 15.32.550, 15.36.595, 15.36.600, 15.32.710, 15.32.720, 15.32.730, 15.36.005, 15.32.900, 15.32.910, 15.36.105, and 15.36.107; repealing RCW 15.32.051, 15.32.060, 15.32.070, 15.32.080, 15.32.090, 15.32.120, 15.32.130, 15.32.140, 15.32.150, 15.32.220, 15.32.250, 15.32.260, 15.32.330, 15.32.340, 15.32.360, 15.32.380, 15.32.430, 15.32.440, 15.32.490, 15.32.500, 15.32.510, 15.32.520, 15.32.540, 15.32.560, 15.32.570, 15.32.582, 15.32.584, 15.32.590, 15.32.600, 15.32.610, 15.32.620, 15.32.630, 15.32.660, 15.32.670, 15.32.680, 15.32.700, 15.32.740, 15.32.750, 15.32.755, 15.32.760, 15.32.770, 15.32.780, 15.32.790, 15.36.020, 15.36.030, 15.36.040, 15.36.055, 15.36.060, 15.36.075, 15.36.090, 15.36.140, 15.36.155, 15.36.160, 15.36.165, 15.36.170, 15.36.175, 15.36.180, 15.36.185, 15.36.190, 15.36.195, 15.36.200, 15.36.205, 15.36.210, 15.36.215, 15.36.220, 15.36.225, 15.36.230, 15.36.235, 15.36.240, 15.36.245, 15.36.250, 15.36.255, 15.36.270, 15.36.280, 15.36.320, 15.36.325, 15.36.330, 15.36.335, 15.36.340, 15.36.345, 15.36.350, 15.36.355, 15.36.360, 15.36.365, 15.36.370, 15.36.375, 15.36.380, 15.36.385, 15.36.390, 15.36.395, 15.36.400, 15.36.405, 15.36.410, 15.36.415, 15.36.425, 15.36.430, 15.36.440, 15.36.460, 15.36.510, 15.36.540, 15.36.550, 15.36.590, and 15.36.900; and prescribing penalties.

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

PART I

DEFINITIONS

NEW SECTION. Sec. 101. This chapter is intended to enact state legislation that safeguards the public health and promotes public welfare by: (1) Protecting the consuming public from milk or milk products that are: (a) Unsafe; (b) produced under unsanitary conditions; (c) do not meet bacterial standards under the PMO; or (d) below The Quality Standards under Title 21 C.F.R. or administrative rules and orders adopted under this chapter; and (2) requiring licensing of all aspects of the dairy production and processing industry.

Sec. 102. RCW 15.32.010 and 1989 c 354 s 1 are each amended to read as follows:

For the purpose of this chapter ((~~15.32 RCW~~)):

((~~"Supervisor" means the supervisor of the dairy and food division;~~

~~"Dairy" means a place where milk from one or more cows or goats is produced for sale;~~

~~"Creamery" means a structure wherein milk or cream is manufactured into butter for sale;~~

~~"Milk plant" means a structure wherein milk is bottled, pasteurized, clarified, or otherwise processed;~~

~~"Cheese factory" means a structure where milk is manufactured into cheese;~~

"Factory of milk products" means a structure, other than a creamery, milk plant, cheese factory, milk condensing plant or ice cream factory, where milk or any of its products is manufactured, changed, or compounded into another article, or where butter is cut or wrapped; except freezing of ice cream from a mix compounded in a licensed creamery, milk plant, cheese factory, milk condensing plant or ice cream factory;

~~"Milk condensing plant" means a structure where milk is condensed or evaporated;~~

"Ice cream factory" means a structure which complies with the sanitary requirements of RCW 15.32.080, where ice cream mix is produced for sale or distribution, and may include freezing such mix into ice cream;

~~"Counter ice cream freezer" means counter type freezing machines usually operated in retail establishments;~~

~~"Sterilized milk" means milk that has been heated under six pounds of steam pressure and maintained thereat for not less than twenty minutes;~~

~~"Modified milk" means milk that has been altered in composition to conform to special nutritional requirements;~~

~~"Milk product" means an article manufactured or compounded from milk, whether or not the milk conforms to the standards and definitions herein;~~

"Milk byproduct" means a product of milk derived or made therefrom after the removal of the milk fat or milk solids in the process of making butter or cheese, and includes skimmed milk, buttermilk, whey, casein, and milk powder;

"Butter" means the product made by gathering the fat of pasteurized milk or cream into a mass containing not less than eighty percent of milk fat, and which also contains a small portion of other milk constituents, with or without harmless coloring matter;

"Renovated butter" means butter that has been reduced to a liquid state by melting and drawing off the liquid or butter oil, and has thereafter been churned or manipulated in connection with milk, cream, or other product of milk;

"Reworked butter" means the product obtained by mixing or rechurning butter made on different dates or at different places: PROVIDED, That the mixing of remnants from one day's churning or cutting with butter from the churning of the same creamery on the next day shall not make the product reworked butter;

"Butter substitute" means a compound of vegetable oils with milk fats or milk solids and all compounds of milk fats or milk solids with butter when the compound contains less than eighty percent of milk fat;

"Oleomargarine" means all manufactured substances, extracts, mixtures, or compounds, including mixtures or compounds with butter, known as oleomargarine, oleo, oleomargarine oil, butterine, lardine, suine, and neutral, and includes all lard and tallow extracts and mixtures and compounds of tallow, beef fat, suet, lard, lard oil, intestinal fat and offal fat made in imitation or semblance of butter or calculated or intended to be sold as butter;

~~"Cheese" means any of the cheeses as described in Title 21 of the code of federal regulations part 133;~~

"Imitation cheese" means any article, substance, or compound, other than that produced from pure milk or from the cream from pure milk, which is made in the semblance of cheese and designed to be sold or used as a substitute for cheese. The use of salt, lactic acid, or pepsin, and harmless coloring matter in cheese shall not render the true product an imitation. Nothing herein shall prevent the use of pure skimmed milk in the manufacture of cheese;

~~"Milk vendor" or "milk dealer" means any person who sells, furnishes or delivers milk, skimmed milk, buttermilk, or cream in any manner.~~))

"Adulterated milk" means milk that is deemed adulterated under appendix L of the PMO.

"Aseptic processing" means the process by which milk or milk products have been subjected to sufficient heat processing and packaged in a hermetically sealed container so as to meet the standards of the PMO.

"Colostrum milk" means milk produced within ten days before or until practically colostrum free after parturition.

"DMO" means supplement I, the recommended sanitation ordinance for grade A condensed and dry milk products and condensed and dry whey, to the PMO published by the United States public health service, food and drug administration.

"Dairy farm" means a place or premises where one or more cows, goats, or other mammals are kept, a part or all of the milk or milk products from which is sold or offered for sale to a milk processing plant, transfer station, or receiving station.

"Dairy technician" means any person who takes samples of milk or cream or fluid derivatives thereof, on which sample tests are to be made as a basis of payment, or who grades, weighs, or measures milk or cream or the fluid derivatives thereof, the grade, weight, or measure to be used as a basis of payment, or who operates equipment wherein milk or products thereof are pasteurized.

"Department" means the state department of agriculture.

"Director" means the director of agriculture of the state of Washington or the director's duly authorized representative.

"Distributor" means a person other than a producer who offers for sale or sells to another, milk or milk products.

