AN ACT Relating to the transport of substances in tank vehicles; amending RCW 69.04.210; reenacting and amending RCW 46.63.020; adding a new section to chapter 46.61 RCW; adding a new section to chapter 69.04 RCW; adding a new section to chapter 81.56 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. A new section is added to chapter 46.61 RCW to read as follows:

(1) Except as provided in subsection (2) of this section and in section 2 of this act, it is unlawful for any person to transport in intrastate commerce a food in a tank vehicle that has been used for transporting a cargo other than a food. Any person who transports a cargo in violation of this section or who causes a cargo to be transported in violation of this section is guilty of a gross misdemeanor.

As used in this section, "food" means any food as defined in RCW 69.04.008 and "tank vehicle" means a tank vehicle as defined in RCW 46.25.010.

(2) A tank vehicle that has been used to transport a cargo other than a food may be used to transport a food if, prior to transporting the food, the tank of the vehicle is inspected by the department of agriculture, the department finds that a food transported in the tank would not be contaminated by the previous cargoes, and a certificate of this inspection and finding is carried by the transporter at the time a food is transported. Such a certificate is invalid and does not satisfy the requirements of this subsection if a cargo other than a food is transported in the tank vehicle after the inspection and before the food is transported. The provisions of this subsection do not apply if the cargo other than food which has been transported is a substance listed by the director of agriculture in rules adopted under section 2 of this act.

NEW SECTION. Sec. 2. A new section is added to chapter 69.04 RCW to read as follows:

The director of agriculture shall adopt by rule a list of substances other than food that may be transported as cargo in a tank vehicle, as defined in RCW 46.25.010, or a railroad tank car that is also used, on separate occasions, to transport food. The list shall contain those substances which the director believes will not likely cause contamination of food if the food were subsequently transported in a tank vehicle or tank car which has transported the substance. In making this determination, the director shall assume that some residual portion of the substance would remain in the tank or the vehicle or car when the food is transported.

Transporting food in a tank vehicle or railroad tank car that has previously been used to transport a substance contained on the list adopted by the director under this section does not constitute a violation of section 1 or 4 of this act.

Sec. 3. Section 39, chapter 257, Laws of 1945 as amended by section 1, chapter 198, Laws of 1963 and RCW 69.04.210 are each amended to read as follows:

A food shall be deemed to be adulterated:

(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health; or

(2) (a) If it bears or contains any added poisonous or added deleterious substance (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive, or (iii) a color additive) which is unsafe within the meaning of RCW 69.04.390, or (b) if it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of RCW 69.04.392, or (c) if it is, or it bears or contains, any food additive which is unsafe within the meaning of RCW 69.04.394: PROVIDED, That where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under RCW 69.04.392 and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed food shall, notwithstanding the provisions of RCW 69.04.390 and 69.04.394, not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed food when ready to eat is not greater than the tolerance prescribed for the raw agricultural commodity; or

(3) If it consists in whole or in part of any diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; or

(4) If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health; or

(5) If it is in whole or in part the product of a diseased animal or of an animal which has died otherwise than by slaughter or which has been fed on the uncooked offal from a slaughterhouse; or

(6) If its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; ((or))

(7) If it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to RCW 69.04.394; or

(8) If it has been transported in violation of section 1 or 4 of this act.

NEW SECTION. Sec. 4. A new section is added to chapter 81.56 RCW to read as follows:

(1) Except as provided in subsection (2) of this section and in section 2 of this act, it is unlawful for any person to transport in intrastate commerce a food in a railroad tank car, designed to transport liquid cargo, that has been used for transporting a cargo other than a food. Any person who transports a cargo in violation of this section or who causes a cargo to be transported in violation of this section is guilty of a gross misdemeanor.

As used in this section, "food" means any food as defined in RCW 69.04.008.

(2) A tank car that has been used to transport a cargo other than a food may be used to transport a food if, prior to transporting the food, the tank is inspected by the department of agriculture, the department finds that a food transported in the tank would not be contaminated by the previous cargoes, and a certificate of this inspection and finding is carried by the transporter at the time a food is transported. Such a certificate is invalid and does not satisfy the requirements of this subsection if a cargo other than a food is transported in the tank after the inspection and before the food is transported. The provisions of this subsection do not apply if the cargo other than food which has been transported is a substance listed by the director of agriculture in rules adopted under section 2 of this act.

Sec. 5. Section 20, chapter 111, Laws of 1989, section 27, chapter 178, Laws of 1989, section 8, chapter 353, Laws of 1989 and RCW 46.63.020 are each reenacted and amended to read as follows:

Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:

(1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;

(2) RCW 46.09.130 relating to operation of nonhighway vehicles;

(3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;

(4) RCW 46.10.130 relating to the operation of snowmobiles;

(5) Chapter 46.12 RCW relating to certificates of ownership and registration;

(6) RCW 46.16.010 relating to initial registration of motor vehicles;

(7) RCW 46.16.011 relating to permitting unauthorized persons to drive;

(8) RCW 46.16.160 relating to vehicle trip permits;

(9) RCW 46.16.381(8) relating to unauthorized acquisition of a special decal, license plate, or card for disabled persons' parking;

(10) RCW 46.20.021 relating to driving without a valid driver's license;

(11) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;

(12) RCW 46.20.342 relating to driving with a suspended or revoked license;

(13) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;

(14) RCW 46.20.416 relating to driving while in a suspended or revoked status;

(15) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license;

(16) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;

(17) RCW 46.25.170 relating to commercial driver's licenses;

(18) Chapter 46.29 RCW relating to financial responsibility;

(19) RCW 46.30.040 relating to providing false evidence of financial responsibility;

(20) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

(21) RCW 46.48.175 relating to the transportation of dangerous articles;

(22) RCW 46.52.010 relating to duty on striking an unattended car or other property;

(23) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

(24) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

(25) RCW 46.52.100 relating to driving under the influence of liquor or drugs;

(26) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;

(27) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

(28) RCW 46.55.035 relating to prohibited practices by tow truck operators;

(29) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;

(30) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

(31) RCW 46.61.022 relating to failure to stop and give identification to an officer;

(32) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

(33) RCW 46.61.500 relating to reckless driving;

(34) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

(35) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

(36) RCW 46.61.522 relating to vehicular assault;

(37) RCW 46.61.525 relating to negligent driving;

(38) RCW 46.61.530 relating to racing of vehicles on highways;

(39) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

(40) RCW 46.61.--- (section 1 of this act) relating to the unlawful transport of food in tank vehicles;

(41) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

((~~(41)~~)) (42) RCW 46.64.020 relating to nonappearance after a written promise;

((~~(42)~~)) (43) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

((~~(43)~~)) (44) Chapter 46.65 RCW relating to habitual traffic offenders;

((~~(44)~~)) (45) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;

((~~(45)~~)) (46) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

((~~(46)~~)) (47) Chapter 46.80 RCW relating to motor vehicle wreckers;

((~~(47)~~)) (48) Chapter 46.82 RCW relating to driver's training schools;

((~~(48)~~)) (49) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;

((~~(49)~~)) (50) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.