CERTIFICATION OF ENROLLMENT

SENATE BILL 6471

Chapter 40, Laws of 2002

(partial veto)

57th Legislature

2002 Regular Session

AGRICULTURAL PRODUCTS--LABELING

EFFECTIVE DATE: 6/13/02

Passed by the Senate February 14, 2002

YEAS 46 NAYS 0

BRAD OWEN

President of the Senate

Passed by the House March 5, 2002

YEAS 87 NAYS 9

CERTIFICATE

I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6471 as passed by the Senate and the House of Representatives on the dates hereon set forth.

FRANK CHOPP

Speaker of the

House of Representatives

TONY M. COOK

Secretary

Approved March 14, 2002, with the exception of subsection 3, which is vetoed

FILED

March 14, 2002 - 11:23 a.m.

GARY LOCKE

Governor of the State of Washington

Secretary of State

State of Washington

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SENATE BILL 6471

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Passed Legislature - 2002 Regular Session

State of Washington 57th Legislature 2002 Regular Session

By Senators Honeyford, Rasmussen, Johnson, Sheahan, Stevens, Swecker, Shin, Parlette, Deccio, McCaslin, Hochstatter, Gardner, Hewitt, Spanel, Kastama, Regala, Eide, Oke, Hale and Keiser

Read first time 01/17/2002. Referred to Committee on Agriculture & International Trade.

AN ACT Relating to labeling of agricultural products by place of origin; adding a new section to chapter 15.04 RCW; 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 15.04 RCW to read as follows:

(1) The legislature finds that it is a common practice for consumers to be provided information as to the country origin for many products available to them for purchase. The legislature finds that consumers have a right to know the origin of the fresh fruits and vegetables being offered to them at retail sale. The legislature finds that there is value to the consumer being able to make an informed buying decision as to whether the fresh fruit or vegetable was produced under standards and conditions required in the United States. Further, the legislature finds that consumers should be given the ability to make an informed choice to buy fresh fruits and vegetables that are grown in Washington state as a means of supporting the economy of the state.

(2) Stores or other businesses offering fresh fruit and vegetables for retail sale to consumers shall place a placard on the bin, shelf, or other location the product is displayed that informs the consumer where the fruit or vegetable was grown if it was grown in the United States or grown in Washington. The placard shall indicate that the product was either "Grown in United States" or "Grown in Washington." Placards are not required if (a) the product was grown outside of the United States, or (b) each item in the bin, shelf, or other location contains a sticker or label that indicates where the fruit or vegetable product was grown.

(3) The department shall administer this section. If the store or other retail location is found to be in violation of this section, for the first violation per location each calendar year, the department shall issue a warning. For a second violation for the same location in the same calendar year, the department may issue a civil fine of up to two hundred fifty dollars. For the third and subsequent violations for the same location in the same calendar year, the department may issue a civil fine of up to one thousand dollars.

*Sec. 1 was partially vetoed. See message at end of chapter.

Note: Governor's explanation of partial veto is as follows:

"I am returning herewith, without my approval as to subsection 3, Senate Bill No. 6471 entitled:

"AN ACT Relating to labeling of agricultural products by place of origin;"

Senate Bill No. 6471 requires grocery stores or other businesses offering fresh fruit and vegetables to either display a placard near the produce stating if it was "Grown in the United States" or "Grown in Washington," or to label each piece of produce individually. Subsection 3 of the bill would have allowed a retailer failing to do so to be fined up to $250 on the second violation and up to $1000 on the third violation in a calendar year.

I agree with the intent of the bill, which is to reveal the origin of produce to consumers. However, the penalties established in subsection 3 of the bill are excessive. Subsection 3 would normally be a separate section, and even refers to itself as a section. For these and other reasons, it is subject to veto.

For these reasons, I have vetoed subsection 3 of Senate Bill No. 6471.

With the exception of subsection 3, Senate Bill No. 6471 is approved."