"Grade A milk processing plant" means any milk processing plant that meets all of the standards of the PMO to process grade A pasteurized milk or milk products.

"Grade A pasteurized milk" means grade A raw milk that has been pasteurized.

"Grade A raw milk" means raw milk produced upon dairy farms conforming with all of the items of sanitation contained in the PMO, in which the bacterial plate count does not exceed twenty thousand per milliliter and the coliform count does not exceed ten per milliliter as determined in accordance with RCW 15.36.110.

"Grade A raw milk for pasteurization" means raw milk produced upon dairy farms conforming with all of the same items of sanitation contained in the PMO of grade A raw milk, and the bacterial plate count, as delivered from the farm, does not exceed eighty thousand per milliliter as determined in accordance with RCW 15.36.110.

"Grade C milk" is milk that violates any of the requirements for grade A milk but that is not deemed to be adulterated.

"Homogenized" means milk or milk products which have been treated to ensure breakup of the fat globules to an extent consistent with the requirements outlined in the PMO.

"Milk" means the lacteal secretion, practically free of colostrum, obtained by the complete milking of one or more healthy cows, goats, or other mammals.

"Milk hauler" means a person who transports milk or milk products in bulk to or from a milk processing plant, receiving station, or transfer station.

"Milk processing" means the handling, preparing, packaging, or processing of milk in any manner in preparation for sale as food, as defined in chapter 69.04 RCW. Milk processing does not include milking or producing milk on a dairy farm that is shipped to a milk processing plant for further processing.

"Milk processing plant" means a place, premises, or establishment where milk or milk products are collected, handled, processed, stored, bottled, pasteurized, aseptically processed, bottled, or prepared for distribution, except an establishment whose activity is limited to retail sales.

"Milk products" means the product of a milk manufacturing process.

"Misbranded milk" means milk or milk products that carries a grade label unless such grade label has been awarded by the director and not revoked, or that fails to conform in any other respect with the statements on the label.

"Official brucellosis adult vaccinated cattle" means those cattle, officially vaccinated over the age of official calfhood vaccinated cattle, that the director has determined have been commingled with, or kept in close proximity to, cattle identified as brucellosis reactors, and have been vaccinated against brucellosis in a manner and under the conditions prescribed by the director after a hearing and under rules adopted under chapter 34.05 RCW, the administrative procedure act.

"Official laboratory" means a biological, chemical, or physical laboratory that is under the direct supervision of the state or a local regulatory agency.

"Officially designated laboratory" means a commercial laboratory authorized to do official work by the department, or a milk industry laboratory officially designated by the department for the examination of grade A raw milk for pasteurization and commingled milk tank truck samples of raw milk for antibiotic residues and bacterial limits.

"PMO" means the grade "A" pasteurized milk ordinance published by the United States public health service, food and drug administration.

"Pasteurized" means the process of heating every particle of milk or milk product in properly designed and operated equipment to the temperature and time standards specified in the PMO.

"Person" means an individual, partnership, firm, corporation, company, trustee, or association.

"Producer" means a person or organization who operates a dairy farm and provides, sells, or offers milk for sale to a milk processing plant, receiving station, or transfer station.

"Receiving station" means a place, premises, or establishment where raw milk is received, collected, handled, stored, or cooled and prepared for further transporting.

"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.

"Transfer station" means any place, premises, or establishment where milk or milk products are transferred directly from one milk tank truck to another.

"Ultrapasteurized" means the process by which milk or milk products have been thermally processed in accordance with the time and temperature standards of the PMO, so as to produce a product which has an extended shelf life under refrigerated conditions.

"Ungraded processing plant" means a milk processing plant that meets all of the standards of the PMO to produce milk products other than grade A milk or milk products.

"Wash station" means a place, facility, or establishment where milk tanker trucks are cleaned in accordance with the standards of the PMO.

All dairy products mentioned in this chapter mean those fit or used for human consumption.

Sec. 103. RCW 15.36.011 and 1989 c 354 s 13 are each amended to read as follows:

The director of agriculture((,)) may:

(1) Adopt rules necessary to carry out the purposes of chapters 15.36 and 15.38 RCW, however the rules may not restrict the display or promotion of products covered under this section.

(2) By rule, ((~~may~~)) establish ((~~and/or~~)), amend, or both, definitions and standards for milk and milk products. Such definitions and standards established by the director shall conform, insofar as practicable, with the definitions and standards for milk and milk products ((~~promulgated~~)) adopted by the federal food and drug administration. The director of agriculture, by rule, may likewise establish ((~~and/or~~)), amend, or both, definitions and standards for products whether fluid, powdered or frozen, compounded or manufactured to resemble or in semblance or imitation of genuine dairy products as defined under the provisions of ((~~RCW 15.32.120, 15.36.011, 15.36.075, 15.36.540 and 15.36.600 or chapter 15.32 RCW as enacted or hereafter amended~~)) this chapter. Such products made to resemble or in semblance or imitation of genuine dairy products shall conform with all the provisions of chapter 15.38 RCW and be made wholly of nondairy products.

All such products compounded or manufactured to resemble or in semblance or imitation of a genuine dairy product shall set forth on the container or labels the specific generic name of each ingredient used.

In the event any product compounded or manufactured to resemble or in semblance or imitation of a genuine dairy product contains vegetable fat or oil, the generic name of such fat or oil shall be set forth on the label. If a blend or variety of oils is used, the ingredient statement shall contain the term "vegetable oil" in the appropriate place in the ingredient statement, with the qualifying phrase following the ingredient statement, such as "vegetable oils are soybean, cottonseed and coconut oils" or "vegetable oil, may be cottonseed, coconut or soybean oil."

The labels or containers of such products compounded or manufactured to resemble or in semblance or imitation of genuine dairy products shall not use dairy terms or words or designs commonly associated with dairying or genuine dairy products, except as to the extent that such words or terms are necessary to meet legal requirements for labeling((~~: PROVIDED, That~~)). The term "nondairy" may be used as an informative statement.

((The director may adopt any other rules necessary to carry out the purposes of chapters 15.36 and 15.38 RCW: PROVIDED, That these rules shall not restrict the display or promotion of products covered under this section.))

(3) By rule adopt the PMO, DMO, and supplemental documents by reference to establish requirements for grade A pasteurized and grade A raw milk.

(4) Adopt rules establishing standards for grade A pasteurized and grade A raw milk that are more stringent than the PMO based upon current industry or public health information for the enforcement of this chapter whenever he or she determines that any such rules are necessary to carry out the purposes of this section and RCW 15.36.600 as recodified by this act. The adoption of ((~~all rules provided for in this section shall be subject to the provisions of chapter 34.05 RCW as enacted or hereafter amended concerning the adoption of~~)) rules under this chapter, or the holding of a hearing in regard to a license issued or that may be issued under this chapter are subject to the applicable provisions of chapter 34.05 RCW, the administrative procedure act.

(5) By rule, certify an officially designated laboratory to analyze milk for standard of quality, adulteration, contamination, and unwholesomeness.

PART II

PERMITS AND LICENSES

Sec. 201. RCW 15.36.080 and 1989 c 354 s 16 are each amended to read as follows:

It shall be unlawful for any person to transport, or to sell, or offer for sale, or to have in storage where milk or milk products are sold or served, any milk or milk product defined in this chapter, who does not possess an appropriate ((~~permit~~)) license from the director.

