H-3299              _______________________________________________

                                                   HOUSE BILL NO. 2270

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Heavey, Ballard, Phillips, Rayburn, Walker, Rasmussen, H. Myers, Todd, Crane, Jacobsen, Wolfe, Ferguson, Day, D. Sommers, Nealey, Doty, Rector, Haugen, Brumsickle, Spanel, Cooper, Silver, K. Wilson and P. King

Prefiled with Chief Clerk 1/4/90.  Read first time 1/8/90 and referred to Committee on  Transportation.

AN ACT Relating to transportation of food items; adding a new section to chapter 46.37 RCW; adding a new section to chapter 47.01 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 46.37 RCW to read as follows:

          (1) It is unlawful for a person to use or arrange for the use of a cargo tank to provide motor vehicle transportation of food items if the vehicle has been used to transport a nonfood product that may alter the quality of the food.  Each cargo tank shall bear a permanent marking indicating that the vehicle is used for transporting only nonfood products, or acceptable food items and nonfood products as provided in section 2 of this act.

          (2) A violation of this section is punishable by a civil penalty of ten thousand dollars.  If the violation is a continuing one, each day of violation constitutes a separate offense.

NEW SECTION. Sec. 2.  A new section is added to chapter 47.01 RCW to read as follows:

          The secretary of transportation, in conjunction with the director of agriculture, shall:

          (1) Publish and periodically update a list of nonfood products that the secretary has determined will not render food items unsafe as a result of transportation in a cargo tank that is used to transport food;

          (2) Adopt rules for the marking of cargo tanks, disclosure of the products transported, and cleaning of cargo tanks.  The rules may include recordkeeping requirements and monitoring for compliance.