H-3621              _______________________________________________

                                                   HOUSE BILL NO. 2479

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Baugher, McLean, Heavey, Brumsickle, R. Fisher, D. Sommers, Sayan, Todd, Grant, Brooks, Kremen, Betrozoff, Gallagher, Kirby, Chandler, S. Wilson, Jacobsen, Jesernig, Beck, Van Luven, Rector, Wood, Tate, May, R. Meyers, Ferguson, Wolfe, Miller, Rayburn, Sprenkle, P. King, Spanel and Dorn

Read first time 1/12/90 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 first violation of this section is punishable by a civil penalty of five thousand dollars.

          (3) The Washington utilities and transportation commission shall revoke the operating certificate of an intrastate carrier that violates this section a second time within five years.

          (4) The penalty for an interstate carrier who commits a second or subsequent violation of this section within five years of the previous violation shall be triple the amount of the previous penalty; for example, a second offense within five years of the first offense subjects the carrier to a penalty of fifteen thousand dollars, a third offense within five years of the second offense subjects the carrier to a penalty of forty-five thousand dollars, and so forth.

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.