((Every milk producer, milk distributor, milk hauler, and operator of a milk plant shall secure a permit to conduct such operation as defined in this chapter. Only a person who complies with the requirements of this chapter shall be entitled to receive and retain such a permit. Permits shall not be transferable with respect to persons and/or locations.

Such a permit may be temporarily suspended by the director upon violation by the holder of any of the terms of this chapter, or for interference with the director in the performance of his duties, or revoked after an opportunity for a hearing by the director upon serious or repeated violations.))

NEW SECTION. Sec. 202. Every milk producer must obtain a milk producer's license to operate as a milk producer as defined in this chapter. A milk producer's license is not transferable with respect to persons or locations or both. The license, issued by the director upon approval of an application for the license and compliance with the provisions of this chapter, shall contain the license number, name, residence, and place of business, if any, of the licensee.

Sec. 203. RCW 15.32.110 and 1991 c 109 s 2 are each amended to read as follows:

((Every creamery, milk plant, shipping station, milk-condensing plant, factory of milk products, and other person who receives or purchases milk or cream in bulk and by weight or measure or upon the basis of milk fat contained therein shall obtain annually a license to do so. The license shall be issued by the director upon payment of ten dollars and his being satisfied that the building or premises where the milk or cream is to be received is maintained in a sanitary condition in accordance with the provisions of this chapter; except, such license shall not be required of persons purchasing milk or cream for their own consumption nor of hotels, restaurants, boarding houses, eating houses, bakeries, or candy manufacturing plants.

The license shall expire annually on a date set by rule by the director, unless sooner revoked by the director, upon reasonable notice to the licensee, for a failure to comply with the provisions of this chapter, and the rules and regulations issued hereunder. License fees shall be prorated where necessary to accommodate staggering of expiration dates of a license or licenses.)) A milk processing plant must obtain an annual milk processing plant license from the department, which shall expire on a date set by rule by the director. A milk processing plant may choose to process (1) grade A milk and milk products, or (2) other milk products that are not classified grade A.

Only one license may be required to process milk; however, milk processing plants must obtain the necessary endorsements from the department in order to process products as defined for each type of milk or milk product processing. License fees shall be prorated if necessary to accommodate staggering of expiration dates. Application for a license shall be on a form prescribed by the director and accompanied by a twenty-five dollar annual license fee. The applicant shall include on the application the full name of the applicant for the license and the location of the milk processing plant he or she intends to operate and any other necessary information. Upon the approval of the application by the director and compliance with the provisions of this chapter, including the applicable rules adopted under this chapter by the department, the applicant shall be issued a license or a renewal of a license.

Licenses shall be issued to cover only those products, processes, and operations specified in the license application and approved for licensing. If a license holder wishes to engage in processing a type of milk product that is different than the type specified on the application supporting the licensee's existing license and processing that type of food product would require a major addition to or modification of the licensee's processing facilities, the licensee shall submit an amendment to the current license application. In such a case, the licensee may engage in processing the new type of milk product only after the amendment has been approved by the department.

A licensee under this section shall not be required to obtain a milk ((~~vendor's~~)) distributor's license under this chapter or a food processing plant license under chapter 69.07 RCW.

Sec. 204. RCW 15.32.100 and 1991 c 109 s 1 are each amended to read as follows:

Every ((~~person who sells, offers or exposes for sale, barters, or exchanges any milk or milk product as defined by rule under chapter 15.36 RCW~~)) distributor must have a milk ((~~vendor's~~)) distributor's license ((~~to do so~~)). The license shall not include retail stores or restaurants that purchase milk prepackaged or bottled elsewhere for sale at retail or establishments that sell milk only for consumption in such establishment. Such license, issued by the director on application and payment of a fee of ten dollars, shall contain the license number, and name, residence and place of business, if any, of the licensee. It shall be nontransferable, shall expire annually on a date set by rule by the director, and ((may be revoked by the director, upon reasonable notice to the licensee, for any violation of or failure to comply with any provision of this chapter or any rule or regulation, or order of the department, or any officer or inspector thereof.)) license fees shall be prorated where necessary to accommodate staggering of expiration dates of a license or licenses.

NEW SECTION. Sec. 205. A milk hauler must obtain a milk hauler's license to conduct the operation under this chapter. A milk hauler's license is not transferable with respect to persons or locations or both. The license, issued by the director upon approval of an application for the license and compliance with the provisions of this chapter, shall contain the license number, name, residence, and place of business, if any, of the licensee.

Sec. 206. RCW 15.32.580 and 1963 c 58 s 6 are each amended to read as follows:

((Any person who tests milk or cream or the fluid derivatives thereof, purchased, received, or sold on the basis of milk fat, nonfat milk solids, or other components contained therein, or who takes samples of milk or cream or fluid derivatives thereof, on which sample tests are to be made as a basis of payment, or who grades, weighs, or measures milk or cream or the fluid derivatives thereof, the grade, weight, or measure to be used as a basis of payment, or who operates equipment wherein milk or products thereof are pasteurized must hold)) A dairy technician must obtain a dairy technician's license to conduct operations under this chapter. Such license shall be limited to those functions which the licensee has been found qualified by examination to perform. Before issuing the license the director shall examine the applicant as to his or her qualifications for the functions for which application has been made.

Application for a license as a dairy technician shall be made upon forms provided by the director, and shall be filed with the department. The director may issue a temporary license to the applicant for such period as may be prescribed and stated in the license, not to exceed sixty days, but the license may not be renewed to extend the period beyond sixty days.

The initial application for a dairy technician's license must be accompanied by a license fee of ten dollars. If it is not necessary that an examination be given, the fee for renewal of the license is five dollars. For circumstance that require an examination the renewal fee is ten dollars. All dairy technicians' licenses shall expire biennially on a date set by rule by the director. License fees shall be prorated where necessary to accommodate staggering of expiration dates of a license or licenses.

Sec. 207. RCW 15.32.590 and 1963 c 58 s 9 are each amended to read as follows:

Licensed dairy technicians shall personally take all samples, conduct all tests, and determine all weights and grades of milk ((~~or cream~~)) and milk products bought, sold, or delivered upon the basis of weight or grade or on the basis of the milk fat, nonfat milk solids, or other components contained therein. Each licensee shall keep a ((~~carbon~~)) copy of every original report of each test, weight, or grade made by him or her for a period of two months after making ((~~same, in a locked container, but subject to inspection at all times by the director or his agent~~)) the report. No unfair, fraudulent, or manipulated sample shall be taken or delivered for analysis.

NEW SECTION. Sec. 208. A wash station operator must obtain a milk wash station license to conduct the operation under this chapter for all wash stations separate from a milk processing plant. A milk wash station license is not transferable with respect to persons or locations or both. The license, issued by the director upon approval of an application for such license and compliance with the provisions of this chapter, shall contain the license number, name, residence, and place of business, if any, of the licensee.

