SENATE BILL REPORT

SB 5154

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

Senate Hearing Date(s):February 1, 1989

Majority Report:  Do pass and be referred to Committee on Health Care & Corrections.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Barr, Benitz, DeJarnatt, Kreidler.

Senate Staff:Atsushi Kiuchi (786-7708)

                  February 1, 1989

Senate Committee on Health Care & Corrections

Senate Hearing Date(s):February 14, 1989; February 16, 1989

Majority Report:  Do pass.

      Signed by Senators Smith, Vice Chairman; Amondson, Kreidler, Niemi.

Senate Staff:Scott Plack (786-7409)

                  March 10, 1989

AS PASSED SENATE, MARCH 8, 1989

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).

Appropriation:    none

Revenue:    yes

Fiscal Note:      available

Senate Committee - Testified: ENVIRONMENT & NATURAL RESOURCES:  Paul Trause, DSHS (for); Gary Plews, DSHS (for)

Senate Committee - Testified: HEALTH CARE & CORRECTIONS:  Eric Slagle, DSHS