BILL REQ. #:  S-2105.2 

READ FIRST TIME 02/25/09.   

     AN ACT Relating to naturally raised beef cattle; adding a new chapter to Title 15 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of agriculture.
     (2) "Director" means the director of the department of agriculture or the director's designee.
     (3) "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.
     (4) "Represent" means to hold out as or to advertise.
     (5) "Sell" 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.

NEW SECTION.  Sec. 2   (1) The department shall administer a program to certify and market beef cattle from Washington as either Washington-certified natural beef cattle or Washington-certified natural grass-fed beef cattle.
     (2) To qualify as Washington-certified natural beef cattle, cattle must be born and raised in Washington and raised and finished in compliance with "United States standards for livestock and meat marketing claims, naturally raised claim for livestock and the meat and meat products derived from such livestock," 74 Fed. Reg. 3541 (2009).
     (3) To qualify as Washington-certified natural grass-fed beef cattle, cattle must meet the requirements of subsection (2) of this section and must also be raised and finished in compliance with "United States standards for livestock and meat marketing claims, grass (forage) fed claim for ruminant livestock and the meat products derived from such livestock," 72 Fed. Reg. 58631 (2007).

NEW SECTION.  Sec. 3   The department shall include promotion of beef from Washington-certified natural beef cattle and Washington-certified natural grass-fed beef cattle in its agricultural product marketing programs.

NEW SECTION.  Sec. 4   The department shall adopt rules that:
     (1) Specify certification standards, including recordkeeping and verification protocols that require:
     (a) Maintaining cattle birth and health records, including vaccine lot numbers, vaccine manufacturers, and vaccination dates; and
     (b) At least one inspection of the farm or ranch of origin; and
     (2) Establish necessary fees to recover costs of providing certification and inspection or other services.

NEW SECTION.  Sec. 5   To be labeled, sold, or represented as beef from either Washington-certified natural beef cattle or Washington-certified natural grass-fed beef cattle, the beef must have been harvested from cattle certified under standards established under this chapter.

NEW SECTION.  Sec. 6   All moneys collected under this chapter must be paid to the director, deposited in an account within the agricultural local fund, and used solely for carrying out the purposes of this chapter and rules adopted under this chapter.

NEW SECTION.  Sec. 7   The director may enter at reasonable times as determined by the director and inspect any facility and any records required under this chapter. The director may take for inspection those representative samples necessary to determine whether this chapter or rules adopted under this chapter have been violated.

NEW SECTION.  Sec. 8   The director may bring an action to enjoin any violation of this chapter or rule adopted under this chapter in the superior court of Thurston county or of any county in which a violation occurs, notwithstanding the existence of other remedies at law.

NEW SECTION.  Sec. 9   Any person who violates the provisions of this chapter or rules adopted under this chapter may be subject to:
     (1) A civil penalty in an amount of not more than five hundred dollars for each violation; and
     (2) Denial, revocation, or suspension of any certification issued under this chapter. Upon notice by the director to deny, revoke, or suspend a certification, a person may request a hearing under chapter 34.05 RCW.

NEW SECTION.  Sec. 10   Sections 1 through 9 of this act constitute a new chapter in Title 15 RCW.