Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Agriculture & Natural Resources Committee

HB 1200

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning the labeling of seafood.

Sponsors: Representatives Blake, Wilcox, Takko, Lytton, Klippert, Van De Wege, Nealey, Stanford, Short and Smith.

Brief Summary of Bill

  • Creates a system for the unlawful misbranding of food fish or shellfish.

  • Delegates authority to the Washington State Department of Agriculture (WSDA) in consultation with the Washington Department of Fish and Wildlife to provide procedures for enforcing food fish and shellfish labeling and misbranding.

  • Defines "food fish" and "shellfish" and clarifies the definition of "commercially caught".

  • Establishes a system for identifying the common names for seafood.

  • Allows the WSDA to develop an electronic pamphlet describing seafood labeling requirements.

Hearing Date: 1/30/13

Staff: Cherlyn Walden (786-7296).

Background:

Misbranding

A person if guilty of misbranding, if he or she knowingly:

A person who receives misleading or erroneous information about the species of salmon or whether the salmon is farm-raised or commercially caught, and subsequently inaccurately identifies salmon is not guilty of misbranding.

Definitions

"Commercially caught" mean salmon harvested by commercial fishers.

Agency Authority

The Washington State Department of Agriculture (WSDA) in consultation with the Washington Department of Fish and Wildlife (WDFW) must adopt rules establishing a definition and standard for identifying salmon offered for sale.

Pamphlet

The WSDA is required to develop a pamphlet that generally describes seafood labeling requirements, which must also be provided to the WDFW.

Summary of Bill:

Misbranding

The crime of misbranding is changed to include the following:

A person is guilty of unlawful misbranding of food fish or shellfish if he or she commits one of the above acts. The degree of the crime is determined by the wholesale value of the misbranded food fish or shellfish.

Degree of the offense

Wholesale value of the misbranded food fish or shellfish

Third Degree

Value of less than $500

Second Degree

Value of at least $500, but less than $5,000

First Degree

Value of at least $5,000

Definitions

"Food fish" is defined as fresh or saltwater finfish and other forms of aquatic animal life other than crustaceans, mollusks, birds, and mammals where the animal life is intended for human consumption. "Shellfish" is defined as crustaceans and all mollusks where the animal life is intended for human consumption. "Commercially caught" means wild or hatchery-raised salmon harvested in the wild by commercial fishers. The term does not apply to farmed fish raised exclusively by private sector aquaculture.

Agency Authority

The Washington State Department of Agriculture (WSDA) in consultation with the Washington Department of Fish and Wildlife (WDFW) may establish and implement definitions and identification standards for species of food fish and shellfish that are sold for human consumption. If the common name for a species is not defined by the WSDA, then the common name is as provided by the United States Food and Drug Administration's publication "Seafood list - FDA's guide to acceptable market names for seafood sold in interstate commerce," as the publication existed on the effective date of State law.

The WSDA in consultation with WDFW may also provide procedures for enforcing food fish and shellfish labeling requirements and misbranding prohibitions.

Pamphlets

The WSDA may develop an electronic pamphlet that describes the seafood labeling requirements, which should be provided to the WDFW and holder of any license associated with buying and selling fish or shellfish.

Appropriation: None.

Fiscal Note: Requested.

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