Sec. 209. RCW 15.36.100 and 1961 c 11 s 15.36.100 are each amended to read as follows:

((~~Prior to the issuance of a permit and at least once every six months~~)) The director shall inspect all dairy farms and all milk processing plants((~~: PROVIDED, That the director may accept the results of periodic industry inspections of producer dairies if such inspections have been officially checked periodically and found satisfactory~~)) prior to issuance of a license under this chapter and at a frequency determined by the director by rule. In case the director discovers the violation of any item of ((~~sanitation~~)) grade requirement, he or she shall make a second inspection after a lapse of such time as he or she deems necessary for the defect to be remedied, but not before the lapse of three days, and the second inspection shall be used in determining compliance with the grade requirements of this chapter. Any violation of the same requirement of this chapter on such reinspection shall call for immediate degrading or summary suspension of ((~~permit~~)) the license in accordance with the requirements of chapter 34.05 RCW.

One copy of the inspection report detailing the grade requirement violations shall be posted by the director in a conspicuous place upon an inside wall of one of the dairy farm or milk processing plant buildings, and said inspection report shall not be defaced or removed by any person except the director. Another copy of the inspection report shall be filed with the records of the director.

Every milk producer and distributor shall ((~~upon the request of the director permit him~~)) permit the director access to all parts of the establishment during the working hours of the producer or distributor, which shall at a minimum include the hours from 8 a.m. to 5 p.m., and every distributor shall furnish the director, upon his or her request, for official use only, samples of any milk product for laboratory analysis, a true statement of the actual quantities of milk and milk products of each grade purchased and sold, together with a list of all sources, records of inspections and tests, and recording thermometer charts.

Sec. 210. RCW 15.36.490 and 1961 c 11 s 15.36.490 are each amended to read as follows:

Except as permitted in this section, no milk producer or distributor shall transfer milk or milk products from one container to another on the street, or in any vehicle, or store, or in any place except a bottling or milk room especially used for that purpose.

Milk and milk products sold in the distributor's containers in quantities less than one gallon shall be delivered in standard milk bottles or in single-service containers. It shall be unlawful for hotels, soda fountains, restaurants, groceries, hospitals, and similar establishments to sell or serve any milk or milk products except in the individual original container in which it was received from the distributor or from a bulk container equipped with an approved dispensing device: PROVIDED, That this requirement shall not apply to cream consumed on the premises, which may be served from the original bottle or from a dispenser approved for such service.

It shall be unlawful for any hotel, soda fountain, restaurant, grocery, hospital, or similar establishment to sell or serve any milk or milk product which has not been maintained, while in its possession, at a temperature of ((~~fifty~~)) forty-five degrees Fahrenheit or less. If milk or milk products are stored in water for cooling, the pouring lip of the container shall not be submerged.

It shall be the duty of all persons to whom milk or milk products are delivered to clean thoroughly the containers in which such milk or milk products are delivered before returning such containers. Apparatus, containers, equipment, and utensils used in the handling, storage, processing, or transporting of milk or milk products shall not be used for any other purpose without the permission of the director.

The delivery of milk or milk products to and the collection of milk or milk products containers from residences in which cases of communicable disease transmissible through milk supplies exists shall be subject to the special requirements of the health officer.

((~~Homogenized milk or homogenized cream shall not be mixed with milk or cream which has not been homogenized if sold or offered for sale as fluid milk or cream.~~))

Sec. 211. RCW 15.36.500 and 1961 c 11 s 15.36.500 are each amended to read as follows:

Grade A milk and milk products from outside the state may not be sold in the state of Washington unless produced and/or pasteurized under provisions equivalent to the requirements of this chapter and the PMO: PROVIDED, That the director shall satisfy himself or herself that the authority having jurisdiction over the production and processing is properly enforcing such provisions.

PART III

MILK GRADING

Sec. 301. RCW 15.36.470 and 1989 c 354 s 22 are each amended to read as follows:

No milk or milk products shall be sold to the final consumer or to restaurants, soda fountains, grocery stores, or similar establishments except grade A ((~~milk~~)) pasteurized milk, or grade A ((~~milk-raw, and~~)) raw milk. The director may revoke the ((~~permit~~)) license of any milk distributor failing to qualify ((~~for one of the above grades~~)) as grade A pasteurized or grade A raw, or in lieu thereof may degrade his or her product to grade C and permit its sale as other than fluid milk or grade A milk products during a period not exceeding thirty days ((~~or in emergencies during such longer period as he may deem necessary~~)). In the event of an emergency, the director may permit the sale of grade C milk for more than thirty days.

Sec. 302. RCW 15.36.070 and 1961 c 11 s 15.36.070 are each amended to read as follows:

No person shall produce, sell, offer, or expose for sale, or have in possession with intent to sell, ((~~in the fluid state for direct consumption as such,~~)) any milk or milk product which is adulterated, misbranded, or ungraded. It shall be unlawful for any person, elsewhere than in a private home, to have in possession any adulterated, misbranded, or ungraded milk or milk products: PROVIDED, That in an emergency the sale of ungraded milk or milk products may be authorized by the director, in which case they shall be labeled "ungraded."

Adulterated, misbranded, and/or ungraded milk or milk products may be impounded and disposed of by the director.

Sec. 303. RCW 15.32.160 and 1981 c 321 s 1 are each amended to read as follows:

It is unlawful to sell, offer for sale, or deliver:

(1) Milk or products produced from milk from cows ((or)), goats, or other mammals affected with disease or of which the owner thereof has refused official examination and tests for disease: or

(2) Colostrum milk, ((~~meaning that produced within ten days before or seven days after parturition,~~)) except that colostrum milk from cows that have been tested for brucellosis within sixty days of parturition may be made available to persons having multiple sclerosis, or other persons acting on their behalf, who, at the time of the initial sale, present a form, signed by a licensed physician, certifying that the intended user has multiple sclerosis and that the user releases the provider of the milk from liability resulting from the consumption of the milk. Colostrum milk provided under this section is exempt from meeting the standards for grade A raw milk required by this chapter ((~~15.36 RCW~~)).

(3) The department of agriculture shall adopt rules to carry out this section. The rules shall include but not be limited to establishing standards requiring hyper-immunization.

Sec. 304. RCW 15.32.530 and 1989 c 354 s 11 are each amended to read as follows:

((~~An inspector who obtains~~)) The department, after obtaining a sample of milk for analysis, shall within ten days after obtaining the result of the analysis, send the result to the person from whom the sample was taken or to the person responsible for the condition of the milk.

PART IV

DAIRY FARMS AND MILK PROCESSING PLANTS--CLEANLINESS

Sec. 401. RCW 15.36.110 and 1989 c 354 s 17 are each amended to read as follows:

During ((~~each~~)) any consecutive six months ((~~period~~)) at least four samples of raw milk ((~~and cream~~)), raw milk for pasteurization, or both, from each dairy farm and ((~~each milk plant shall be taken on separate days~~)) raw milk for pasteurization, after receipt by the milk processing plant and prior to pasteurization, heat-treated milk products, and pasteurized milk and milk products from each grade A milk processing plant, shall be collected in at least four separate months and examined by the director: PROVIDED, That in the case of raw milk for pasteurization the director may accept the results of ((~~nonofficial laboratories which have been officially checked periodically and found satisfactory~~)) an officially designated laboratory. Samples of other milk products may be taken and examined by the director as often as he deems necessary. Samples of milk and milk products from stores, cafes, soda fountains, restaurants, and other places where milk or milk products are sold shall be examined as often as the director may require. Bacterial plate counts, direct microscopic counts, coliform determinations, phosphatase tests and other laboratory tests shall conform to the ((~~procedures in the current edition of "Standard Methods For The Examination Of Dairy Products," recommended by the American public health association~~)) requirements of the PMO. Examinations may include such other chemical and physical determinations as the director may deem necessary for the detection of adulteration or for purposes of compliance. Samples may be taken by the director at any time prior to the final delivery of the milk or milk products. All proprietors of cafes, stores, restaurants, soda fountains, and other similar places shall furnish the director, upon his or her request, with the name of all distributors from whom their milk and milk products are obtained. ((~~Bio-assays of the vitamin D content of vitamin D milk shall be made when required by the director in a laboratory approved by him for such examinations.~~))

