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ENGROSSED SENATE BILL 5962
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State of Washington 54th Legislature 1995 Regular Session
By Senators Rasmussen and Newhouse
Read first time 02/17/95. Referred to Committee on Agriculture & Agricultural Trade & Development.
AN ACT Relating to dairy products; amending RCW 15.36.121; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The department of agriculture shall develop a proposal to impose a civil penalty that would be in lieu of a degrade or summary suspension for violations of the pasteurized milk ordinance. The department shall inquire as to the acceptability of the proposed civil penalty authority with the federal food and drug administration, with regulatory agencies that implement the requirements of the pasteurized milk ordinance in states to which milk produced in Washington state is shipped, and with other public and private organizations that may be affected by the issue. The department shall provide a written report containing its conclusions and recommendations to the house of representatives and senate committees having jurisdiction over milk quality issues by December 15, 1995.
Sec. 2. RCW 15.36.121 and 1994 c 143 s 210 are each amended to read as follows:
Except as permitted in this section, no milk producer or distributor shall transfer milk or milk products from one container to another on the street, or in any vehicle, or store, or in any place except a bottling or milk room especially used for that purpose.
Milk and milk products
sold in the distributor's containers in quantities ((less than)) of
one gallon or less shall be delivered in standard milk bottles or in
single-service containers. It shall be unlawful for hotels, soda fountains,
restaurants, groceries, hospitals, and similar establishments to sell or serve
any milk or milk products except in the individual original container in which
it was received from the distributor or from a bulk container equipped with an
approved dispensing device: PROVIDED, That this requirement shall not apply to
cream or milk consumed on the premises in serving sizes not to exceed
two hundred thirty-six milliliters or one-half pint, which may be served
from the original bottle or from a dispenser approved for such service.
It shall be unlawful for any hotel, soda fountain, restaurant, grocery, hospital, or similar establishment to sell or serve any milk or milk product which has not been maintained, while in its possession, at a temperature of forty-five degrees Fahrenheit or less. If milk or milk products are stored in water for cooling, the pouring lip of the container shall not be submerged.
It shall be the duty of all persons to whom milk or milk products are delivered to clean thoroughly the containers in which such milk or milk products are delivered before returning such containers. Apparatus, containers, equipment, and utensils used in the handling, storage, processing, or transporting of milk or milk products shall not be used for any other purpose without the permission of the director.
The delivery of milk or milk products to and the collection of milk or milk products containers from residences in which cases of communicable disease transmissible through milk supplies exists shall be subject to the special requirements of the health officer.
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