H-4319              _______________________________________________

 

                                          SUBSTITUTE HOUSE BILL NO. 1473

                        _______________________________________________

 

                                                                            C 005 L 88

 

 

State of Washington                              50th Legislature                              1988 Regular Session

 

By House Committee on Agriculture & Rural Development (originally sponsored by Representatives McLean, Doty, Rasmussen and Holm; by request of Department of Agriculture)

 

 

Read first time 1/20/88 and passed to Committee on Rules.

 

 


AN ACT Relating to food processors; amending RCW 69.07.040, 69.07.050, 19.02.110, 69.07.100, and 69.08.045; and repealing RCW 69.12.010, 69.12.020, 69.12.030, 69.12.040, 69.12.050, 69.12.060, 69.12.070, 69.12.080, 69.12.110, 69.12.120, 69.16.010, 69.16.015, 69.16.020, 69.16.021, 69.16.022, 69.16.023, 69.16.030, 69.16.040, 69.16.050, 69.16.060, 69.16.070, 69.16.080, 69.16.090, 69.16.100, 69.16.110, 69.16.115, 69.16.120, 69.16.130, 69.16.160, 69.16.170, 69.16.900, 69.20.005, 69.20.007, 69.20.010, 69.20.011, 69.20.012, 69.20.013, 69.20.014, 69.20.020, 69.20.030, 69.20.040, 69.20.050, 69.20.060, 69.20.070, 69.20.080, 69.20.090, 69.20.110, 69.20.120, 69.20.150, and 69.20.900.

 

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

 

        Sec. 1.  Section 4, chapter 121, Laws of 1967 ex. sess. as amended by section 2, chapter 68, Laws of 1969 and RCW 69.07.040 are each amended to read as follows:

          It shall be unlawful for any person to operate a food processing plant or process foods without first having obtained an annual license from the department, which shall expire on the 31st day of March following issuance.  A separate license shall be required for each food processing plant.  Application for a license shall be on a form prescribed by the director and accompanied by a ((ten)) twenty-five dollar annual license fee.  Such application shall include the full name of the applicant for the license and the location of the food processing plant he intends to operate.  If such applicant is an individual, receiver, trustee, firm, partnership, association or corporation, the full name of each member of the firm or partnership, or names of the officers of the association or corporation shall be given on the application.  Such application shall further state the principal business address of the applicant in the state and elsewhere and the name of a person domiciled in this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant, and any other necessary information prescribed by the director.  Upon the approval of the application by the director and compliance with the provisions of this chapter, including the applicable regulations adopted hereunder by the department, the applicant shall be issued a license or renewal thereof.

 

        Sec. 2.  Section 5, chapter 121, Laws of 1967 ex. sess. and RCW 69.07.050 are each amended to read as follows:

          If the application for renewal of any license provided for under this chapter is not filed prior to April 1st in any year, an additional fee of ((five)) fifteen dollars shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued:  PROVIDED, That such additional fee shall not be charged if the applicant furnishes an affidavit certifying that he or she has not operated a food processing plant or processed foods subsequent to the expiration of his or her license.

 

        Sec. 3.  Section 11, chapter 182, Laws of 1982 and RCW 19.02.110 are each amended to read as follows:

          In addition to the licenses processed under the master license system prior to April 1, 1982, on July 1, 1982, use of the master license system shall be expanded as provided by this section.

          Applications for the following shall be filed with the business license center and shall be processed, and renewals shall be issued, under the master license system:

          (1) Nursery dealer's licenses required by chapter 15.13 RCW;

          (2) Seed dealer's licenses required by chapter 15.49 RCW;

          (3) Pesticide dealer's licenses required by chapter 15.58 RCW;

          (4) Shopkeeper's licenses required by chapter 18.64 RCW;

          (5) Refrigerated locker licenses required by chapter 19.32 RCW;

          (6) Wholesalers licenses and retailers licenses required by  chapter 19.91 RCW;

          (7) ((Bakery licenses and distributor's licenses required by chapter 69.12 RCW; and

          (8))) Egg dealer's licenses required by chapter 69.25 RCW.

 

        Sec. 4.  Section 10, chapter 121, Laws of 1967 ex. sess. as amended by section 168, chapter 3, Laws of 1983 and RCW 69.07.100 are each amended to read as follows:

          The provisions of this chapter shall not apply to establishments issued a permit or licensed under the provisions of:

          (1) Chapter 15.32 RCW, the Dairies and dairy products act;

          (2) ((Chapter 69.12 RCW, the Bakeries and bakery products act;

          (3) Chapter 69.16 RCW, the Macaroni and macaroni products act;

          (4) Chapter 69.20 RCW, the Confections act;

          (5))) Chapter 69.25 RCW, the Washington wholesome eggs and egg products act;

          (((6))) (3) Chapter 69.28 RCW, the Washington state honey act;

          (((7))) (4) Chapter 16.49 RCW, the Meat inspection act;

          (((8))) (5) Title 66 RCW, relating to alcoholic beverage control; and

          (((9))) (6) Chapter 69.30 RCW, the Sanitary control of shellfish act:  PROVIDED, That if any such establishments process foods not specifically provided for in the above entitled acts, such establishments shall be subject to the provisions of this chapter.

          The provisions of this chapter shall not apply to restaurants or food service establishments.

 

        Sec. 5.  Section 2, chapter 27, Laws of 1971 and RCW 69.08.045 are each amended to read as follows:

          It shall be unlawful for any person to manufacture, bake, sell, or offer for sale for human consumption in this state, any specialty breads, or specialty rolls as defined in RCW 69.08.010 or macaroni or macaroni products as defined ((in RCW 69.16.020)) by the department by rule without using enriched white flour in the baking thereof:  PROVIDED, HOWEVER, That those products which contain one hundred percent whole wheat or graham flour are exempted from the requirements of this section.

