CERTIFICATION OF ENROLLMENT

                        SENATE BILL 5365

                        56th Legislature

                      1999 Regular Session

Passed by the Senate March 13, 1999   YEAS 47   NAYS 0 President of the Senate Passed by the House April 8, 1999   YEAS 95   NAYS 0

CERTIFICATE I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SENATE BILL 5365 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Speaker of the       House of Representatives	Secretary
Speaker of the       House of Representatives

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                   State of Washington

          _______________________________________________

                         SENATE BILL 5365

          _______________________________________________

             Passed Legislature - 1999 Regular Session

State of Washington      56th Legislature     1999 Regular Session

By Senators Prentice and Winsley; by request of Liquor Control Board

Read first time 01/21/1999.  Referred to Committee on Commerce, Trade, Housing & Financial Institutions.

Regulating the preparation and sale of dietary supplements containing alcohol.

    AN ACT Relating to the preparation and sale of dietary supplements containing alcohol; and amending RCW 66.12.070.

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

    Sec. 1.  RCW 66.12.070 and 1933 ex.s. c 62 s 51 are each amended to read as follows:

    (1) Where a medicinal preparation contains liquor as one of the necessary ingredients thereof, and also contains sufficient medication to prevent its use as an alcoholic beverage, nothing in this title shall apply to or prevent its composition or sale by a druggist when compounded from liquor purchased by the druggist under a special permit held by him, nor apply to or prevent the purchase or consumption of the preparation by any person for strictly medicinal purposes.

    (2) Where a toilet or culinary preparation, that is to say, any perfume, lotion, or flavoring extract or essence, or dietary supplement as defined by the federal food and drug administration, contains liquor and also contains sufficient ingredient or medication to prevent its use as a beverage, nothing in this title shall apply to or prevent the sale or purchase of that preparation by any druggist or other person who manufactures or deals in the preparation, nor apply to or prevent the purchase or consumption of the preparation by any person who purchases or consumes it for any toilet or culinary purpose.

    (3) In order to determine whether any particular medicinal, toilet, dietary supplement, or culinary preparation referred to in this section contains sufficient ingredient or medication to prevent its use as an alcoholic beverage, the board may cause a sample of the preparation, purchased or obtained from any person whomsoever, to be analyzed by an analyst appointed or designated by the board; and if it appears from a certificate signed by the analyst that he finds the sample so analyzed by him did not contain sufficient ingredient or medication to prevent its use as an alcoholic beverage, the certificate shall be conclusive evidence that the preparation, the sample of which was so analyzed, is not a preparation the sale or purchase of which is permitted by this section.

(4) Dietary supplements that contain more than one-half of one percent alcohol which are prepared and sold under this section shall be clearly labeled and the ingredients listed on the label in accordance with the provisions of the federal food, drug, and cosmetics act (21 U.S.C. Sec. 321) as now or hereafter amended.

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