_______________________________________________
HOUSE
BILL 2134
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AS AMENDED BY
THE SENATE
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; amending RCW 15.36.111
and 15.36.451; and declaring an emergency.
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.
NEW SECTION. Sec.
3. This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect immediately.
Passed
the House March 2, 1996.
Passed
the Senate February 27, 1996.
Approved by the Governor March 28, 1996.
Filed in
Office of Secretary of State March 28, 1996.
