H-3885              _______________________________________________

                                                   HOUSE BILL NO. 2784

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Spanel, S. Wilson, R. King, Bowman, Basich, Smith, Vekich and Cole

Read first time 1/19/90 and referred to Committee on Fisheries & Wildlife.

AN ACT Relating to salmon labeling for human consumption; adding new sections to chapter 69.04 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 69.04 RCW to read as follows:

          Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 2 through 5 of this act.

          (1) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in Title 77 RCW, and includes:

@h0!tp1,1@56Scientific Name !tl@56Common Name

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!ae0!ix!tl!ss1!il*,1!ih2,2!ed !gsxxOncorhynchus tshawytscha!gsyyChinook salmon

!gsxxOncorhynchus kisutch!gsyyCoho salmon

!gsxxOncorhynchus keta!gsyyChum salmon

!gsxxOncorhynchus gorbuscha!gsyyPink salmon

!gsxxOncorhynchus nerka!gsyySockeye salmon

!gsxxSalmo salar (in other than!gsyyAtlantic salmon

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          (2) "Commercially caught" means salmon harvested by commercial fishers  under Title 75 RCW.

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

          No person may label or offer for sale any fresh or frozen salmon food fish and cultured aquatic salmon without identifying the species of salmon by its common name.  Any person violating the provisions of this section shall be guilty of misbranding under the provisions of this chapter.

NEW SECTION. Sec. 3.  A new section is added to chapter 69.04 RCW to read as follows:

          No person may label or offer for sale any fresh or frozen:

          (1) Private sector cultured aquatic salmon without identifying the product as net pen-reared salmon; or

          (2) Commercially caught salmon designated as food fish under Title 75 RCW without identifying the product as commercially caught salmon.

          Any person violating the provisions of this section shall be guilty of misbranding under the provisions of this chapter.

NEW SECTION. Sec. 4.  A new section is added to chapter 69.04 RCW to read as follows:

          To promote honesty and fair dealing for consumers, the director, in consultation with the director of the department of fisheries, shall promulgate rules:

          (1) Fixing and establishing a reasonable definition and standard of identity for private sector cultured aquatic salmon and salmon designated as food fish under Title 75 RCW for purposes of consumer labeling; and

          (2) Enforcing the provisions of sections 2 and 3 of this act.

NEW SECTION. Sec. 5.  A new section is added to chapter 69.04 RCW to read as follows:

          In addition to the penalties under chapter 69.04 RCW, violation of sections 2 and 3 of this act shall be a misdemeanor under RCW 9A.20.021.