FINAL BILL REPORT

SB 6164

                              C 202 L 90

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

Revising provisions for the transportation of food products.

Senate Committee on Health & Long-Term Care

House Committe on Agriculture & Rural Development

Rereferred House Committee on Appropriations

SYNOPSIS AS ENACTED

BACKGROUND:

Current state law does not specifically prohibit or regulate the practice of intrastate transport of bulk food products in the same truck tanker, railway hopper car, or shipping vessel which previously transported other substances that could contaminate the food.  Recent reports have indicated that this practice occurs and concerns have been raised about public health consequences of such practices.

SUMMARY:

The Uniform Food, Drug and Cosmetic Act is amended to regulate intrastate transport of bulk food products.  The Director of Agriculture and the Secretary of Health, in consultation with other state agencies and the food product and transport industries, are directed to adopt joint rules and the Department of Agriculture is designated to enforce the regulations.

Vehicles are subject to regulation if used for commercial transport of bulk food-related products and have a gross weight of 10,000 pounds or more.  This includes:  motor vehicles, motor trucks, trailers, railway cars and water conveyance vessels.  The transport of raw agricultural commodities from the point of production to the first facility of processing or packaging is exempt from regulation.

Food-related products include any bulk articles used for food or drink by humans, any components used in making food or drink, and food-grade substances which are used as food additives or used in processing or sanitizing of food or drink for human consumption or the maintenance of food processing equipment.

Further rules are to be developed to identify food-compatible substances that do not pose a hazard to human health.  Procedures are to be established for cleaning vehicles between shipments of nonfood and food-related or food-compatible substances.  Certificates are to be issued by parties responsible for cleaning vehicles which attest that the vehicle has been cleaned according to state standards.  The certificates are to be maintained by the owner for at least three years.

The intrastate transport of food-related and food-compatible products shall be permitted only in vehicles marked as "food or food-compatible."

Procedures are to be established to rehabilitate vehicles previously used to transport nonfood substances so they may safely transport food-related and food-compatible substances.  The Department of Agriculture shall inspect rehabilitated vehicles and certify that they meet state standards.  Fees may be established by the director to recover the costs incurred by the agency.

The director and the secretary are required to identify a list of banned substances which render a vehicle permanently unsuitable for use in transporting bulk food-related or food-compatible substances.  Vehicles carrying banned substances may not be rehabilitated.

Civil penalties are established for violations of the intrastate food transport regulations.  A fine of no more than $5,000 shall be assessed for the first violation or the first violation within a five-year period.  Subsequent violations are subject to a fine of no more than $10,000.

The Director of Agriculture and the Secretary of Health, in consultation with industry, are directed to study the possible contamination and health hazards associated with mixed shipment of packaged food-related and nonfood items.  A report to the Legislature is due by January 1, 1992.

VOTES ON FINAL PASSAGE:

     Senate   48    0

     House 97  0 (House amended)

     Senate   41    0 (Senate concurred)

EFFECTIVE:June 7, 1990