H-4053              _______________________________________________

                                                   HOUSE BILL NO. 2821

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Rayburn, McLean, Phillips, Nealey, Heavey, Kremen, Todd, Jesernig, Youngsman, Chandler, Sayan, Doty, Rector, Kirby, Rasmussen, Grant, Cooper, Rust, Day, P. King, May, Crane, Winsley, Brumsickle, Bowman, Inslee, Ferguson, Wolfe, Brough, Bennett, Basich, Forner, Leonard, Sprenkle, R. Meyers, Miller, H. Myers, Brekke, Spanel and Jacobsen

Read first time 1/22/90 and referred to Committee on Agriculture & Rural Development.

AN ACT Relating to the transportation of food; amending 69.04.810; 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:

          (1) The director shall adopt rules which the director determines are necessary to ensure that food transported in bulk form in intrastate commerce is transported under conditions that prevent the food from being contaminated in a manner which would pose a hazard to the public health.  The director shall consult with the secretary of health in developing and adopting such rules.

          (2) The director, in consultation with the secretary of health, shall examine the hazards to the public health that may be posed by transporting in intrastate commerce food in other than bulk form.  The director shall report to the legislature by January 1, 1991, the director's recommendations for regulating the transportation of food in such a form.

          (3) As used in this section, "food" means any article used for food or drink for humans or used as a component of such an article.

          (4) The director shall, wherever practical, secure the assistance of other public agencies, including but not limited to the department of health, the utilities and transportation commission, and the state patrol, in identifying and investigating potential violations of section 3 of this act and the rules adopted under this section.

          (5) The authority granted to the director under this section is supplementary to the authorities granted the director by other provisions of this chapter.  This section shall not be construed as restricting in any manner the authorities granted the director by other provisions of this chapter.

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

          Transporting food in intrastate commerce in violation of the rules adopted under section 1 of this act or causing food to be so transported is prohibited.

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

          A person who violates the provisions of section 2 of this act may be subjected to a civil penalty, as determined by the director, in an amount of not more than five thousand dollars for each such violation.

        Sec. 4.  Section 99, chapter 257, Laws of 1945 and RCW 69.04.810 are each amended to read as follows:

          For the purpose of enforcing the provisions of this chapter, carriers engaged in intrastate commerce, and persons receiving food, drugs, devices, or cosmetics in intrastate commerce or holding such articles so received, shall, upon the request of the director, permit the director at reasonable times, to have access to and to copy all records showing the movement in intrastate commerce of any food, drug, device, or cosmetic, or the holding thereof during or after such movement, and the quantity, shipper, and consignee thereof; and it shall be unlawful for any such carrier or person to fail to permit such access to and the copying of any such records so requested when such request is accompanied by a statement in writing specifying the nature or kind of food, drug, device, or cosmetic to which such request relates:  PROVIDED, That evidence obtained under this section shall not be used in a criminal prosecution of the person from whom obtained:  PROVIDED FURTHER, That except for violations of section 2 of this act, carriers shall not be subject to the other provisions of this chapter by reason of their receipt, carriage, holding, or delivery of food, drugs, devices, or cosmetics in the usual course of business as carriers.