AN ACT Relating to milk and milk products;
amending RCW 69.07.040 and 15.36.595; reenacting and amending RCW 15.36.115; and
repealing RCW 15.36.580.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 15.36.115 and 1989 c 354 s 18 and 1989 c 175 s 48 are each reenacted and
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 and determined using procedures set forth in the
current edition of "Standard Methods for the Examination of Dairy
Products," a producer holding a grade A permit 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 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 ((and, to the
extent they are not inconsistent with this subsection, the provisions of RCW
15.36.580)). 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 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.
Sec. 2.
RCW 69.07.040 and 1992 c 160 s 3 are each amended to read as follows:
It shall be unlawful for any person to operate
a food processing plant or process foods in the state without first having
obtained an annual license from the department, which shall expire on a date
set by rule by the director. License fees shall be prorated where necessary to
accommodate staggering of expiration dates. Application for a license shall be
on a form prescribed by the director and accompanied by the license fee. The
license fee is determined by computing the gross annual sales for the
accounting year immediately preceding the license year. If the license is for
a new operator, the license fee shall be based on an estimated gross annual
sales for the initial license period.
If gross annual sales are: The
license fee is:
$0 to $50,000 $50.00
$50,001 to $500,000 $100.00
$500,001 to $1,000,000 $200.00
$1,000,001 to $5,000,000 $350.00
$5,000,001 to $10,000,000 $500.00
Greater than $10,000,000 $750.00
Such application shall include the full name of the
applicant for the license and the location of the food processing plant he or
she intends to operate. If such applicant is an individual, receiver, trustee,
firm, partnership, association or corporation, the full name of each member of
the firm or partnership, or names of the officers of the association or
corporation shall be given on the application. Such application shall further
state the principal business address of the applicant in the state and
elsewhere and the name of a person domiciled in this state authorized to
receive and accept service of summons of legal notices of all kinds for the
applicant. The application shall also specify the type of food to be processed
and the method or nature of processing operation or preservation of that food
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 regulations adopted hereunder by the department, the applicant shall
be issued a license or renewal thereof.
Licenses shall be issued to cover only those
products, processes, and operations specified in the license application and
approved for licensing. Wherever a license holder wishes to engage in
processing a type of food 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 or has a high potential for harm, 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 food product only after
the amendment has been approved by the department.
If upon investigation by the director, it is
determined that a person is processing food for retail sale and is not under
permit, license, or inspection by a local health authority, then that person
may be considered a food processor and subject to the provisions of this
chapter. The director may waive the licensure requirements of this chapter
for a person's operations at a facility if the person is licensed under chapter
15.32 RCW or has a permit under chapter 15.36 RCW to conduct the same or a
similar operation at the facility.
Sec. 3.
RCW 15.36.595 and 1989 c 175 s 49 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 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 ((and, to the
extent they are not inconsistent with this subsection, the provisions of RCW
15.36.580)). 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.
NEW SECTION. Sec. 4.
RCW 15.36.580 and 1989 c 354 s 26, 1987 c 202 s 175, 1981 c 67 s 17, & 1961
c 11 s 15.36.580 are each repealed.
