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                          HOUSE BILL 2397

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State of Washington      57th Legislature     2002 Regular Session

By Representatives Linville, Schoesler and Hunt; by request of Department of Agriculture

Read first time 01/16/2002.  Referred to Committee on Agriculture & Ecology.

Regulating organic food products.

    AN ACT Relating to organic food products; amending RCW 15.86.010, 15.86.020, 15.86.030, 15.86.060, 15.86.070, and 15.86.090; adding a new section to chapter 15.86 RCW; repealing RCW 15.86.031, 15.86.035, 15.86.050, 15.86.080, and 15.86.100; and prescribing penalties.

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

    Sec. 1.  RCW 15.86.010 and 1992 c 71 s 1 are each amended to read as follows:

    The legislature recognizes a public benefit in:

(1) Establishing standards ((for agricultural products marketed and labeled using the term "organic" or a derivative of the term "organic."  Such standards shall also facilitate the development of out-of-state markets for Washington food grown by organic methods)) governing the labeling and advertising of food products and agricultural commodities as organically produced;

(2) Providing certification under the federal organic food production act of 1990, 7 U.S.C. Sec. 6501 et seq., and the rules adopted thereunder for agricultural products marketed and labeled using the term "organic" or a derivative of the term "organic;"

(3) Providing access for Washington producers, processors, and handlers to domestic and international markets for organic food products; and

(4) Establishing a state organic program under the federal organic food production act of 1990, 7 U.S.C. Sec. 6501 et seq., and the rules adopted thereunder.

    Sec. 2.  RCW 15.86.020 and 1992 c 71 s 2 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

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

    (2) "Organic food" means any agricultural product, in whole or in part, including meat, dairy, and beverage, that is marketed using the term organic or any derivative of organic((, other than the phrase "transition to organic food," in its labeling or advertising)) and that is produced, handled, and processed in accordance with this chapter.

    (3) "Producer" means any person or organization who or which grows, raises, or produces an agricultural product.

    (4) (("Vendor" means anyone who sells or arranges the sale of organic food to the consumer or another vendor.)) "Handler" means any person who sells, distributes, or packs organic or transitional products.

    (5) "((Transition to organic)) Transitional food" means any food product that satisfies all of the requirements of organic food except the time requirements ((and satisfied all of the requirements of RCW 15.86.031)) as defined in rule.

    (6) "Organic certifying agent" means any third-party certification organization that is recognized by the director ((by rule)) as being one which imposes, for certification, standards consistent with this chapter.

    (7) "Processor" means any person engaged in the canning, freezing, drying, dehydrating, cooking, pressing, powdering, packaging, baking, heating, mixing, grinding, churning, separating, extracting, cutting, fermenting, eviscerating, preserving, jarring, or otherwise processing organic food.

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

    (9) "Department" means the state department of agriculture.

    (10) "Represent" means to hold out as or to advertise.

    (11) "Sale" means selling, offering for sale, holding for sale, preparing for sale, trading, bartering, offering a gift as an inducement for sale of, and advertising for sale in any media.

    Sec. 3.  RCW 15.86.030 and 1992 c 71 s 3 are each amended to read as follows:

    To be labeled, sold, or represented as an organic food, a product shall be produced ((with only those materials and practices approved)) under standards established under RCW 15.86.060.  A producer, processor, or ((a vendor)) handler shall not represent, sell, or offer for sale any food product with the representation that the product is an organic food if the producer, processor, or ((vendor)) handler knows, or ((in the case of a producer or processor)) has reason to know, that the food has not been ((grown, raised, or produced with the use of any prohibited materials listed by the director)) produced, processed, or handled in accordance with standards established under RCW 15.86.060.  ((Organic animal products shall be considered as "grown, raised, or produced" with a substance listed by the director under RCW 15.86.060 if the substance has been applied to the plants, soil, water, or animal, on or in which the organic animal product is being produced during such time frame as specified by the director by rule.  Other food products shall be considered as "grown, raised, or produced" with a substance listed by the director under RCW 15.86.060 if the substance is applied to the plants, soil, or water, on or in which the food product is being produced at any time from three years before harvest to the final sale to retail purchasers.))

    Sec. 4.  RCW 15.86.060 and 1992 c 71 s 7 are each amended to read as follows:

    (1) The director shall adopt ((such)) rules ((and regulations)), in conformity with chapter 34.05 RCW, as the director believes are appropriate for the adoption of the national organic program under the federal organic food production act of 1990, 7 U.S.C. Sec. 6501 et seq., and the rules adopted thereunder and for the proper administration of this chapter.

