HOUSE BILL REPORT

HB 2555

As Amended by the Senate

BYRepresentatives Rayburn, Nealey, McLean and Rasmussen; by request of Department of Agriculture

Repealing the Washington Animal Remedy Act.

House Committe on Agriculture & Rural Development

Majority Report:  Do pass.  (12)

      Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Nealey, Ranking Republican Member; Baugher, Chandler, Doty, Grant, Jesernig, Kirby, McLean, Rasmussen and Youngsman.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE FEBRUARY 6, 1990

BACKGROUND:

The Uniform Washington Food, Drug, and Cosmetic Act is administered by the Department of Agriculture.  Among the substances regulated in intrastate commerce under the act are (1) articles used for food or drink for humans or other animals and (2) drugs intended to affect the structure or function of the body of a human or other animal.

The Washington Animal Remedy Act is administered by the director of Agriculture.  This act regulates the registration, distribution, and sale of "livestock remedies," which include those for any animal under human control and adapted to human use or pleasure.

The livestock diseases and quarantine statutes are also administered by the director.  Under these laws, the director has the authority to regulate the sale, distribution, and use of veterinary biologics to protect the health and safety of the public and the state's animal population.

SUMMARY:

The Washington Animal Remedy Act is repealed.

The repealed act regulates the registration, distribution, and sale of "livestock remedies;" permits the director of Agriculture to investigate applications for registration; provides grounds for refusing to grant a registration and for cancelling a registration; and requires registration fees to be deposited in the Agriculture Local Fund for use in administering the act.

The repealed provisions also prohibit remedies from containing injurious ingredients or those that are known to be of little or no value for the purpose they are intended; prohibit persons from making false or misleading claims regarding remedies; permit the director to gain entry to facilities manufacturing, distributing, or selling remedies, and to take samples; and authorize the director to seize prohibited products.  The repealed provisions also grant the director rule- making authority regarding the act and prescribe penalties for violations of the act.

EFFECT OF SENATE AMENDMENTS:  The amendments require the director of Agriculture to examine, upon the recommendation of the Dairy Products Commission, the potential impact of livestock remedies which, if used in dairy operations, may affect consumer acceptance and purchases of dairy products.  "Livestock remedies" include all substances sold for domestic animals as preventive, inhibitive, or curative medicines or for their stimulating, invigorating, or other powers.

The director may adopt rules temporarily restricting the use of such a remedy by milk producers if the commission finds that its use has caused or will cause the consumption of dairy products to be reduced significantly and poses a threat to the economic vitality of the state's dairy industry.  Such a rule may remain in effect only until consumer acceptance of the restricted remedy has been achieved.  It may not apply to agricultural commodities used as feed by dairy producers.  A violator of such a rule may be subjected to a civil penalty of not more than $5,000 for each violation.

These provisions expire on June 30, 1993.

Revenue:    The bill has a revenue impact for the Agriculture Local Fund.

Fiscal Note:      Requested January 15, 1990.

House Committee ‑ Testified For:    Mike Schwisow, Department of Agriculture.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    (1) The bill removes registration requirements which, for most products, duplicate federal requirements.  For those items registered only under this law, such as over-the-counter wormers, liniments, and balms, the department has no record of a complaint or administrative action in 28 years.  (2) The registration fees paid under the act pay only for the cost of processing applications.

House Committee - Testimony Against:      None.

VOTE ON FINAL PASSAGE:

      Yeas 97; Excused 1

Excused:    Representative Miller