AN ACT Relating to the
department of agriculture grants of rule-making authority; amending RCW
15.17.020, 15.36.021, 15.58.040, and 16.70.040; adding a new section to chapter
15.17 RCW; and adding a new section to chapter 42.17 RCW.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec. 1. RCW 15.17.020 and 1963 c
122 s 2 are each amended to read as follows:
For the purpose of this
chapter:
(1)
"Department" means the department of agriculture of the state of
Washington.
(2)
"Director" means the director of the department or his duly
authorized representative.
(3) "Person"
means a natural person, individual, or firm, partnership, corporation, company,
society, and association, and every officer, agent, or employee thereof. This
term shall import either the singular or plural, as the case may be.
(4) "Horticultural
plant or product" includes, but is not limited to, any horticultural,
floricultural, viticultural, and olericultural plant, growing or otherwise, and
their products whether grown above or below the ground's surface.
(5) "Horticultural
facilities" means, but is not limited to, the premises where horticultural
plants and products are grown, stored, handled, or delivered for sale or
transportation, records required by rule under this chapter, and all
vehicles and equipment, whether aerial or surface, used to transport such
horticultural plants or products.
(6) "Deceptive
pack" means the pack of any container which has in the outer layer or any
exposed surface, horticultural plants or products which are in quality, size,
condition, or any other respect so superior to those in the interior of the
container in the unexposed portion as to materially misrepresent the contents.
Such pack is deceptive when the outer or exposed surface is composed of
horticultural plants or products whose size is not an accurate representation
of the variation of the size of such horticultural plants or products in the
entire container, even though such horticultural plants or products in the
container are virtually uniform in size or comply with the specific
horticultural plant or product for which the director in prescribing standards
for grading and classifying has prescribed size variations or if such size
variations are prescribed by law.
(7) "Deceptive
arrangement or display" of any horticultural plants or products, means any
bulk lot or load, arrangement or display of such horticultural plants or
products which has in the exposed surface, horticultural plants or products
which are so superior in quality, size, condition, or any other respect to
those which are concealed, or the unexposed portion, as to materially
misrepresent any part of such bulk lot or load, arrangement, or display.
(8)
"Mislabel" means the placing or presence of any false or misleading
statement, design, or device upon any container, or upon the label or lining of
any such container, or upon the wrapper of any horticultural plants or
products, or upon any such horticultural plants or products, or any placard
used in connection therewith and having reference to such horticultural plants
or products. A statement, design, or device is false or misleading when the
horticultural plant or product or container to which it refers does not conform
to such statement.
(9)
"Container" means any container, subcontainer used within a
container, or any type of a container used to prepackage any horticultural
plants or products: PROVIDED, That this does not include containers used by a
retailer to package such horticultural plants or products sold from a bulk
display to a consumer.
(10) "Agent"
means broker, commission merchant, auctioneer, solicitor, seller, or consignor,
and any other person acting upon the actual or implied authority of another.
(11) "Inspection
and certification" means, but is not limited to, the inspection of any
horticultural plant or product at any time prior to, during, or subsequent to
harvest, by the director, and the issuance by him of a written permit to move
or sell or a written certificate stating the grade, classification, and if such
horticultural plants or products are free of plant pests and/or other defects.
(12) "Plant
pests" means, but is not limited to, any living stage of any insects,
mites, nematodes, slugs, snails, protozoa, or other invertebrate animals,
bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses,
or any organisms similar to or allied with any of the foregoing, or any
infectious substance, which can directly or indirectly injure or cause disease
or damage in any plant or parts thereof, or any processed, manufactured, or
other products of plants.
NEW SECTION. Sec.
2. A new section is added
to chapter 15.17 RCW to read as follows:
The director shall, by
rule, establish either grades or classifications, or both, for American ginseng
(Panax quinquefolius L.). In establishing grades or classifications, the
director shall take into account the factors of place of origin, whether the ginseng
is wild or cultivated, weight, and date of harvest.
