Brief Description: Concerning adulterated commercial feed.

Sponsors: Senate Committee on Agriculture & Rural Economic Development (originally sponsored by Senators Fraser, Schoesler, Rasmussen and Swecker).

Senate Committee on Agriculture & Rural Economic Development
House Committee on Economic Development, Agriculture & Trade

Background: The federal Food and Drug Administration has adopted rules as part of the prevention system for spread of bovine spongiform encephalopathy (BSE) that prohibits the use of by-products of ruminant animals as feed supplements for other ruminants. This is commonly referred to as the ruminant to ruminant feed ban. The Washington State Department of Agriculture administers the state commercial feed laws which also includes this federal rule.

It is a misdemeanor to distribute adulterated commercial feed in the State of Washington. The penalty under current law is a fine of up to $50 for the first offense and up to $250 for a second offense.

Summary: Language is added to include within the definition of adulterated commercial feed any ruminant feed that contains any animal protein that is prohibited and listed as unsafe pursuant to the current federal regulations that are in place under the federal Food, Drug, and Cosmetic Act. The penalty for intentionally violating the provision is increased from a misdemeanor to a gross misdemeanor. Gross misdemeanors are punishable by a fine not to exceed $5,000 and up to one year in jail.

Other violations of the feed law are considered as standard misdemeanors which are punishable by a fine of up $1,000 and up to ninety days in jail.

Votes on Final Passage:

Senate      48   0
House      93   0

Effective: July 24, 2005