FINAL BILL REPORT

SB 5154

                              C 200 L 89

BYSenators West and Kreidler; by request of Department of Social and Health Services

Providing for sanitary control of shellfish.

Senate Committee on Environment & Natural Resources and Committee on Health Care & Corrections

House Committe on Health Care

SYNOPSIS AS ENACTED

BACKGROUND:

The Department of Social and Health Services (DSHS) administers sanitation requirements for commercial shellfish growing areas and shellfish plant facilities and operations.

The growing demand for shellfish products has resulted in increased illegal harvesting of shellfish from unapproved growing areas.  Current statutes allow DSHS to revoke the licenses of persons involved in illegal harvesting.  Those persons are also subject to criminal penalties.  There currently are no provisions for addressing civil penalties.

SUMMARY:

Language is added to the Sanitary Shellfish Control Act (RCW 69.30) establishing provisions for sanitary control of shellfish.  The Department of Social and Health Services (DSHS) is authorized to assess civil penalties of up to $500 per day for each violation.  The department is granted authority to remit or mitigate the penalty when it deems such action as proper.  A violator receiving a civil penalty from DSHS may pursue an adjudicative proceeding under the Administrative Procedure Act (RCW 34.05).

VOTES ON FINAL PASSAGE:

     Senate   44    0

     House 95  0

EFFECTIVE:July 23, 1989