The director shall, by
rule, require the registration of ginseng dealers who purchase and/or sell
American ginseng for the purpose of foreign export. After determining that an
applicant or registered ginseng dealer has violated this chapter and complying with
the notice and hearing requirements and all other provisions of chapter 34.05
RCW concerning adjudicative proceedings, the director may deny, suspend, or
revoke any dealer registration or application for registration issued under
this chapter.
The director shall
adopt rules requiring that records be maintained by dealers who purchase or
sell American ginseng for the purpose of foreign export.
The director may adopt
any other rules necessary to comply with the requirements of the Convention on
International Trade in Endangered Species of Wild Fauna and Flora, (27 U.S.T.
108); the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.);
and 50 C.F.R., Part 23 (1995), as they existed on the effective date of this
act, or such subsequent date as may be provided by rule, consistent with the
purposes of this section.
It is unlawful for a
person to sell, offer for sale, hold for sale, or ship or transport American
ginseng for foreign export in violation of this chapter or rules adopted under
this chapter.
The department shall
not disclose information obtained under this section regarding the purchases,
sales, or production of an individual American ginseng dealer, except for
providing reports to the United States fish and wildlife service. This information
is exempt from public disclosure required by chapter 42.17 RCW.
Sec. 3. RCW 15.36.021 and 1994 c
143 s 103 are each amended to read as follows:
The director of
agriculture ((may)) is authorized to:
(1) Adopt rules
necessary to carry out the purposes of chapters 15.36 and 15.38 RCW, which
includes rules governing the farm storage tank and bulk milk tanker
requirements, however the rules may not restrict the display or promotion
of products covered under this section.
(2) By rule, establish,
amend, or both, definitions and standards for milk and milk products. Such
definitions and standards established by the director shall conform, insofar as
practicable, with the definitions and standards for milk and milk products
adopted by the federal food and drug administration. The director of
agriculture, by rule, may likewise establish, amend, or both, definitions and
standards for products whether fluid, powdered or frozen, compounded or
manufactured to resemble or in semblance or imitation of genuine dairy products
as defined under the provisions of this chapter. Such products made to
resemble or in semblance or imitation of genuine dairy products shall conform
with all the provisions of chapter 15.38 RCW and be made wholly of nondairy
products.
All such products
compounded or manufactured to resemble or in semblance or imitation of a
genuine dairy product shall set forth on the container or labels the specific
generic name of each ingredient used.
In the event any product
compounded or manufactured to resemble or in semblance or imitation of a
genuine dairy product contains vegetable fat or oil, the generic name of such
fat or oil shall be set forth on the label. If a blend or variety of oils is
used, the ingredient statement shall contain the term "vegetable oil"
in the appropriate place in the ingredient statement, with the qualifying
phrase following the ingredient statement, such as "vegetable oils are
soybean, cottonseed and coconut oils" or "vegetable oil, may be
cottonseed, coconut or soybean oil."
The labels or
containers of such products compounded or manufactured to resemble or in
semblance or imitation of genuine dairy products shall not use dairy terms or
words or designs commonly associated with dairying or genuine dairy products,
except as to the extent that such words or terms are necessary to meet legal
requirements for labeling. The term "nondairy" may be used as an
informative statement.
(3) By rule adopt the
PMO, DMO, and supplemental documents by reference to establish requirements for
grade A pasteurized and grade A raw milk.
(4) Adopt rules
establishing standards for grade A pasteurized and grade A raw milk that are
more stringent than the PMO based upon current industry or public health
information for the enforcement of this chapter whenever he or she determines
that any such rules are necessary to carry out the purposes of this section and
RCW 15.36.481. The adoption of rules under this chapter, or the holding of a
hearing in regard to a license issued or that may be issued under this chapter
are subject to the applicable provisions of chapter 34.05 RCW, the
administrative procedure act.
(5) By rule, certify an
officially designated laboratory to analyze milk for standard of quality,
adulteration, contamination, and unwholesomeness.
