Brief Description: Concerning salmon labeling requirements.

Sponsors: Representatives McCune, Wallace, B. Sullivan, Moeller, Haler, Campbell, Ahern, Fromhold, Clibborn, Curtis, Linville, Takko, Lantz, Roberts, Kessler, Springer, Walsh, McCoy, Upthegrove, Priest, O'Brien, Woods, Hankins, Ericks, Buri, Tom, Dunn, Kenney, Lovick, Hinkle, Appleton, Skinner, Chase, Dickerson, Blake, Newhouse, Holmquist, Kilmer, Jarrett, Kretz, P. Sullivan, Morrell, Kagi and Hasegawa.

Hearing Date: 2/10/05

Staff: Jeff Olsen (786-7157).

Background:

Except for commercial fishers engaged in sales of fish to a fish buyer, any person who sells fresh or frozen salmon must identify the fish by its common name and identify whether the salmon is farm-raised or commercially caught. The identification must be made to the buyer at the point of sale allowing the buyer to make an informed decision. The Director of the Department of Agriculture (Director) in consultation with the Director of the Department of Fish and Wildlife must adopt rules establishing a reasonable definition and standard of identity for salmon for purposes of identifying and selling salmon. A person who knowingly violates the identification provisions is guilty of misbranding. The Director may impose civil penalties not exceeding $1,000 per violation per day for violations of misbranding or other provisions of Chapter 69.04 RCW.

The Farm Security and Rural Investment Act of 2002 and the 2002 federal Supplemental Appropriations Act directed the Secretary of Agriculture to develop rules notifying customers of the country of origin of certain commodities, including farm-raised and wild fish. An interim rule for mandatory country of origin labeling of fish and shellfish was published in the federal register October 5, 2004, and effective April 4, 2005. Food service establishments, such as restaurants, lunchrooms, cafeterias, food stands, bars, lounges and similar enterprises are exempt from the mandatory labeling requirements.

Summary of Bill:

No person may sell at wholesale or retail any fresh or frozen private sector cultured aquatic salmon without identifying the country in which the salmon was produced. For commercially caught or wild salmon, no person may sell at wholesale or retail any fresh or frozen salmon without identifying the country in which the salmon was landed. For salmon produced or landed in the United States, the label must also include the state in which the salmon was produced or landed. The identification must be made available to the buyer at the point of sale so the buyer can make an informed decision.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.