If two of the last four consecutive bacterial counts, somatic cell counts, coliform determinations, or cooling temperatures, taken on separate days, exceed the standard for milk or milk products established in this chapter and rules adopted under this chapter, the director shall send written notice thereof to the person concerned. This notice shall remain in effect so long as two of the last four consecutive samples exceed the limit of the same standard. An additional sample shall be taken within twenty-one days of the sending of the notice, but not before the lapse of three days((~~, except sixty days must lapse before an official somatic cell count can be taken~~)). The director shall degrade or summarily suspend the ((~~grade A permit~~)) milk producer's license or milk processing plant license whenever the standard is again violated so that three of the last five consecutive samples exceed the limit of the same standard. A ((~~grade A permit~~)) milk producer's license or milk processing plant license shall subsequently be reinstated in notice status upon receipt of sample results that are within the standard for which the suspension occurred.

In case of violation of the phosphatase test requirements, the cause of underpasteurization shall be determined and removed before milk or milk products from this milk processing plant can again be sold as pasteurized milk or milk products.

Sec. 402. RCW 15.36.090 and 1961 c 11 s 15.36.090 are each amended to read as follows:

All bottles, cans, packages, and other containers, enclosing raw milk or any raw milk product defined in this chapter shall be plainly labeled or marked with (1) ((~~the name of the contents as given in the definitions of this chapter; (2) the grade of the contents; (3) the word "pasteurized" only if the contents have been pasteurized; (4)~~)) the word "raw" only if the contents are raw; ((~~(5)~~)) and (2) the name of the producer if the contents are raw, and the identity of the plant at which the contents were pasteurized if the contents are pasteurized((; (6) the phrase "for pasteurization" if the contents are to be pasteurized; (7) in the case of vitamin D milk the designation "vitamin D milk," the source of the vitamin D and the number of units per quart; (8) the word "reconstituted" or "recombined" if included in the name of the product as defined in this chapter; (9) in the case of concentrated milk or milk products the volume or proportion of water to be added for recombining; (10) the words "skim milk solids added," and the percentage added if such solids have been added, except that this requirement shall not apply to reconstituted or recombined milk or milk products: PROVIDED, That only the identity of the producer shall be required on cans delivered to a milk plant which receives only raw milk for pasteurization and which immediately dumps, washes, and returns the cans to the producer)).

The label or mark shall be in letters of a size, kind, and color approved by the director and shall contain no marks or words which are misleading.

Sec. 403. RCW 15.36.300 and 1989 c 354 s 19 are each amended to read as follows:

((~~Grade C raw milk is raw milk which violates any of the requirements of grade A raw milk.~~)) The director shall adopt rules setting standards and requirements for production of grade C milk and milk products.

Sec. 404. RCW 15.36.520 and 1989 c 354 s 23 are each amended to read as follows:

((No person who is affected with any disease in a communicable form or is a carrier of such disease shall work at any dairy farm or milk plant in any capacity which brings him in contact with the production, handling, storage, or transportation of milk, milk products, containers, or equipment; and no dairy farm or milk plant shall employ in any such capacity any such person or any person suspected of being affected with any disease in a communicable form or of being a carrier of such disease. Any producer or distributor of milk or milk products upon whose dairy farm or in whose milk plant any communicable disease occurs, or who suspects that any employee has contracted any disease shall notify the health authority immediately.)) A dairy farm offering for sale milk for consumption as grade A raw milk and all milk processing plants must conform with the requirements for personnel health as contained in the PMO.

PART V

DEPARTMENTAL ENFORCEMENT

NEW SECTION. Sec. 501. A license issued under this chapter may be denied or suspended by the director upon violation by the holder of any of the terms of this chapter, for interference with the director in the performance of his or her duties, or if the holder has exhibited in the discharge of his or her functions negligence, misconduct, or lack of qualification. A license may be revoked after an opportunity for a hearing by the director upon serious or repeated violations or after the license has been suspended for thirty continuous days without correction of the items causing the suspension.

NEW SECTION. Sec. 502. The director may, subsequent to a hearing on the license, suspend or revoke a license issued under this chapter if the director determines 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 adopted under this chapter, or a lawful order of the director.

(2) Refused, neglected, or failed to keep and maintain records required by this chapter, or to make the records available if requested under the provisions of this chapter.

(3) Refused the department access to a portion or area of a facility regulated under this chapter, for the purpose of carrying out the provisions of this chapter.

(4) Refused the department access to records required to be kept under the provisions of this chapter.

(5) Refused, neglected, or failed to comply with the applicable provisions of chapter 69.04 RCW, Washington food, drug, and cosmetic act, or rules adopted under chapter 69.04 RCW.

The provisions of this section requiring that a hearing be conducted before an action may be taken against a license do not apply to an action taken under section 209, 401, or 503 of this act.

NEW SECTION. Sec. 503. (1) If the director finds a milk processing plant operating under conditions that constitute an immediate danger to public health, safety, or welfare or if the licensee or an employee of the licensee actively prevents the director or the director's representative, during an on-site inspection, from determining whether such a conditions exists, the director may summarily suspend, pending a hearing, a license provided for in this chapter.

(2) If a license is summarily suspended, the holder of the license shall be notified in writing that the license is, upon service of the notice, immediately suspended and that prompt opportunity for a hearing will be provided.

(3) If a license is summarily suspended, processing operations shall immediately cease. However, the director may reinstate the license if the condition that caused the suspension has been abated to the director's satisfaction.

Sec. 504. RCW 15.32.610 and 1963 c 58 s 11 are each amended to read as follows:

No person shall employ a tester, sampler, weigher, grader, or pasteurizer who is not licensed as a dairy technician((~~; or refuse to allow or fail to assist the director or his agent in the examination of the reports referred to in RCW 15.32.590~~)).

((~~Whoever~~)) A person who violates the provisions of this section ((~~or RCW 15.32.590~~)) may be fined not less than ((~~twenty-five~~)) two hundred fifty nor more than one ((~~hundred~~)) thousand dollars, and his or her license ((~~hereunder~~)) issued under this chapter revoked or suspended subject to a hearing as provided under chapter 34.05 RCW.

Sec. 505. RCW 15.36.115 and 1993 c 212 s 1 are each amended to read as follows:

(1) If the results of an antibiotic, pesticide, or other drug residue test under RCW 15.36.110 are above the actionable level established in the ((~~pasteurized milk ordinance published by the United States public health service~~)) PMO and determined using procedures set forth in the ((~~current edition of "Standard Methods for the Examination of Dairy Products,"~~)) PMO, a ((~~producer~~)) person holding a ((~~grade A permit~~)) milk producer's license is subject to a civil penalty. The penalty shall be in an amount equal to one-half the value of the sum of the volumes of milk equivalent produced under the ((~~permit~~)) license on the day prior to and the day of the adulteration. The value of the milk shall be computed by the weighted average price for the federal market order under which the milk is delivered.

