S-4878.1                   _______________________________________________

                                            SUBSTITUTE SENATE BILL 6101

                              _______________________________________________

State of Washington                              53rd Legislature                             1994 Regular Session

By Senate Committee on Agriculture (originally sponsored by Senators M. Rasmussen, Newhouse and Snyder; by request of Department of Agriculture)

Read first time 02/04/94.

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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