Sec. 4. RCW 15.58.040 and 1991 c
264 s 2 are each amended to read as follows:
(1) The director shall
administer and enforce the provisions of this chapter and rules adopted under
this chapter. All the authority and requirements provided for in chapter 34.05
RCW (Administrative Procedure Act) and chapter 42.30 RCW shall apply to this
chapter in the adoption of rules including those requiring due notice and a
hearing for the adoption of permanent rules.
(2) The director is
authorized to adopt appropriate rules for carrying out the purpose and
provisions of this chapter, including but not limited to rules providing for:
(a) Declaring as a pest
any form of plant or animal life or virus which is injurious to plants, people,
animals (domestic or otherwise), land, articles, or substances;
(b) Determining that
certain pesticides are highly toxic to people. For the purpose of this
chapter, highly toxic pesticide means any pesticide that conforms to the
criteria in 40 C.F.R. Sec. 162.10 for toxicity category I due to oral
inhalation or dermal toxicity. The director shall publish a list of all
pesticides, determined to be highly toxic, by their common or generic name and
their trade or brand name if practical. Such list shall be kept current and
shall, upon request, be made available to any interested party;
(c) Determining
standards for denaturing pesticides by color, taste, odor, or form;
(d) The collection and
examination of samples of pesticides or devices;
(e) The safe handling,
transportation, storage, display, distribution, and disposal of pesticides and
their containers;
(f) Restricting or
prohibiting the use of certain types of containers or packages for specific
pesticides. These restrictions may apply to type of construction, strength,
and/or size to alleviate danger of spillage, breakage, misuse, or any other
hazard to the public. The director shall be guided by federal regulations
concerning pesticide containers;
(g) Procedures in
making of pesticide recommendations;
(h) Adopting a list of
restricted use pesticides for the state or for designated areas within the state
if the director determines that such pesticides may require rules restricting
or prohibiting their distribution or use. The director may include in the rule
the time and conditions of distribution or use of such restricted use
pesticides and may, if it is found necessary to carry out the purpose and
provisions of this chapter, require that any or all restricted use pesticides
shall be purchased, possessed, or used only under permit of the director and
under the director's direct supervision in certain areas and/or under certain
conditions or in certain quantities or concentrations. The director may
require all persons issued such permits to maintain records as to the use of
all the restricted use pesticides;
(i) Label requirements
of all pesticides required to be registered under provisions of this chapter;
(j) Regulating the
labeling of devices; ((and))
(k) The establishment
of criteria governing the conduct of a structural pest control inspection;
and
(l) Declaring crops,
when grown to produce seed specifically for crop reproduction purposes, to be
nonfood and/or nonfeed sites of pesticide application. The director may
include in the rule any restrictions or conditions regarding: (i) The
application of pesticides to the designated crops; and (ii) the disposition of
any portion of the treated crop.
(3) For the purpose of
uniformity and to avoid confusion endangering the public health and welfare the
director may adopt rules in conformity with the primary pesticide standards,
particularly as to labeling, established by the United States environmental
protection agency or any other federal agency.
Sec. 5. RCW 16.70.040 and 1971 c
72 s 4 are each amended to read as follows:
(1) The
secretary, with the advice and concurrence of the director of the department of
agriculture, shall be authorized to develop rules ((and regulations))
for proposed adoption by the board relating to the importation, movement, sale,
transfer, or possession of pet animals as defined ((herein)) in RCW
16.70.020 which are reasonably necessary for the protection and welfare of
the people of this state.
(2) The director of
the department of agriculture shall also be authorized to adopt rules to allow
administration of permits for those pet animals under subsection (1) of this
section by the state veterinarian.
NEW SECTION. Sec.
6. A new section is added
to chapter 42.17 RCW to read as follows:
Except under section 3
of this act, information obtained regarding the purchases, sales, or production
of an individual American ginseng dealer is exempt from disclosure under this
chapter.
