Passed by the House February 18, 2013 Yeas 96   FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 16, 2013 Yeas 47   BRAD OWEN ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1200 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk | |
Approved May 20, 2013, 2:27 p.m. JAY INSLEE ________________________________________ Governor of the State of Washington | May 20, 2013 Secretary of State State of Washington |
State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 02/07/13.
AN ACT Relating to labeling of seafood; amending RCW 69.04.060, 69.04.928, 69.04.932, 69.04.933, 69.04.934, and 69.04.935; reenacting and amending RCW 9.94A.515; adding a new section to chapter 69.04 RCW; repealing RCW 69.04.315; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 69.04.060 and 2003 c 53 s 314 are each amended to read
as follows:
Except as otherwise provided in this chapter, any person who
violates any provision of RCW 69.04.040 is guilty of a misdemeanor and
shall on conviction thereof be subject to the following penalties:
(1) A fine of not more than two hundred dollars; or
(2) If the violation is committed after a conviction of such person
under this section has become final, imprisonment for not more than
thirty days, or a fine of not more than five hundred dollars, or both
such imprisonment and fine.
Sec. 2 RCW 69.04.928 and 2002 c 301 s 11 are each amended to read
as follows:
The department of agriculture ((must)) may:
(1) Develop a pamphlet that generally describes the labeling
requirements for seafood((,)) as set forth in this chapter((, and));
(2) Provide ((an adequate quantity of)) to the department of fish
and wildlife a website link to the pamphlet((s to the department of
fish and wildlife to distribute with the issuance of a direct retail
endorsement under RCW 77.65.510)); and
(3) Make the pamphlet available to holders of any license
associated with buying and selling fish or shellfish under chapter
77.65 RCW.
Sec. 3 RCW 69.04.932 and 1993 c 282 s 2 are each amended to read
as follows:
((Unless the context clearly requires otherwise,)) The definitions
in this section apply throughout ((RCW 69.04.933 through 69.04.935))
this chapter unless the context clearly requires otherwise.
(1) "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.
(2) "Food fish" means 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.
(3) "Salmon" means all species of the genus Oncorhynchus, except
those classified as game fish in ((Title 77)) RCW 77.08.020, and
includes:
SCIENTIFIC NAME | COMMON NAME | |
Oncorhynchus tshawytscha | Chinook salmon or king salmon | |
Oncorhynchus kisutch | Coho salmon or silver salmon | |
Oncorhynchus keta | Chum or "keta" salmon | |
Oncorhynchus gorbuscha | Pink salmon | |
Oncorhynchus nerka | Sockeye or "red" salmon | |
Salmo salar (in other than | Atlantic salmon | |
its landlocked form) |
Sec. 4 RCW 69.04.933 and 1993 c 282 s 3 are each amended to read
as follows:
((With the exception of a commercial fisher engaged in sales of
fish to a fish buyer, no person may sell)) (1) It is unlawful to
knowingly sell or offer for sale at wholesale or retail any fresh
((or)), frozen ((salmon)), or processed food fish or ((cultured aquatic
salmon)) shellfish without identifying for the buyer at the point of
sale the species of ((salmon)) food fish or shellfish by its common
name ((to the buyer at the point of sale)), such that the buyer can
make an informed purchasing decision ((in purchasing)) for his or her
protection, health, and safety. ((A person knowingly violating this
section is guilty of misbranding under this chapter. A person who
receives misleading or erroneous information about the species of
salmon and subsequently inaccurately identifies salmon shall not be
guilty of misbranding. This section shall not apply to salmon that is
minced, pulverized, coated with batter, or breaded.))
(2) It is unlawful to knowingly label or offer for sale any food
fish designated as halibut, with or without additional descriptive
words, unless the food fish product is Hippoglossus hippoglossus or
Hippoglossus stenolepsis.
(3) This section does not apply to salmon that is minced,
pulverized, coated with batter, or breaded.
(4) This section does not apply to a commercial fisher properly
licensed under chapter 77.65 RCW and engaged in sales of fish to a fish
buyer.
(5) A violation of this section constitutes misbranding under
section 7 of this act and is punishable as a misdemeanor, gross
misdemeanor, or felony depending on the fair market value of the fish
or shellfish involved in the violation.
(6)(a) The common names for salmon species are as listed in RCW
69.04.932.
(b) The common names for all other food fish and shellfish are the
common names for food fish and shellfish species as defined by rule of
the director. If the common name for a species is not defined by rule
of the director, then the common name is the acceptable market name or
common name as provided in 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 this section.
