Z-0974.1  _______________________________________________

 

                          HOUSE BILL 2377

          _______________________________________________

 

State of Washington      56th Legislature     2000 Regular Session

 

By Representatives G. Chandler, Linville, Pennington and Haigh; by request of Department of Agriculture

 

Read first time 01/12/2000.  Referred to Committee on Agriculture & Ecology.

Regulating custom meat slaughter and preparation.


    AN ACT Relating to custom meat slaughter and preparation; amending RCW 16.49.435, 16.49.680, 16.49.440, 16.49.690, 16.49.610, 16.49.451, 16.49.700, 16.49.710, 16.49.444, 16.49.510, and 16.49.670; adding new sections to chapter 16.49 RCW; adding a new section to chapter 16.57 RCW; recodifying RCW 16.49.435, 16.49.680, 16.49.440, 16.49.690, 16.49.610, 16.49.451, 16.49.700, 16.49.710, 16.49.444, 16.49.510, and  RCW 16.49.670; repealing RCW 16.49.441, 16.49.442, 16.49.454, 16.49.500, 16.49.630, and 16.49.635; and prescribing penalties.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 16.49 RCW to read as follows:

    This chapter is intended to safeguard the household user of uninspected and inspected meat products from possible harm due to adulterated, misbranded, or unfit meat or meat products or meat or meat products that have been prepared under insanitary conditions.

 

    Sec. 2.  RCW 16.49.435 and 1999 c 291 s 28 are each amended to read as follows:

    For the purposes of this chapter:

    (1) "Department" means the department of agriculture of the state of Washington.

    (2) "Director" means the director of the department or the director's designee.

    (3) "Custom farm slaughterer" means ((any)) a person licensed ((under this chapter who may under such license engage in the business of slaughtering)) to slaughter meat food animals ((only)) for the ((consumption of the)) owner ((thereof)) of the animal through the use of ((an approved)) a mobile unit ((under such conditions as may be prescribed by the director)).

    (4) "Custom slaughtering establishment" means the facility operated by ((any)) a person licensed ((under this chapter who may under such license engage in the business of slaughtering)) to slaughter meat food animals ((only)) for the ((consumption of the)) owner ((thereof)) of the animal at a fixed location ((under such conditions as may be prescribed by the director)).

    (5) "Custom meat facility" means the facility operated by ((any)) a person licensed ((under this chapter who may under such license engage in the business of preparing)) to prepare uninspected meat for the ((sole consumption of the)) owner of the uninspected meat ((being prepared.  Operators of custom meat facilities may also prepare)) and inspected meat for household users ((only under such conditions as may be prescribed by the director and may sell such prepared inspected meat to household users only.  Operators of custom meat facilities may also sell prepackaged inspected meat to any person, provided the prepackaged inspected meat is not prepared in any manner by the operator and the operator does not open or alter the original package that the inspected meat was placed in)).

    (6) "Inspected meat" means the carcasses or carcass parts ((thereof)) of meat food animals which have been slaughtered and inspected at establishments subject to inspection under a federal meat inspection act.

    (7) "Uninspected meat" means the carcasses or carcass parts ((thereof)) of meat food animals ((which)) that have been slaughtered by the owner ((thereof, or which have been slaughtered by)) of the animals, a custom farm slaughterer, or at a custom slaughtering establishment.

    (8) "Household user" means the ultimate consumer, ((the)) members of the consumer's household, and his or her nonpaying guests and employees.

    (9) "Person" means any ((natural person, firm)) individual, partnership, ((exchange,)) association, ((trustee, receiver,)) and corporation((, and any member, officer, or employee thereof or assignee for the benefit of creditors)).

    (10) "Meat food animal" means cattle, swine, sheep, or goats.

    (11) "Meat food bird" means a ratite, such as an ostrich, emu, or rhea.

