HOUSE BILL REPORT

ESB 6164

BYSenators Newhouse, Talmadge, Warnke, Benitz, Bauer, Rasmussen, Conner, Barr, Moore, Sutherland, Hansen and Kreidler

Revising provisions for the transportation of food products.

House Committe on Agriculture & Rural Development

Majority Report:  Do pass as amended.  (11)

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

House Staff:Kenneth Hirst (786-7105)

Rereferred House Committee on Appropriations

Majority Report:  Do pass as amended by Committee on Agriculture & Rural Development.  (26)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair;  Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Appelwick, Belcher, Bowman, Brekke, Brough, Dorn, Doty, Ferguson, Hine, Inslee, May, McLean, Nealey, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

House Staff:      Susan Nakagawa (786-7145)

AS PASSED HOUSE FEBRUARY 28, 1990

BACKGROUND:

The state's Uniform Food, Drug, and Cosmetic Act is administered by the Department of Agriculture.  Among the actions which are prohibited by the act are adulterating food in intrastate commerce and selling in intrastate commerce food which is adulterated. Violations of these prohibitions are misdemeanors.  In addition, the articles in intrastate commerce in violation of these prohibitions may be embargoed by the director of Agriculture if the director finds or has probable cause to believe that the embargo is necessary to protect the consuming or purchasing public from injury or possible injury.

SUMMARY:

Transportation of Food.  The Uniform Food, Drug, and Cosmetic Act is amended.  New rules are established by statute regarding the transportation of food in intrastate commerce.  The "food" governed by these rules is the following in bulk form only: food for human consumption, components of food, and food-grade substances.  The rules apply to transporting such food as cargo in a commercial motor vehicle, motor truck, trailer, or vessel with a gross weight of more than 10,000 pounds.

Food may not be transported in bulk in the cargo carrying portion of a vehicle or vessel that has been used to transport nonfood in bulk as cargo unless:

(1) The nonfood is on a list of food compatible substances adopted jointly by the director of Agriculture and the secretary of Health, the vehicle or vessel has been cleaned as required by rules of the director and the secretary, and a certificate regarding that cleaning accompanies the vehicle or vessel when the food is transported or, for railroad cars, is available as required by rule; or

(2) The vehicle or vessel has been rehabilitated as required by rules of the director and the secretary, has been inspected by the Department of Agriculture, and a certificate of rehabilitation and inspection is maintained for the life of the vehicle.  The Department may charge reasonable fees regarding these inspections.

Food may not be transported in bulk as cargo in a vehicle or vessel unless the vehicle or vessel is marked "Food or Food Compatible Only" in conformance with rules of the director and the secretary.  Only food or food compatible substances may be transported in bulk as cargo in a vehicle or vessel so marked.

Exempted from these new rules is the transportation of a raw agricultural commodity from the point of its production to the facility at which it is first processed or packaged.

Banned Substances.  The director and the secretary must jointly adopt rules identifying substances which, if transported in bulk as cargo, render the transporting vehicle or vessel permanently unsuitable for use in transporting food in bulk form.  No vehicle or vessel which has transported such a substance in bulk qualifies for rehabilitation for use in transporting food in bulk form.

Penalties.  Civil penalties are established for knowing violations of these requirements or for knowingly causing food to be transported in violation of these requirements.  For a person's first violation, the person is subject to a penalty of up to $5,000, as determined by the director.  For a person's second violation in a five-year period, the person is subject to a penalty of up to $10,000.

Study.  The director and the secretary must examine the potential hazards to the public health posed by the transportation of food in other than bulk form.  They must report their findings and recommendations to the Legislature by January 1, 1992.  The director and the secretary must establish an advisory committee to advise them regarding this examination and must jointly appoint to the committee at least nine persons from various sectors of the food industry.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (Agriculture & Rural Development) John Daly, Department of Agriculture (concept only); Eric Slagle, Department of Health (concept only); and Bill Fritz, Washington Food Processors Council (concept only).

(Appropriations) No one.

House Committee - Testified Against:      (Agriculture & Rural Development) No one.

(Appropriations) No one.

House Committee - Testimony For:    (Agriculture & Rural Development) The provisions of the bill granting the Department of Agriculture 10 additional days to secure a court order enforcing an embargo and those establishing civil penalties for all violations of the Uniform Food, Drug, and Cosmetic (UFDC) Act will assist the department in enforcing the UFDC Act.

(Appropriations) None.

House Committee - Testimony Against:      (Agriculture & Rural Development) (1) The Department of Health should be given a role in establishing the food transportation rules.  (2) The bill should not regulate the transportation of packaged foods and drugs.  The departments of Agriculture and Health should be given more time to examine the transportation hazards for packaged goods.  (3) The transportation of raw agricultural products to processing facilities should be exempted from regulation.

(Appropriations) None.