(7) For the purposes of this section, "processed" means food fish
or shellfish processed by heat for human consumption, such as food fish
or shellfish that is kippered, smoked, boiled, canned, cleaned,
portioned, or prepared for sale or attempted sale for human
consumption.
(8) Nothing in this section precludes using additional descriptive
language or trade names to describe food fish or shellfish as long as
the labeling requirements in this section are met.
Sec. 5 RCW 69.04.934 and 2003 c 39 s 29 are each amended to read
as follows:
((With the exception of a commercial fisher engaged in sales of
fish to a fish buyer, no person may sell at wholesale or retail any
fresh or frozen:))
(1) It is unlawful to knowingly sell or offer for sale at wholesale
or retail any fresh, frozen, or processed salmon without identifying
private sector cultured aquatic salmon ((without identifying the)) or
salmon products as farm-raised salmon((; or)), or identifying commercially caught salmon ((
(2)designated as
food fish under Title 77 RCW without identifying the)) or salmon
products as commercially caught salmon.
(2) Identification of the products under subsection((s)) (1) ((and
(2))) of this section ((shall)) must be made to the buyer at the point
of sale such that the buyer can make an informed purchasing decision
((in purchasing)) for his or her protection, health, and safety.
(3) A ((person knowingly violating)) violation of this section ((is
guilty of)) constitutes misbranding under ((this chapter. A person who
receives misleading or erroneous information about whether the salmon
is farm-raised or commercially caught, and subsequently inaccurately
identifies salmon shall not be guilty of misbranding)) section 7 of
this act and is punishable as a misdemeanor, gross misdemeanor, or
felony depending on the fair market value of the fish or shellfish
involved in the violation.
(4) This section ((shall)) does not apply to salmon that is minced,
pulverized, coated with batter, or breaded.
(5) This section does not apply to a commercial fisher properly
licensed under chapter 77.65 RCW and lawfully engaged in the sale of
fish to a fish buyer.
(6) Nothing in this section precludes using additional descriptive
language or trade names to describe food fish or shellfish as long as
the labeling requirements of this section are met.
Sec. 6 RCW 69.04.935 and 1994 c 264 s 39 are each amended to read
as follows:
To promote honesty and fair dealing for consumers and to protect
public health and safety, the director, in consultation with the
director of the department of fish and wildlife, ((shall)) may adopt
rules as necessary to:
(1) ((Fixing and establishing)) Establish and implement a
reasonable definition and identification standard ((of identity for
salmon for purposes of identifying and selling salmon)) for species of
food fish and shellfish that are sold for human consumption;
(2) ((Enforcing RCW 69.04.933 and 69.04.934)) Provide procedures
for enforcing this chapter's food fish and shellfish labeling
requirements and misbranding prohibitions.
NEW SECTION. Sec. 7 A new section is added to chapter 69.04 RCW
to read as follows:
(1) A person is guilty of unlawful misbranding of food fish or
shellfish in the third degree if the person commits an act that
violates RCW 69.04.933 or 69.04.934, and the misbranding involves food
fish or shellfish with a fair market value up to five hundred dollars.
Unlawful misbranding of food fish or shellfish in the third degree is
a misdemeanor.
(2) A person is guilty of unlawful misbranding of food fish or
shellfish in the second degree if the person commits an act that
violates RCW 69.04.933 or 69.04.934, and the misbranding involves food
fish or shellfish with a fair market value of five hundred dollars or
more, up to five thousand dollars. Unlawful misbranding of food fish
or shellfish in the second degree is a gross misdemeanor.
(3) A person is guilty of unlawful misbranding of food fish or
shellfish in the first degree if the person commits an act that
violates RCW 69.04.933 or 69.04.934, and the misbranding involves food
fish or shellfish with a fair market value of five thousand dollars or
more. Unlawful misbranding of food fish or shellfish in the first
degree is a class C felony.
Sec. 8 RCW 9.94A.515 and 2012 c 176 s 3 and 2012 c 162 s 1 are
each reenacted and amended to read as follows:
TABLE 2 | ||
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
XVI | ||
XV | ||
XIV | ||
XIII | ||
XII | ||
XI | ||
X | ||
IX | ||
VIII | ||
VII | ||
VI | ||
V | ||
IV | ||
III | ||
Escape 2 (RCW 9A.76.120) | ||
Unlawful Misbranding of Food Fish or Shellfish 1 (section 7(3) of this act) | ||
II | ||
I | ||
NEW SECTION. Sec. 9 RCW 69.04.315 (Halibut -- Misbranding by
failure to show proper name) and 1967 ex.s. c 79 s 1 are each repealed.