    (12) "Official establishment" means an establishment operated for the purpose of slaughtering meat food animals for sale or use as human food in compliance with the federal meat inspection act (((21 U.S.C. Sec. 71 et seq.))).

    (((12))) (13) "Prepared" means ((canned)) smoked, salted, rendered, boned, cut up, or otherwise ((manufactured, or)) processed.

 

    Sec. 3.  RCW 16.49.680 and 1987 c 77 s 5 are each amended to read as follows:

    ((To ensure the sanitary slaughtering of meat food animals and handling of meat and meat food products by licensees under this chapter, the director may adopt such rules as the director finds necessary to protect public health and safety.  To ensure the identification of meat food animals slaughtered by licensees and the meat and meat food products handled by licensees, both as to ownership and as to whether the product is uninspected meat or inspected meat, the director may adopt such rules as the director finds necessary.  The director may also adopt such other rules as the director finds necessary to carry out this chapter.)) The director shall enforce and carry out the provisions of this chapter and adopt rules necessary to carry out its purpose.  The rules may include, but are not limited to:

    (1) Requirements for construction, equipment, cleaning, sanitation, and sanitary practices to ensure sanitary operations;

    (2) Requirements for identification or tagging of meat food animals slaughtered by licensees to maintain identification of the owner of the animal;

    (3) Requirements for handling and storing inspected and uninspected meats and meat products;

    (4) Requirements for labeling meat and meat products; and

    (5) Requirements for slaughtering and processing of meat food birds by licensees.

 

    Sec. 4.  RCW 16.49.440 and 1991 c 109 s 4 are each amended to read as follows:

    (1) It ((shall be)) is unlawful for any person to ((act)) operate as a custom farm slaughterer or to operate a custom slaughtering establishment or custom meat facility in the state without first obtaining a license from the director.  ((The license shall be an annual license and shall expire on a date set by rule by the director.  License fees shall be prorated where necessary to accommodate staggering of expiration dates of a license or licenses.  For)) Custom farm slaughterers((,)) must obtain a separate license ((shall be required)) for each mobile unit.  Separate licenses are required for each custom slaughtering establishment and custom meat facility ((shall also require a separate license)).

    (2) Application for a license ((shall)) must be made on a form prescribed by the director ((of agriculture)) and accompanied by a twenty-five dollar ((annual)) license fee.  The application ((shall)) must include:

    (a) The full name and address of the applicant.  If the applicant is a partnership or corporation, the application ((shall)) must include the full name and address of each partner or officer((.));

    (b) The physical location address of each establishment or facility to be licensed;

    (c) The ((application shall further state the principal business address of the applicant in the state or elsewhere and the)) name and address of a resident of this state authorized to ((receive and)) accept ((service of summons of)) legal notices ((of all kinds)) for the applicant((,)); and

    (d) Any other ((necessary)) information prescribed by the director ((of agriculture.  The license shall be issued by the director upon his satisfaction that the applicant's equipment is properly constructed, has the proper sanitary and mechanical equipment and is maintained in a sanitary manner as required under this chapter and/or rules adopted hereunder.  The director of agriculture shall also provide for the periodic inspection of equipment used by licensees to assure compliance with the provisions of this chapter and the rules adopted hereunder)).

    (3) If an application for renewal of a license and the license fee are not received by June 30th, the applicant must pay an additional fee of twenty-five dollars before the renewal license is issued.

    (4) Initial issuance of a license requires a prelicense inspection by the director for compliance with this chapter and rules adopted under this chapter.  A license shall only be issued after an applicant is found to be in substantial compliance with this chapter and rules adopted under this chapter.

    (5) Licenses issued under this chapter expire June 30th of each year.

    (6) Licenses issued under this chapter are not transferrable.

