Brief Description: Concerning the slaughter, preparation, and sale of certain chickens.

Sponsors: Representatives Schoesler, Linville, Cox and Haigh.

Hearing Date: 2/7/03

Staff: Kenneth Hirst (786-7105).

Background:

Under the state's Food Processing Act, it is unlawful for a person to operate a food processing plant or to process foods without obtaining a license from the Department of Agriculture (WSDA). (RCW 69.07.040.) For this purpose, "food processing" is defined broadly. It is the handling or processing of any food in any manner in preparation for sale for human consumption, but does not mean merely washing or trimming fresh fruit or vegetables that are being prepared or packaged for sale in their natural state. (RCW 69.07.010.)

Other provisions of the Act allow the WSDA to require a person who is processing food for retail sale to be licensed if the person is not subject to a local health permit, license, or inspection. These provisions also expressly allow the WSDA to waive the licensure requirement for a milk processing plant that is licensed under the milk laws in certain circumstances. (RCW 69.07.040.)

Federal rules administered by the Food Safety and Inspection Service of the U. S. Department of Agriculture require the inspection of the processing of poultry products. Exempted from the federal inspection requirement is a poultry producer with respect to the poultry the producer raised on his or her own farm that is slaughtered by the producer. To qualify for the exemption, the producer cannot slaughter more than 1,000 poultry during a calendar year, the producer must not buy or sell the poultry products of others, and the poultry cannot move in interstate commerce. (9 Code of Federal Regulations Section 381.10(c).)

Summary of Bill:

The following is exempted from the requirements of the state's Food Processing Act: the slaughter and preparation of 1,000 or fewer chickens in a calendar year by the agricultural producer of the chickens for the sale of the whole or cut-up raw chickens by the producer directly to retail customers.

Appropriation: None.

Fiscal Note: Not Requested.

Effective Date: The bill takes effect ninety days after adjournment of session in which bill is passed.