    (2) ((The director shall establish a list of approved substances that may be used in the production, processing, and handling of organic food.  This list shall:

    (a) Approve the use of natural substances except for specific natural substances that may not be used in the production and handling of agricultural products labeled as organic because these substances would be harmful to human health or the environment and are inconsistent with organic farming principles;

    (b) Prohibit the use of synthetic substances except for specific synthetic substances that may be used in the production and handling of agricultural products labeled as organic because these substances:

    (i) Would not be harmful to human health or the environment;

    (ii) Are necessary to the production or handling of the agricultural products;

    (iii) Are consistent with organic farming principles; and

    (iv) Are used in the production of agricultural products and contain active synthetic ingredients in the following categories:  Copper and sulfur compounds; toxins derived from bacteria; pheromones; soaps; horticultural oils; vitamins and minerals; livestock parasiticides and medicines; and production aids including netting, tree wraps and seals, insect traps, sticky barriers, row covers, and equipment cleansers; or

    (v) Are used in production and contain synthetic inert ingredients.

    (3))) The director shall issue orders to producers, processors, or ((vendors)) handlers whom he or she finds are violating any provision of this chapter, or rules or regulations adopted under this chapter, to cease their violations and desist from future violations.  Whenever the director finds that a producer, processor, or ((vendor)) handler has committed a violation, the director shall impose on and collect from the violator a civil fine not exceeding the total of the following amounts:  (a) The state's estimated costs of investigating and taking appropriate administrative and enforcement actions in respect to the violation; and (b) one thousand dollars.

    (((4))) (3) The director may deny, suspend, or revoke a certification provided for in this chapter if he or she determines that an applicant or certified person has violated this chapter or rules adopted under it.

    Sec. 5.  RCW 15.86.070 and 1997 c 303 s 4 are each amended to read as follows:

    (1) The director may adopt rules establishing a ((certification)) program for certifying producers, processors, and ((vendors of)) handlers as meeting state, national, or international standards for organic or ((transition to organic)) transitional food.  The rules may govern, but are not limited to governing:  The number and scheduling of on-site visits, both announced and unannounced, by certification personnel; recordkeeping requirements; and the submission of product samples for chemical analysis.  The rules shall include a fee schedule that will provide for the recovery of the full cost of the organic food program.  Fees collected under this section shall be deposited in an account within the agricultural local fund and the revenue from such fees shall be used solely for carrying out the provisions of this section, and no appropriation is required for disbursement from the fund.  The director may employ such personnel as are necessary to carry out the provisions of this section.

    (2) The fees established under this section may be increased in excess of the fiscal growth factor as provided in RCW 43.135.055 for the fiscal year ending June 30, ((1998)) 2003.

    Sec. 6.  RCW 15.86.090 and 1992 c 71 s 8 are each amended to read as follows:

    (1) It is unlawful for any person to sell, offer for sale, or process any agricultural product within this state with an organic label unless that person is certified under this chapter by the department or ((an official)) a recognized organic certifying agent.

    (2) Subsection (1) of this section shall not apply to:

    (a) Final retailers of organic food that do not process organic food products; or

    (b) Producers who sell no more than five thousand dollars annually in value of agricultural products directly to consumers.

NEW SECTION. Sec. 7.  A new section is added to chapter 15.86 RCW to read as follows:

    The department is authorized to take such actions, conduct proceedings, and enter orders as permitted or contemplated for a state organic program under the federal organic food production act of 1990, 7 U.S.C. Sec. 6501 et seq., and the rules adopted thereunder.  The state organic program shall not be inconsistent with the requirements of 7 U.S.C. Sec. 6501 et seq. and the rules adopted thereunder, including 7 C.F.R. Sec. 205.668.  The department shall adopt rules necessary to implement this section.

NEW SECTION. Sec. 8.  The following acts or parts of acts are each repealed:

(1) RCW 15.86.031 ("Transition to organic food"--Out-of-state products) and 1992 c 71 s 4 & 1989 c 354 s 31;

(2) RCW 15.86.035 (Transition to organic food--Proof) and 1989 c 354 s 33;

(3) RCW 15.86.050 (Producers to provide proof of compliance with law) and 1992 c 71 s 5 & 1985 c 247 s 5;

(4) RCW 15.86.080 (Labeling and recordkeeping requirements) and 1992 c 71 s 6; and

(5) RCW 15.86.100 (Drift of prohibited substances--Tolerance levels) and 1992 c 71 s 9.

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