SENATE BILL REPORT

                   HB 2134

              As Reported By Senate Committee On:

Agriculture & Agricultural Trade & Development, February 15, 1996

Title:  An act relating to the degrade of dairy farm or milk processing plant licenses.

Brief Description:  Degrading certain dairy licenses.

Sponsors:  Representatives Robertson, Chappell, Koster, Mastin, Regala, Chandler, Honeyford, Campbell, L. Thomas, Johnson, Stevens, Boldt and Goldsmith; by request of Department of Agriculture.

Brief History:

Committee Activity:  Agriculture & Agricultural Trade & Development:  2/15/96 [DPA].

SENATE COMMITTEE ON AGRICULTURE & AGRICULTURAL TRADE & DEVELOPMENT

Majority Report:  Do pass as amended.

  Signed by Senators Rasmussen, Chair; Loveland, Vice Chair; Bauer, Morton, Newhouse and Snyder.

Staff:  Bob Lee (786-7404)

Background:  The Department of Agriculture inspects each dairy farm at least once every six months and each milk processing plant at least once every three months.  Inspections are conducted to determine compliance with the federal Pasteurized Milk Ordinance.  The ordinance contains some elements that directly affect the quality of milk and other elements that are minor and do not affect the quality of milk.

Under current state law, if a dairy farm has a repeat major or minor violation, the department is required to immediately degrade the milk.  The requirement to immediately degrade the milk does not allow sufficient time for the operator to repair minor violations.  Degrading means that the milk cannot be sold as fluid milk or other Grade A milk products.  This milk is either sold for a lower price or is dumped.  Other states do not require the immediate degrading of milk in this fashion.

Summary of Amended Bill:  The requirement that milk produced in facilities that have repeat violations be immediately degraded is deleted.

Amended Bill Compared to Original Bill:  The bill is to take effect immediately.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  The bill contains an emergency clause and takes effect immediately.

Testimony For:  The deletion of the mandatory requirement to degrade milk for a second violation is appropriate when the violation is minor in nature.  This provides increased flexibility to the Department of Agriculture to appropriately penalize in accordance with the seriousness of the violation.

Testimony Against:  None.

Testified:  Mike Schwisow, OR-WA Dairy Processors Assn.