H-1170              _______________________________________________

                                                   HOUSE BILL NO. 1879

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Nelson and Cole

Read first time 2/8/89 and referred to Committee on Commerce & Labor.

AN ACT Relating to unit pricing; adding a new chapter to Title 19 RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     Except as provided in section 3 of this act, any retail establishment selling or offering for sale a commodity subject to unit pricing under this section shall provide unit price information to consumers for the commodity in the manner prescribed by rule by the director of agriculture.   Such unit price information shall be provided for packaged commodities within the following categories of commodities:  Meat, poultry, seafood, fruits, vegetables, fruit and vegetable juices and drinks, dry detergents, soap powders, dry household cleaners, liquid detergents, household cleaners and disinfectants, relishes and condiments, liquid soups, condensed liquid soups, cereals, candy, cookies, crackers, sanitary paper products, foil and film and other rolls of wrapping except gift wrap, cooking oils and shortening, salad dressings, soft drinks, jams, jellies, preserves, peanut butter, coffee, tea, cocoa, table and topping syrups, cheese, natural and processed rice, pet food, toothpaste, personal deodorants, shaving preparations, toilet water and colognes, and hair preparations.

NEW SECTION. Sec. 2.     The director shall adopt rules in accordance with chapter 34.05 RCW interpreting and implementing this chapter.  The director shall consult the latest edition of the "Standard Industrial Classification Manual" published by the federal office of management and budget or its successor agency with regard to the categories of commodities listed in section 1 of this act.  The director shall consult the uniform pricing  regulation contained in the latest edition of "Handbook 130" or its equivalent published by the national bureau of standards or its successor agency in developing rules prescribing the nature of the unit price information that shall be provided to consumers by retail establishments and the manner in which it shall be displayed.

NEW SECTION. Sec. 3.     (1) Section 1 of this act does not apply to:

          (a) Random weight packages priced in accordance with other law and uniform weight packages of cheese and cheese products priced in the same manner and by the same type of equipment as random weight packages;

          (b) Commodities when packaged in quantities of less than one ounce avoirdupois or one fluid ounce or when the total retail price thereof is ten cents or less; or

          (c) Any of the commodities within the categories listed in section 1 of this act when there is only one brand of the commodity and only one size of the packaged commodity appearing in a particular retail establishment.

          (2) The price of each packaged commodity exempted from unit price information requirements by subsection (1) (a) and (c) of this section shall be displayed to consumers in the manner prescribed by rule by the director of agriculture.

NEW SECTION. Sec. 4.     Any commodity sold or offered for sale by a retail establishment in violation of this chapter or the rules of the director adopted under this chapter shall be deemed to be misbranded for the purposes of chapter 69.04 RCW.

NEW SECTION. Sec. 5.  This act shall take effect on September 1, 1989.  The director of agriculture may immediately take such steps as are necessary to ensure that this act is implemented on its effective date.

NEW SECTION. Sec. 6.     Sections 1 through 4 of this act shall constitute a new chapter in Title 19 RCW.