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HOUSE
BILL 2134
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Passed
Legislature - 1996 Regular Session
State of Washington 54th
Legislature 1996 Regular Session
By
Read first time 01/08/96.
Referred to Committee on Agriculture & Ecology.
Degrading certain
dairy licenses.
AN ACT
Relating to the degrade of dairy farm or milk processing plant licenses; and
amending RCW 15.36.111 and 15.36.451.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
15.36.111 and 1994 c 143 s 209 are each amended to read as follows:
The
director shall inspect all dairy farms and all milk processing plants prior to
issuance of a license under this chapter and at a frequency determined by the
director by rule: 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. In case the director
discovers the violation of any item of 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 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 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.
2. RCW
15.36.451 and 1994 c 143 s 506 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 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, 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 15.36.201.
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.