(2) The penalty is imposed by the department giving a written notice which is either personally served upon or transmitted by certified mail, return receipt requested, to the person incurring the penalty. The notice of the civil penalty shall be a final order of the department unless, within fifteen days after the notice is received, the person incurring the penalty appeals the penalty by filing a notice of appeal with the department. If a notice of appeal is filed in a timely manner, a hearing shall be conducted on behalf of the department by the office of administrative hearings in accordance with chapters 34.05 and 34.12 RCW. At the conclusion of the hearing, the department shall determine whether the penalty should be affirmed, and, if so, shall issue a final order setting forth the civil penalty assessed, if any. The order may be appealed to superior court in accordance with chapter 34.05 RCW. Tests performed for antibiotic, pesticide, or other drug residues by ((~~a state or certified industry~~)) an official laboratory or an officially designated laboratory of a milk sample drawn by a department official or a licensed dairy technician shall be admitted as prima facie evidence of the presence or absence of an antibiotic, pesticide, or other drug residue.

(3) Any penalty imposed under this section is due and payable upon the issuance of the final order by the department. The penalty shall be deducted by the violator's marketing organization from the violator's final payment for the month following the issuance of the final order. The department shall promptly notify the violator's marketing organization of any penalties contained in the final order.

(4) All penalties received or recovered from violations of this section shall be remitted monthly by the violator's marketing organization to the Washington state dairy products commission and deposited in a revolving fund to be used solely for the purposes of education and research. No appropriation is required for disbursements from this fund.

(5) In case of a violation of the antibiotic, pesticide, or other drug residue test requirements, an investigation shall be made to determine the cause of the residue which shall be corrected. ((Additional samples shall be taken as soon as possible and tested as soon as feasible for antibiotic, pesticide, or other drug residue by the department or a certified laboratory. After the notice has been received by the producer and the results of a test of such an additional sample indicate that residues are above the actionable level or levels referred to in subsection (1) of this section, the producer's milk may not be sold until a sample is shown to be below the actionable levels established for the residues)) Followup sampling and testing must be done in accordance with the requirements of the PMO.

Sec. 506. RCW 15.36.480 and 1961 c 11 s 15.36.480 are each amended to read as follows:

If at any time between the regular announcements of the grades of milk or milk products, a lower grade shall become justified, in accordance with ((~~RCW 15.36.100, 15.36.110, and 15.36.120 to 15.36.460, inclusive~~)) the provisions of this chapter, the director shall immediately lower the grade of such milk or milk products, and shall enforce proper labeling thereof.

Any producer or distributor of milk or milk products the grade of which has been lowered by the director, ((~~and who is properly labeling his milk and milk products,~~)) or whose permit has been suspended may at any time make application for the regrading of his or her products or the reinstatement of his or her permit.

Upon receipt of a satisfactory application, in case the lowered grade or the permit suspension was the result of violation of the bacteriological or cooling temperature standards, the director shall take further samples of the applicant's output, at a rate of not more than two samples per week. The director shall regrade the milk or milk products upward or reinstate the permit on compliance with grade requirements as determined in accordance with the provisions of RCW 15.36.110 (as recodified by this act).

In case the lowered grade of the applicant's product or the permit suspension was due to a violation of an item other than bacteriological standard or cooling temperature, the said application must be accompanied by a statement signed by the applicant to the effect that the violated item of the specifications had been conformed with. Within one week of the receipt of such an application and statement the director shall make a reinspection of the applicant's establishment and thereafter as many additional reinspections as he or she may deem necessary to assure himself or herself that the applicant is again complying with the higher grade requirements, and in case the findings justify, shall regrade the milk or milk products upward or reinstate the permit.

Sec. 507. RCW 15.36.107 and 1992 c 160 s 2 are each amended to read as follows:

(1) There is created a dairy inspection program advisory committee. The committee shall consist of nine members. The committee shall be appointed by the director from names submitted by dairy producer organizations or from handlers of milk products. The committee shall consist of four members who are producers of milk or their representatives, and four members who are handlers or their representatives, and one member who must be a producer-handler.

(2) The purpose of this advisory committee is to assist the director by providing recommendations regarding the dairy inspection program, that are consistent with the pasteurized milk ordinance. The advisory committee shall (a) review and evaluate the program including the efficiency of the administration of the program, the adequacy of the level of inspection staff, the ratio of inspectors to number of dairy farm inspections per year, and the ratio of inspectors to management employees; and (b) consider alternatives to the state program, which may include privatization of various elements of the inspection program.

(3) The committee shall meet as necessary to complete its work. Meetings of the committee are subject to the open public meetings act.

(((4) Not later than October 15, 1992, the advisory committee shall issue a preliminary report of its findings to the dairy industry. The committee shall solicit comments from the dairy industry which shall be reflected in the committee's final report.

(5) Not later than December 1, 1992, the advisory committee shall report to the agricultural committees of the house of representatives and senate its recommendations for long-term structure and funding of the dairy inspection program.))

Sec. 508. RCW 15.32.450 and 1961 c 11 s 15.32.450 are each amended to read as follows:

(1) It shall be unlawful for a person other than the ((~~registered~~)) owner ((~~thereof~~)), to possess for sale((, barter, or use such a branded container, and possession by any junk dealer or vendor shall be prima facie evidence of possession for sale, barter, or use. When a branded container is in the possession of a person other than the registered owner, the director may seize and hold it until it is established to his satisfaction that such possession is lawful. No person, other than the owner, shall deface or remove a brand, or adopt a registered brand of another, or use a branded container, except to transport dairy products to and from the owner of the container)) or barter or to use a container that is used to distribute packaged milk or milk products and that bears the name or trademark of an owner that has been properly registered.

(2) A person receiving packaged dairy products in containers bearing the registered name or trademark of the owner shall return the containers to the owner.

(3) When such a container is in the possession of a person other than the owner, the director may seize and hold it until it is established to the director's satisfaction that such possession is lawful. The director may seize such containers and return them to the owner, in which case the owner shall pay the expenses thereof. Neither the director nor a person who returns such containers shall be liable for containers lost in transportation.

Sec. 509. RCW 15.35.080 and 1993 c 345 s 4 are each amended to read as follows:

For the purposes of this chapter:

(1) "Department" means the department of agriculture of the state of Washington;

(2) "Director" means the director of the department or the director's duly appointed representative;

(3) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent, or employee thereof. This term shall import either the singular or plural as the case may be;

(4) "Market" or "marketing area" means any geographical area within the state or another state comprising one or more counties or parts thereof, where marketing conditions are substantially similar and which may be designated by the director as one marketing area;

(5) "Milk" means all fluid milk from cows as defined in ((~~RCW 15.36.011~~)) chapter 15.36 RCW and rules adopted ((~~thereunder~~)) under chapter 15.36 RCW;

(6) "Milk products" includes any product manufactured from milk or any derivative or product of milk;

(7) "Milk dealer" means any person engaged in the handling of milk in his or her capacity as the operator of a milk plant, as that term is defined in ((~~RCW 15.36.040~~)) chapter 15.36 RCW and rules adopted ((~~thereunder~~)) under chapter 15.36 RCW:

(a) Who receives milk in an unprocessed state from dairy farms, and who processes milk into milk or milk products; and

(b) Whose milk plant is located within the state or from whose milk plant milk or milk products that are produced at least in part from milk from producers are disposed of to any place or establishment within a marketing area;

(8) "Producer" means a person producing milk within this state for sale under a grade A milk permit issued by the department under the provisions of chapter 15.36 RCW or, if the director so provides by rule, a person who markets to a milk dealer milk produced under a grade A permit issued by another state;

(9) "Classification" means the classification of milk into classes according to its utilization by the department;

(10) The terms "plan," "market area and pooling arrangement," "market area pooling plan," "market area and pooling plan," "market pool," and "market plan" all have the same meaning;

(11) "Producer-dealer" means a producer who engages in the production of milk and also operates a plant from which an average of more than three hundred pounds daily of milk products, except filled milk, is sold within the marketing area and who has been so designated by the director. A state institution which processes and distributes milk of its own production shall be considered a producer-dealer for purposes of this chapter, but the director may by rule exempt such state institutions from any of the requirements otherwise applicable to producer-dealers.

