BILL REQ. #:  H-0595.1 

Read first time 01/25/13.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to the ability of a local legislative authority to regulate genetically modified organisms; amending RCW 69.04.730, 69.04.761, and 69.04.880; adding a new section to chapter 69.04 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; and adding a new section to chapter 36.01 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 69.04 RCW to read as follows:
     (1) Any city, code city, town, or county may, through its local legislative authority, choose to regulate genetically modified organisms consistent with this section. It is within the jurisdiction of the local legislative authority to determine the parameters of regulation, which may include the production, use, advertising, sale, distribution, storage, transportation, formulation, packaging, labeling, certification, registration, propagation, cultivation, raising, or growing of genetically modified organisms consistent with the provisions of this section. Nothing in this section requires a city, code city, town, or county to regulate genetically modified organisms.
     (2) A city, code city, town, or county that chooses to regulate genetically modified organisms may define genetically modified organisms in a way other than as defined in subsection (5) of this section and may exempt certain activities from regulation.
     (3) A city, code city, town, or county that chooses to regulate genetically modified organisms may establish the terms of violation and penalties for violation.
     (4) Nothing in this section authorizes or empowers a city, code city, town, or county from adopting or enforcing an ordinance or other local policy that is less stringent than any laws of statewide applicability in existence at the time when the local policy is adopted or that is adopted for statewide applicability after the local adoption.
     (5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Genetically modified" means an organism, with the exception of human beings, in which genetic material has been altered in a way that does not occur naturally either by mating or natural recombination, or both.
     (b) "Organisms" means any biological entity capable of replication or transferring genetic material.

NEW SECTION.  Sec. 2   A new section is added to chapter 35.21 RCW to read as follows:
     Any city or town ordinance regarding genetically modified organisms, as those terms are defined in section 1 of this act, must be consistent with section 1 of this act.

NEW SECTION.  Sec. 3   A new section is added to chapter 35A.21 RCW to read as follows:
     Any code city ordinance regarding genetically modified organisms, as those terms are defined in section 1 of this act, must be consistent with section 1 of this act.

NEW SECTION.  Sec. 4   A new section is added to chapter 36.01 RCW to read as follows:
     Any county ordinance regarding genetically modified organisms, as those terms are defined in section 1 of this act, must be consistent with section 1 of this act.

Sec. 5   RCW 69.04.730 and 1947 c 25 s 91 are each amended to read as follows:
     Except for regulations under section 1 of this act, the authority to ((promulgate regulations)) adopt rules for the efficient enforcement of this chapter is hereby vested in the director: PROVIDED, HOWEVER, That the director shall designate the Washington state board of pharmacy to carry out all the provisions of this chapter pertaining to drugs and cosmetics, with authority to ((promulgate regulations)) adopt rules for the efficient enforcement thereof.

Sec. 6   RCW 69.04.761 and 1963 c 198 s 13 are each amended to read as follows:
     Except for regulations under section 1 of this act, the director shall hold a public hearing upon a proposal to ((promulgate)) adopt any new or amended ((regulation)) rule under this chapter. The procedure to be followed concerning such hearings shall comply in all respects with chapter 34.05 RCW (administrative procedure act) as now enacted or hereafter amended.

Sec. 7   RCW 69.04.880 and 1991 c 162 s 2 are each amended to read as follows:
     Except for violations of section 1 of this act, whenever the director finds that a person has committed a violation of a provision of this chapter, the director may impose upon and collect from the violator a civil penalty not exceeding one thousand dollars per violation per day. Each and every such violation shall be a separate and distinct offense. Imposition of the civil penalty shall be subject to a hearing in conformance with chapter 34.05 RCW.