 

    Sec. 5.  RCW 16.49.690 and 1987 c 77 s 8 are each amended to read as follows:

    To ((ensure that licensees under this chapter maintain proper sanitary practices and comply)) determine compliance with ((all the provisions of)) this chapter and the rules adopted ((hereunder)) under this chapter, the director may inspect the mobile unit of any custom farm slaughterer and the premises of any custom slaughtering establishment or custom meat facility at any reasonable time.  ((No person may interfere with the director in the performance of his or her duties under this chapter or the rules adopted hereunder.))

 

    Sec. 6.  RCW 16.49.610 and 1987 c 77 s 3 are each amended to read as follows:

    Inspected and uninspected meat may only be prepared by a custom meat facility under the following conditions:

    (1) Inspected meat and ((the meat and)) meat ((food)) products prepared ((therefrom shall)) from inspected meat must be kept separated ((at all times)) from uninspected meat and ((the)) meat ((food)) products prepared ((therefrom, by a sufficient distance)) from uninspected meat to prevent inspected meat from coming into contact with uninspected meat.

    (2) Preparation of inspected meat and uninspected meat ((shall)) must be done at different times.

    (3) ((No sales of inspected meat, nor the meat food products derived therefrom shall be made to any person other than a household user.))  Equipment used in preparing uninspected meat or products prepared from uninspected meat must be cleaned and sanitized before being used to prepare inspected meat.

    (4) Uninspected meat ((shall)) may be prepared only for the ((sole)) use of the owner ((of said uninspected meat)), who ((shall)) must be a household user.

    (5) Inspected meat may be purchased by a custom meat facility only for preparation and sale to ((a)) household users ((only)).

    (6) Uninspected meat((, as well as the packages and containers containing any meat or)) and meat ((food)) products prepared ((therefrom shall)) from uninspected meat must be ((plainly)) clearly marked and labeled "not for sale" ((or as otherwise prescribed by the director)).

    (7) ((Any custom meat facility shall comply with sanitation rules and regulations promulgated by the director.))  Packages of uninspected meat may not be stored in a retail counter.

 

    Sec. 7.  RCW 16.49.451 and 1967 ex.s. c 120 s 4 are each amended to read as follows:

    ((Notwithstanding any other provisions of the law, any)) A licensed custom farm slaughterer may((, without the need for any other license,)) transport the offal of a meat food animal he or she has slaughtered for the owner ((thereof)), when ((such offal)) it is transported as ((a)) part of ((such)) a slaughtering transaction and ((such)) the offal is handled in a sanitary((, suitable container and)) manner ((as provided by the director)).

 

    Sec. 8.  RCW 16.49.700 and 1987 c 77 s 9 are each amended to read as follows:

    It is unlawful for any person to:

    (1) Sell, trade, or give away uninspected meat or ((the)) meat ((food)) products ((that may be derived therefrom.  Any violation of this section by a licensee under this chapter shall be sufficient reason for the revocation of the licensee's license)); or

    (2) Interfere with the director in the performance of his or her duties under this chapter or the rules adopted under this chapter.

 

    Sec. 9.  RCW 16.49.710 and 1987 c 77 s 10 are each amended to read as follows:

    The director may investigate any violation or possible violation of this chapter or any rule adopted under this chapter.  ((In the furtherance of any)) To assist in such investigation, the director may issue subpoenas to compel the attendance of witnesses or ((the)) to compel production of ((books)) records or documents anywhere in the state.

 

    Sec. 10.  RCW 16.49.444 and 1994 c 128 s 1 are each amended to read as follows:

    The director ((of agriculture)) may((, subsequent to a hearing under chapter 34.05 RCW,)) deny, suspend, ((establish conditions of probation for a designated period of time,)) or revoke any license required under this chapter if ((it is determined)) the director determines that an applicant or licensee has committed any of the following acts:

    (1) Refused, neglected, or failed to comply with the provisions of this chapter, the rules adopted ((hereunder)) under this chapter, or any lawful order of the ((department of agriculture)) director;

    (2) Refused, neglected, or failed to keep and maintain records required ((by)) under this chapter((,)) or rules adopted under this chapter to make the records available ((when requested under this chapter; or)) to the director on request;

    (3) Refused the director ((of agriculture)) access to any facilities or parts of the facilities ((subject to)) for the purpose of carrying out the provisions of this chapter or rules adopted under this chapter; or

    (4) Refused, neglected, or failed to comply with any provisions of chapter 69.04 RCW, intrastate commerce in food, drugs, and cosmetics, or rules adopted under that chapter.

