AN ACT Relating to agricultural product labeling; amending RCW 15.53.9016, 66.28.100, 66.28.110, and 66.28.120; adding new sections to chapter 69.04 RCW; and creating a new section.

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

Sec. 1. Section 5, chapter 31, Laws of 1965 ex. sess. and RCW 15.53.9016 are each amended to read as follows:

(1) Any commercial feed registered with the department and distributed in this state shall be accompanied by a legible label bearing the following information:

(a) The net weight as required under chapter 19.94 RCW as enacted or hereinafter amended.

(b) The name or brand under which the commercial feed is distributed.

(c) The guaranteed analysis of the commercial feed, listing the minimum percentage of crude protein, minimum percentage of crude fat, and maximum percentage of crude fiber. For mineral feeds the list shall include the following if added: Minimum and maximum percentages of calcium (Ca), minimum percentage of phosphorus (P), minimum percentage of iodine (I), and minimum and maximum percentages of salt (NaCl). Other substances or elements, determinable by laboratory methods, may be guaranteed by permission of the department. When any items are guaranteed, they shall be subject to inspection and analysis in accordance with the methods and regulations that may be prescribed by the department. Products distributed solely as mineral and/or vitamin supplements and guaranteed as specified in this section need not show guarantees for protein, fat, and fiber.

(d) The common or usual name of each ingredient used in the manufacture of the commercial feed, except as the department may, by regulation, permit the use of a collective term for a group of ingredients all of which perform the same function. An ingredient statement is not required for single standardized ingredient feeds which are officially defined.

(e) The name and principal address of the person responsible for distributing the commercial feed.

(f) Disclosure of whether sludge was used in the growing process.

(2) When a commercial feed is distributed in this state in bags or other containers, the label shall be placed on or affixed to the container; when a commercial feed is distributed in bulk the label shall accompany delivery and be furnished to the purchaser at time of delivery.

(3) A customer-formula feed shall be labeled by invoice. The invoice, which is to accompany delivery and be supplied to the purchaser at the time of delivery, shall bear the following information:

(a) Name and address of the mixer;

(b) Name and address of the purchaser;

(d) Brand name and number of pounds of each registered commercial feed used in the mixture and the name and number of pounds of each other feed ingredient added.

(4) If a commercial feed contains a nonnutritive substance which is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease or which is intended to affect the structure or any function of the animal body, the department may require the label to show the amount present, directions for use, and/or warnings against misuse of the feed.

(5) A customer-formula feed shall be considered to be in violation of this chapter if it does not conform to the invoice labeling. Upon request of the department it shall be the duty of the person distributing the customer-formula feed to supply the department with a copy of the invoice which represents that particular feed: PROVIDED, That such person shall not be required to keep such invoice for a period of longer than six months.

Sec. 2. Section 46, chapter 62, Laws of 1933 ex. sess. and RCW 66.28.100 are each amended to read as follows:

Every person manufacturing spirits as defined in this title shall put upon all packages containing spirits so manufactured a distinctive label, showing the nature of the contents, the name of the person by whom the spirits were manufactured, the place where the spirits were manufactured, whether one or more ingredients were grown or processed using sludge, and showing the alcoholic content of such spirits. For the purpose of this section the contents of packages containing spirits shall be shown by the use of the words "whiskey", "rum", "brandy", and the like, on the outside of such packages.

Sec. 3. Section 45, chapter 62, Laws of 1933 ex. sess. as amended by section 4, chapter 172, Laws of 1939 and RCW 66.28.110 are each amended to read as follows:

Every person producing, manufacturing, bottling or distributing wine shall put upon all packages a distinctive label such as will provide the consumer with adequate information as to the identity and quality of the product, the alcoholic content thereof, the net contents of the package, the name of the producer, manufacturer or bottler thereof, whether one or more ingredients were grown or processed using sludge, and such other information as the board may by regulation prescribe.

Sec. 4. Section 44, chapter 62, Laws of 1933 ex. sess. as last amended by section 2, chapter 39, Laws of 1982 and RCW 66.28.120 are each amended to read as follows:

Every person manufacturing or distributing malt liquor for sale within the state shall put upon all packages containing malt liquor so manufactured or distributed a distinctive label showing the nature of the contents, the name of the person by whom the malt liquor was manufactured, whether one or more ingredients were grown or processed using sludge, and the place where it was manufactured. For the purpose of this section, the contents of packages containing malt liquor shall be shown by the use of the word "beer," "ale," "malt liquor," "stout," or "porter," on the outside of the packages.

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

All products of out-of-state origin sold within this state that were processed or grown using a land application of sludge, including animal products that were raised on feedstock that was grown using a land application of sludge, shall, at the time of sale to the end user, be conspicuously labeled with the words "Sludge used in the processing or growing of this product." Products failing to be so labeled shall be deemed to be misbranded.

NEW SECTION. Sec. 6. A new section is added to chapter 69.04 RCW to read as follows:

All food grown or processed in this state using land application of sludge, including animal products that were raised on feedstock that was grown using a land application of sludge, shall, at the time of sale to the end user, be conspicuously labeled with the words "Sludge used in the processing or growing of this product." Products failing to be so labeled shall be deemed misbranded.

NEW SECTION. Sec. 7. A new section is added to chapter 69.04 RCW to read as follows:

The department of agriculture shall adopt rules to implement sections 5 and 6 of this act.

NEW SECTION. Sec. 8. The department of health shall conduct an epidemiology study regarding the land application of sludge. The department shall report to the appropriate committees of the house of representatives and the senate by December 1, 1991.