 

          NEW SECTION.  Sec. 6.  The following acts or parts of acts are each repealed:

                   (1) Section 1, chapter 137, Laws of 1937 and RCW 69.12.010;

          (2) Section 2, chapter 137, Laws of 1937, section 38, chapter 182, Laws of 1982 and RCW 69.12.020;

          (3) Section 3, chapter 137, Laws of 1937, section 39, chapter 182, Laws of 1982 and RCW 69.12.030;

          (4) Section 4, chapter 137, Laws of 1937, section 40, chapter 182, Laws of 1982 and RCW 69.12.040;

          (5) Section 5, chapter 137, Laws of 1937, section 44, chapter 240, Laws of 1967, section 41, chapter 182, Laws of 1982 and RCW 69.12.050;

          (6) Section 6, chapter 137, Laws of 1937 and RCW 69.12.060;

          (7) Section 7, chapter 137, Laws of 1937, section 13, chapter 213, Laws of 1985 and RCW 69.12.070;

          (8) Section 8, chapter 137, Laws of 1937, section 1, chapter 44, Laws of 1939 and RCW 69.12.080;

          (9) Section 10, chapter 137, Laws of 1937 and RCW 69.12.110; and

          (10) Section 11, chapter 137, Laws of 1937 and RCW 69.12.120.

 

          NEW SECTION.  Sec. 7.  The following acts or parts of acts are each repealed:

                   (1) Section 1, chapter 190, Laws of 1939 and RCW 69.16.010;

          (2) Section 2, chapter 190, Laws of 1939 and RCW 69.16.015;

          (3) Section 3, chapter 190, Laws of 1939 and RCW 69.16.020;

          (4) Section 4, chapter 190, Laws of 1939 and RCW 69.16.021;

          (5) Section 5, chapter 190, Laws of 1939 and RCW 69.16.022;

          (6) Section 6, chapter 190, Laws of 1939 and RCW 69.16.023;

          (7) Section 7, chapter 190, Laws of 1939 and RCW 69.16.030;

          (8) Section 8, chapter 190, Laws of 1939 and RCW 69.16.040;

          (9) Section 9, chapter 190, Laws of 1939, section 45, chapter 240, Laws of 1967 and RCW 69.16.050;

          (10) Section 10, chapter 190, Laws of 1939 and RCW 69.16.060;

          (11) Section 11, chapter 190, Laws of 1939 and RCW 69.16.070;

          (12) Section 12, chapter 190, Laws of 1939 and RCW 69.16.080;

          (13) Section 13, chapter 190, Laws of 1939 and RCW 69.16.090;

          (14) Section 14, chapter 190, Laws of 1939 and RCW 69.16.100;

          (15) Section 15, chapter 190, Laws of 1939 and RCW 69.16.110;

          (16) Section 16, chapter 190, Laws of 1939, section 1, chapter 30, Laws of 1961 and RCW 69.16.115;

          (17) Section 17, chapter 190, Laws of 1939, section 2, chapter 30, Laws of 1961 and RCW 69.16.120;

          (18) Section 18, chapter 190, Laws of 1939 and RCW 69.16.130;

          (19) Section 21, chapter 190, Laws of 1939, section 20, chapter 154, Laws of 1979 and RCW 69.16.160;

          (20) Section 22, chapter 190, Laws of 1939 and RCW 69.16.170; and

          (21) Section 23, chapter 190, Laws of 1939 and RCW 69.16.900.

 

          NEW SECTION.  Sec. 8.  The following acts or parts of acts are each repealed:

                   (1) Section 1, chapter 112, Laws of 1939 and RCW 69.20.005;

          (2) Section 2, chapter 112, Laws of 1939 and RCW 69.20.007;

          (3) Section 3, chapter 112, Laws of 1939 and RCW 69.20.010;

          (4) Section 4, chapter 112, Laws of 1939 and RCW 69.20.011;

          (5) Section 5, chapter 112, Laws of 1939 and RCW 69.20.012;

          (6) Section 6, chapter 112, Laws of 1939 and RCW 69.20.013;

          (7) Section 7, chapter 112, Laws of 1939 and RCW 69.20.014;

          (8) Section 8, chapter 112, Laws of 1939 and RCW 69.20.020;

          (9) Section 9, chapter 112, Laws of 1939 and RCW 69.20.030;

          (10) Section 10, chapter 112, Laws of 1939, section 46, chapter 240, Laws of 1967 and RCW 69.20.040;

          (11) Section 11, chapter 112, Laws of 1939 and RCW 69.20.050;

          (12) Section 12, chapter 112, Laws of 1939 and RCW 69.20.060;

          (13) Section 13, chapter 112, Laws of 1939 and RCW 69.20.070;

          (14) Section 14, chapter 112, Laws of 1939 and RCW 69.20.080;

          (15) Section 15, chapter 112, Laws of 1939 and RCW 69.20.090;

          (16) Section 18, chapter 112, Laws of 1939 and RCW 69.20.110;

          (17) Section 19, chapter 112, Laws of 1939 and RCW 69.20.120;

          (18) Section 22, chapter 112, Laws of 1939 and RCW 69.20.150; and

          (19) Section 23, chapter 112, Laws of 1939 and RCW 69.20.900.                            Passed the House January 25, 1988.


Speaker of the House.

Passed the Senate February 29, 1988.

President of the Senate.