Z-1233.1 _______________________________________________
SENATE BILL 6088
_______________________________________________
State of Washington 54th Legislature 1996 Regular Session
By Senators Rasmussen, A. Anderson and Loveland; by request of Department of Agriculture
Read first time 01/08/96. Referred to Committee on Agriculture & Agricultural Trade & Development.
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.
--- END ---