H-3422              _______________________________________________

                                                   HOUSE BILL NO. 2325

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Phillips, Rayburn, Walker, Heavey, Fraser, Miller, Rust, Valle, Pruitt, Rector, R. Meyers, Ferguson, Sayan, R. Fisher, Spanel, Morris, Holland, Braddock, Leonard, Dorn, Jones, Jacobsen, Kremen, Todd, Winsley, Silver and Rasmussen

Read first time 1/10/90 and referred to Committee on Health Care.

AN ACT Relating to the transport of substances in commercial motor vehicles; adding a new section to chapter 43.70 RCW; adding a new section to chapter 43.20 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 43.70 RCW to read as follows:

          (1) Except as provided in subsection (2) of this section and in section 2 of this act, no person may transport in intrastate commerce food in bulk form as a cargo in the cargo carrying portion of a commercial motor 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 subject to a civil penalty of not more than seven thousand five hundred dollars for each such violation.  The secretary of health shall determine the amount of the penalty for a violation and shall impose the penalty by an order which is subject to the provisions of chapter 34.05 RCW.

          As used in this section, "food" means any food as defined in RCW 69.04.008 and "commercial motor vehicle" means a motor vehicle which is used to transport property and which has a gross weight of more than ten thousand pounds or a gross combination weight of the tractor and trailer portions of the vehicle of more than ten thousand pounds.

          (2) A commercial motor 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 cargo carrying portion of the vehicle is inspected by the department of health, the department finds that a food transported in the cargo carrying portion of the vehicle 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 cargo carrying portion of the 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 state board of health in rules adopted under section 2 of this act.

NEW SECTION. Sec. 2.  A new section is added to chapter 43.20 RCW to read as follows:

          The state board of health shall adopt by rule a list of substances other than food that may be transported as cargo in a commercial motor vehicle, as defined in section 1 of this act, that is also used, on separate occasions, to transport food.  The list shall contain those substances which the board determines will not pose a health hazard if food were subsequently transported in the commercial motor vehicle which has transported the substance.  In making this determination, the board shall assume that some residual portion of the substance would remain in the cargo carrying portion of the vehicle when the food is transported.

          Transporting food in a commercial motor vehicle that has previously been used to transport a substance contained on the list adopted by the state board of health under this section does not constitute a violation of section 1 of this act.