    Upon receipt of notice by the director to deny, suspend, or revoke a license, a person may request a hearing under chapter 34.05 RCW.

 

    Sec. 11.  RCW 16.49.510 and 1994 c 128 s 2 are each amended to read as follows:

    ((If the director finds that a person has committed a violation of any provision of this chapter or rules adopted under this chapter, the director may impose upon and collect from the violator, a civil penalty not exceeding)) Any person who fails to comply with this chapter or the rules adopted under this chapter may be subject to a civil penalty in an amount of not more than one thousand dollars per violation per day.  Each violation is a separate and distinct offense.

    ((The violation of any provision of this chapter or rules adopted hereunder shall constitute a gross misdemeanor.

    Both a civil penalty and a criminal penalty may not be imposed for the same violation.)) All moneys collected for civil penalties under this chapter shall be deposited in the state general fund.

 

    NEW SECTION.  Sec. 12.  A new section is added to chapter 16.49 RCW to read as follows:

    Chapter 34.05 RCW governs the rights, remedies, and procedures respecting the administration of this chapter, including rule making, assessment of civil penalties, emergency actions, and license suspension, revocation, or denial.

 

    Sec. 13.  RCW 16.49.670 and 1999 c 291 s 29 are each amended to read as follows:

    The provisions of this chapter relating to the sale of inspected meat in custom meat facilities ((shall in no way)) do not supersede or restrict the authority of any county or any city to adopt ordinances ((which)) that are more restrictive for the handling and sale of inspected meat than those provided ((for herein)) in this chapter.

 

    NEW SECTION.  Sec. 14.  A new section is added to chapter 16.57 RCW to read as follows:

    Any person licensed as a custom farm slaughterer under RCW 16.49.440 (as recodified by this act) shall complete and attach a custom slaughter beef tag to each of the four quarters of all slaughtered cattle handled by the slaughterer.  The tags must remain on the quarters until the quarters are cut and wrapped.  Only the director may provide custom slaughter beef tags to custom farm slaughterers.  The fee for each set of four custom slaughter beef tags is one dollar and fifty cents.  The director may, by rule, establish criteria for the use of custom slaughter beef tags.

 

    NEW SECTION.  Sec. 15.  The following acts or parts of acts are each repealed:

    (1) RCW 16.49.441 (Custom farm slaughterers--Prelicense inspections) and 1987 c 77 s 6;

    (2) RCW 16.49.442 (Additional fee for late renewal--Exception) and 1991 c 109 s 5 & 1985 c 415 s 11;

    (3) RCW 16.49.454 (Establishment of need--Contents of application--Hearing) and 1989 c 175 s 53, 1987 c 77 s 2, & 1961 c 91 s 2;

    (4) RCW 16.49.500 (Washington State University laboratories exemption--Inspection, stamping) and 1959 c 204 s 50;

    (5) RCW 16.49.630 (Custom meat facilities--License--Generally) and 1991 c 109 s 6 & 1971 ex.s. c 98 s 5; and

    (6) RCW 16.49.635 (Custom meat facilities--Prelicense inspections) and 1987 c 77 s 7.

 

    NEW SECTION.  Sec. 16.  The following sections are codified or recodified within chapter 16.49 RCW in the following order:

    Section 1 of this act;

    16.49.435;

    16.49.680;

    16.49.440;

    16.49.690;

    16.49.610;

    16.49.451;

    16.49.700;

    16.49.710;

    16.49.444;

    16.49.510;

    Section 12 of this act; and

    16.49.670.

 

 


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