_______________________________________________
ENGROSSED
SENATE BILL 5260
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AS
AMENDED BY THE HOUSE
Passed
Legislature - 1993 Regular Session
State of Washington 53rd
Legislature 1993 Regular Session
By
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; creating a new section;
and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec. 1.
The legislature finds that salmon consumers in Washington benefit from knowing
the species and origin of the salmon they purchase. The accurate
identification of such species, as well as knowledge of the country or state of
origin and of whether they were caught commercially or were farm-raised, is
important to consumers.
NEW SECTION. Sec. 2. 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 3 through 5 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 or king salmon
Oncorhynchus kisutch Coho
salmon or silver 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. 3. A
new section is added to chapter 69.04 RCW to read as follows:
With the exception of a commercial fisher
engaged in sales of fish to a fish buyer, no person may sell at wholesale or
retail any fresh or frozen salmon food fish or cultured aquatic salmon without
identifying the species of salmon by its common name to the buyer at the point
of sale such that the buyer can make an informed decision in purchasing. A
person knowingly violating this section is guilty of misbranding under this
chapter. A person who receives misleading or erroneous information about the
species of salmon and subsequently inaccurately identifies salmon shall not be
guilty of misbranding. This section shall not apply to salmon that is minced,
pulverized, coated with batter, or breaded.
NEW SECTION. Sec. 4. A
new section is added to chapter 69.04 RCW to read as follows:
With the exception of a commercial fisher
engaged in sales of fish to a fish buyer, no person may sell at wholesale or
retail 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.
Identification of the products under
subsections (1) and (2) of this section shall be made to the buyer at the point
of sale such that the buyer can make an informed decision in purchasing.
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, and subsequently inaccurately identifies salmon shall not be guilty of
misbranding. This section shall not apply to salmon that is minced,
pulverized, coated with batter, or breaded.
NEW SECTION. Sec. 5. 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 identifying and
selling salmon;
(2) Enforcing sections 3 and 4 of this act.
