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ENGROSSED SENATE BILL 5962
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AS AMENDED BY THE HOUSE
Passed Legislature - 1995 Regular Session
State of Washington 54th Legislature 1995
Regular Session
By
Read first time 02/17/95. Referred to Committee
on Agriculture & Agricultural Trade & Development.
Changing dairy products regulations.
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 dairy inspection
program advisory committee created by RCW 15.36.561 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 committee 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 committee 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.