Sec. 510. RCW 15.36.120 and 1984 c 226 s 3 are each amended to read as follows:

Grades of milk and milk products as defined in this chapter shall be based on the respectively applicable standards contained in ((~~RCW 15.36.120 through 15.36.460~~)) this chapter, with the grading of milk products being identical with the grading of milk, except that bacterial standards are omitted in the case of cultured milk products. Vitamin D milk shall be only of grade A, certified pasteurized, or certified raw quality. The grade of a milk product shall be that of the lowest grade milk or milk product used in its preparation.

Sec. 511. RCW 15.36.595 and 1993 c 212 s 3 are each amended to read as follows:

(1) The director of agriculture shall adopt rules imposing a civil penalty for violations of the standards for component parts of fluid dairy products which are established ((~~by RCW 15.36.030~~)) under this chapter or adopted pursuant to RCW 69.04.398. The penalty shall not exceed ten thousand dollars and shall be such as is necessary to achieve proper enforcement of the standards. The rules shall be adopted before January 1, 1987, and shall become effective on July 1, 1987.

(2) The penalty is imposed by the department giving a written notice which is either personally served upon or transmitted by certified mail, return receipt requested, to the person incurring the penalty. The notice of the civil penalty shall be a final order of the department unless, within fifteen days after the notice is received, the person incurring the penalty appeals the penalty by filing a notice of appeal with the department. If a notice of appeal is filed in a timely manner, a hearing shall be conducted on behalf of the department by the office of administrative hearings in accordance with chapters 34.05 and 34.12 RCW. At the conclusion of the hearing, the department shall determine whether the penalty should be affirmed, reduced, or not imposed and shall issue a final order setting forth the civil penalty assessed, if any. The order may be appealed to superior court in accordance with chapter 34.05 RCW. Tests performed for the component parts of milk products by a state laboratory of a milk sample collected by a department official shall be admitted as prima facie evidence of the amounts of milk components in the product.

(3) Any penalty imposed under this section is due and payable upon the issuance of the final order by the department.

(4) All penalties received or recovered from violations of this section shall be remitted by the violator to the department and deposited in the revolving fund of the Washington state dairy products commission. One-half of the funds received shall be used for purposes of education with the remainder one-half to be used for dairy processing or marketing research, or both. No appropriation is required for disbursements from this fund.

(5) In case of a violation of the standards for the composition of milk products, an investigation shall be made to determine the cause of the violation which shall be corrected. Additional samples shall be taken as soon as possible and tested by the department.

Sec. 512. RCW 35A.69.010 and 1983 1st ex.s. c 46 s 177 and 1983 c 3 s 71 are each reenacted and amended to read as follows:

Every code city shall have the powers, perform the functions and duties and enforce the regulations prescribed by general laws relating to food and drugs for any class of city as provided by Title 69 RCW; relating to inspection of foods, meat, dairies, and milk as provided by ((~~RCW 15.36.560 and 15.36.510 and~~)) chapter 16.49A RCW; relating to water pollution control as provided by chapter 90.48 RCW; and relating to food fish and shellfish as provided by Title 75 RCW.

NEW SECTION. Sec. 513. The following acts or parts of acts are each repealed:

(1) RCW 15.32.051 and 1989 c 354 s 2 & 1963 c 58 s 2;

(2) RCW 15.32.060 and 1961 c 11 s 15.32.060;

(3) RCW 15.32.070 and 1961 c 11 s 15.32.070;

(4) RCW 15.32.080 and 1989 c 354 s 3 & 1961 c 11 s 15.32.080;

(5) RCW 15.32.090 and 1961 c 11 s 15.32.090;

(6) RCW 15.32.120 and 1969 ex.s. c 102 s 5 & 1961 c 11 s 15.32.120;

(7) RCW 15.32.130 and 1961 c 11 s 15.32.130;

(8) RCW 15.32.140 and 1989 c 354 s 5 & 1961 c 11 s 15.32.140;

(9) RCW 15.32.150 and 1961 c 11 s 15.32.150;

(10) RCW 15.32.220 and 1989 c 354 s 6 & 1961 c 11 s 15.32.220;

(11) RCW 15.32.250 and 1961 c 11 s 15.32.250;

(12) RCW 15.32.260 and 1961 c 11 s 15.32.260;

(13) RCW 15.32.330 and 1961 c 11 s 15.32.330;

(14) RCW 15.32.340 and 1961 c 11 s 15.32.340;

(15) RCW 15.32.360 and 1961 c 11 s 15.32.360;

(16) RCW 15.32.380 and 1961 c 11 s 15.32.380;

(17) RCW 15.32.430 and 1973 c 31 s 1 & 1961 c 11 s 15.32.430;

(18) RCW 15.32.440 and 1961 c 11 s 15.32.440;

(19) RCW 15.32.490 and 1961 c 11 s 15.32.490;

(20) RCW 15.32.500 and 1989 c 354 s 8 & 1961 c 11 s 15.32.500;

(21) RCW 15.32.510 and 1989 c 354 s 9 & 1961 c 11 s 15.32.510;

(22) RCW 15.32.520 and 1989 c 354 s 10 & 1961 c 11 s 15.32.520;

(23) RCW 15.32.540 and 1961 c 11 s 15.32.540;

(24) RCW 15.32.560 and 1961 c 11 s 15.32.560;

(25) RCW 15.32.570 and 1989 c 354 s 12 & 1961 c 11 s 15.32.570;

(26) RCW 15.32.582 and 1963 c 58 s 7 & 1961 c 11 s 15.32.582;

(27) RCW 15.32.584 and 1991 c 109 s 3, 1989 c 175 s 46, 1963 c 58 s 8, & 1961 c 11 s 15.32.584;

(28) RCW 15.32.590 and 1963 c 58 s 9 & 1961 c 11 s 15.32.590;

(29) RCW 15.32.600 and 1963 c 58 s 10 & 1961 c 11 s 15.32.600;

(30) RCW 15.32.610 and 1963 c 58 s 11 & 1961 c 11 s 15.32.610;

(31) RCW 15.32.620 and 1961 c 11 s 15.32.620;

(32) RCW 15.32.630 and 1963 c 58 s 12 & 1961 c 11 s 15.32.630;

(33) RCW 15.32.660 and 1961 c 11 s 15.32.660;

(34) RCW 15.32.670 and 1961 c 11 s 15.32.670;

(35) RCW 15.32.680 and 1961 c 11 s 15.32.680;

(36) RCW 15.32.700 and 1961 c 11 s 15.32.700;

(37) RCW 15.32.740 and 1961 c 11 s 15.32.740;

(38) RCW 15.32.750 and 1961 c 11 s 15.32.750;

(39) RCW 15.32.755 and 1963 c 58 s 14;

(40) RCW 15.32.760 and 1961 c 11 s 15.32.760;

(41) RCW 15.32.770 and 1987 c 202 s 174 & 1961 c 11 s 15.32.770;

(42) RCW 15.32.780 and 1961 c 11 s 15.32.780;

(43) RCW 15.32.790 and 1961 c 11 s 15.32.790;

(44) RCW 15.36.020 and 1989 c 354 s 14 & 1961 c 11 s 15.36.020;

(45) RCW 15.36.030 and 1961 c 11 s 15.36.030;

(46) RCW 15.36.040 and 1961 c 11 s 15.36.040;

(47) RCW 15.36.055 and 1982 c 131 s 1;

(48) RCW 15.36.060 and 1989 c 354 s 15, 1984 c 226 s 2, & 1961 c 11 s 15.36.060;

(49) RCW 15.36.075 and 1969 ex.s. c 102 s 3;

(50) RCW 15.36.090 and 1961 c 11 s 15.36.090;

(51) RCW 15.36.140 and 1984 c 226 s 4, 1981 c 297 s 3, & 1961 c 11 s 15.36.140;

(52) RCW 15.36.155 and 1961 c 11 s 15.36.155;

(53) RCW 15.36.160 and 1961 c 11 s 15.36.160;

(54) RCW 15.36.165 and 1961 c 11 s 15.36.165;

(55) RCW 15.36.170 and 1961 c 11 s 15.36.170;

(56) RCW 15.36.175 and 1961 c 11 s 15.36.175;

(57) RCW 15.36.180 and 1961 c 11 s 15.36.180;

(58) RCW 15.36.185 and 1961 c 11 s 15.36.185;

(59) RCW 15.36.190 and 1961 c 11 s 15.36.190;

(60) RCW 15.36.195 and 1961 c 11 s 15.36.195;

(61) RCW 15.36.200 and 1961 c 11 s 15.36.200;

(62) RCW 15.36.205 and 1961 c 11 s 15.36.205;

(63) RCW 15.36.210 and 1961 c 11 s 15.36.210;

(64) RCW 15.36.215 and 1961 c 11 s 15.36.215;

(65) RCW 15.36.220 and 1961 c 11 s 15.36.220;

(66) RCW 15.36.225 and 1961 c 11 s 15.36.225;

(67) RCW 15.36.230 and 1961 c 11 s 15.36.230;

(68) RCW 15.36.235 and 1961 c 11 s 15.36.235;

(69) RCW 15.36.240 and 1961 c 11 s 15.36.240;

(70) RCW 15.36.245 and 1961 c 11 s 15.36.245;

(71) RCW 15.36.250 and 1961 c 11 s 15.36.250;

(72) RCW 15.36.255 and 1961 c 11 s 15.36.255;

(73) RCW 15.36.270 and 1961 c 11 s 15.36.270;

(74) RCW 15.36.280 and 1961 c 11 s 15.36.280;

(75) RCW 15.36.320 and 1981 c 297 s 5 & 1961 c 11 s 15.36.320;

(76) RCW 15.36.325 and 1961 c 11 s 15.36.325;

(77) RCW 15.36.330 and 1961 c 11 s 15.36.330;

(78) RCW 15.36.335 and 1961 c 11 s 15.36.335;

(79) RCW 15.36.340 and 1961 c 11 s 15.36.340;

(80) RCW 15.36.345 and 1961 c 11 s 15.36.345;

(81) RCW 15.36.350 and 1961 c 11 s 15.36.350;

(82) RCW 15.36.355 and 1961 c 11 s 15.36.355;

(83) RCW 15.36.360 and 1961 c 11 s 15.36.360;

(84) RCW 15.36.365 and 1961 c 11 s 15.36.365;

(85) RCW 15.36.370 and 1961 c 11 s 15.36.370;

(86) RCW 15.36.375 and 1961 c 11 s 15.36.375;

(87) RCW 15.36.380 and 1961 c 11 s 15.36.380;

(88) RCW 15.36.385 and 1961 c 11 s 15.36.385;

(89) RCW 15.36.390 and 1961 c 11 s 15.36.390;

(90) RCW 15.36.395 and 1961 c 11 s 15.36.395;

(91) RCW 15.36.400 and 1961 c 11 s 15.36.400;

(92) RCW 15.36.405 and 1961 c 11 s 15.36.405;

(93) RCW 15.36.410 and 1961 c 11 s 15.36.410;

(94) RCW 15.36.415 and 1961 c 11 s 15.36.415;

(95) RCW 15.36.425 and 1991 c 3 s 1, 1989 c 354 s 20, 1979 c 141 s 22, & 1961 c 11 s 15.36.425;

(96) RCW 15.36.430 and 1961 c 11 s 15.36.430;

(97) RCW 15.36.440 and 1961 c 11 s 15.36.440;

(98) RCW 15.36.460 and 1989 c 354 s 21 & 1961 c 11 s 15.36.460;

(99) RCW 15.36.510 and 1961 c 11 s 15.36.510;

(100) RCW 15.36.540 and 1989 c 354 s 24, 1969 ex.s. c 102 s 6 & 1961 c 11 s 15.36.540;

(101) RCW 15.36.550 and 1989 c 354 s 25, 1979 c 141 s 23, & 1961 c 11 s 15.36.550;

(102) RCW 15.36.590 and 1961 c 11 s 15.36.590; and

(103) RCW 15.36.900 and 1961 c 11 s 15.36.900.

NEW SECTION. Sec. 514. The following sections shall be codified or recodified in the following order in chapter 15.36 RCW:

Section 101 of this act;

RCW 15.32.010;

RCW 15.36.011;

RCW 15.36.080;

Section 202 of this act;

RCW 15.32.110;

RCW 15.32.100;

Section 205 of this act;

RCW 15.32.580;

Section 208 of this act;

RCW 15.36.100;

RCW 15.36.490;

RCW 15.36.500;

RCW 15.36.120;

RCW 15.32.160;

RCW 15.36.150;

RCW 15.36.470;

RCW 15.36.070;

RCW 15.32.530;

RCW 15.36.110;

RCW 15.36.260;

RCW 15.36.265;

RCW 15.36.420;

RCW 15.36.300;

RCW 15.32.410;

RCW 15.32.420;

RCW 15.32.450;

RCW 15.32.460;

RCW 15.36.520;

RCW 15.36.530;

Section 501 of this act;

Section 502 of this act;

Section 503 of this act;

RCW 15.32.610;

RCW 15.36.115;

RCW 15.36.480;

RCW 15.32.550;

RCW 15.36.595;

RCW 15.36.600;

RCW 15.32.710;

RCW 15.32.720;

RCW 15.32.730;

RCW 15.36.005;

RCW 15.32.900;

RCW 15.32.910;

RCW 15.36.105; and

RCW 15.36.107.

NEW SECTION. Sec. 515. Sections 101, 202, 205, 208, and 501 through 503 of this act are each added to chapter 15.36 RCW and shall be codified pursuant to section 514 of this act.