AN ACT Relating to the transportation of food products; amending RCW 69.04.040, 69.04.210, 69.04.810, 69.04.120, 69.04.021, and 69.04.070; adding new sections to chapter 69.04 RCW; repealing RCW 69.04.060; 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:

"Transport" includes shipment by truck, trailer, vessel, container, or rail car.

"Solid waste" has the meaning given to it by RCW 70.95.030, and includes hazardous waste as defined in RCW 70.105.010.

Sec. 2. Section 22, chapter 257, Laws of 1945 and RCW 69.04.040 are each amended to read as follows:

The following acts and the causing thereof are hereby prohibited:

(1) The sale in intrastate commerce of any food, drug, device, or cosmetic that is adulterated or misbranded.

(2) The transportation of food in intrastate commerce in violation of regulations promulgated in accordance with section 5 of this act.

(3) The adulteration or misbranding of any food, drug, device, or cosmetic in intrastate commerce.

((~~(3)~~)) (4) The receipt in intrastate commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the sale thereof in such commerce for pay or otherwise.

((~~(4)~~)) (5) The introduction or delivery for introduction into intrastate commerce of (a) any food in violation of RCW 69.04.350; or (b) any new drug in violation of RCW 69.04.570.

((~~(5)~~)) (6) The dissemination within this state, in any manner or by any means or through any medium, of any false advertisement.

((~~(6)~~)) (7) The refusal to permit (a) entry and the taking of a sample or specimen or the making of any investigation or examination as authorized by RCW 69.04.780; or (b) access to or copying of any record as authorized by RCW 69.04.810.

((~~(7)~~)) (8) The refusal to permit entry or inspection as authorized by RCW 69.04.820.

((~~(8)~~)) (9) The removal, mutilation, or violation of an embargo notice as authorized by RCW 69.04.110.

((~~(9)~~)) (10) The giving of a guaranty or undertaking in intrastate commerce, referred to in RCW 69.04.080, that is false.

((~~(10)~~)) (11) The forging, counterfeiting, simulating, or falsely representing, or without proper authority, using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under RCW 69.04.350.

((~~(11)~~)) (12) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of a food, drug, device, or cosmetic, or the doing of any other act with respect to a food, drug, device, or cosmetic, or the labeling or advertisement thereof, which results in a violation of this chapter.

((~~(12)~~)) (13) The using in intrastate commerce, in the labeling or advertisement of any drug, of any representation or suggestion that an application with respect to such drug is effective under section 505 of the federal act or under RCW 69.04.570, or that such drug complies with the provisions of either such section.

Sec. 3. Section 39, chapter 257, Laws of 1945 as amended by section 1, chapter 198, Laws of 1963 and RCW 69.04.210 are each amended to read as follows:

A food shall be deemed to be adulterated:

(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health; or

(2) (a) If it bears or contains any added poisonous or added deleterious substance (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive, or (iii) a color additive) which is unsafe within the meaning of RCW 69.04.390, or (b) if it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of RCW 69.04.392, or (c) if it is, or it bears or contains, any food additive which is unsafe within the meaning of RCW 69.04.394: PROVIDED, That where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under RCW 69.04.392 and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed food shall, notwithstanding the provisions of RCW 69.04.390 and 69.04.394, not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed food when ready to eat is not greater than the tolerance prescribed for the raw agricultural commodity; or

(3) If it consists in whole or in part of any diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; or

(4) If it has been produced, prepared, packed, transported, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health; or

(5) If it is in whole or in part the product of a diseased animal or of an animal which has died otherwise than by slaughter or which has been fed on the uncooked offal from a slaughterhouse; or

(6) If its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; or

(7) If it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to RCW 69.04.394.

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 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, except for violations involving the transportation of food under RCW 69.04.210(4), 69.04.040(2), or rules promulgated under section 5 of this act.

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

(1) The director is authorized and shall promulgate regulations as deemed appropriate to assure that foods are transported in a manner that maintains the foods in an uncontaminated condition.

(2) The director of agriculture shall adopt rules with respect to the isolation in transportation of hazardous materials, solid waste, and certain other commodities from food, food additives, drugs, devices, and cosmetics and packages containing food, food additives, drugs, devices, and cosmetics.

(3) As a minimum, the rules required by subsection (2) of this section shall:

(a) Prohibit the transportation in commerce of any food, food additive, drug, device, or cosmetic, or a package containing any food, food additive, drug, device, or cosmetic in a truck, trailer, vessel, container, or rail car previously used to transport hazardous material, solid waste, or other commodity that the director determines poses a threat to human health, regardless of whether removal, disposal, or decontamination procedures are followed;

(b) Establish standards for the transportation in commerce of any food, food additive, drug, device, or cosmetic, or a package containing any food, food additive, drug, device, or cosmetic in a truck, trailer, vessel, container, or rail car that is also used to transport hazardous material, solid waste, or other commodity that the director determines poses a threat to human health if proper removal, disposal, and decontamination procedures are not followed, including standards for the removal and disposal of all residue and the decontamination of the trucks, trailers, vessels, containers, and rail cars;

(c) Prohibit the transportation in commerce of any food, food additive, drug, device, or cosmetic or a package containing any food, food additive, drug, device, or cosmetic in a truck, trailer, vessel, container, or rail car previously used to transport any hazardous material, solid waste, or commodity described in (b) of this subsection until all residue has been removed and the truck, trailer, vessel, container, or rail car has been decontaminated in accordance with the standards adopted under (b) of this subsection; and

(d) Require a truck, trailer, vessel, container, or rail car to be marked to identify:

(i) If it has been used to transport any hazardous material, solid waste, or commodity described in (a) of this subsection; or

(ii) If it has been used to transport a hazardous material, solid waste, or commodity described in (b) of this subsection and, if so, the last date of the transportation, the most recent date on which the residue removal and decontamination procedures required under (b) of this subsection were performed, the location at which the procedures were performed, and the person responsible for the performance of the procedures.

(4) The director, after consultation with the secretary of health, the director of the utilities and transportation commission, and the director of ecology, shall adopt rules establishing criteria for the coverage of hazardous materials, solid wastes, and other commodities under subsection (3) (a) or (b) of this section, as appropriate.

Sec. 6. Section 8, chapter 198, Laws of 1963 and RCW 69.04.021 are each amended to read as follows:

The word "package" ((~~shall include, and be construed to include, wrapped meats enclosed in papers or other materials as prepared by the manufacturers thereof for sale~~)) means a receptacle or wrapping in which any food, food additive, drug, device, or cosmetic is enclosed for use in the delivery or display of the food, food additive, drug, device, or cosmetic.

Sec. 7. Section 30, chapter 257, Laws of 1945 as amended by section 8, chapter 95, Laws of 1983 and RCW 69.04.120 are each amended to read as follows:

When the director has embargoed an article, ((he)) the director shall, forthwith and without delay and in no event later than ((~~twenty~~)) thirty days after the affixing of notice of its embargo, petition the superior court for an order affirming the embargo. The court then has jurisdiction, for cause shown and after prompt hearing to any claimant of the embargoed article, to issue an order which directs the removal of the embargo or the destruction or the correction and release of the article. An order for destruction or correction and release shall contain such provision for the payment of pertinent court costs and fees and administrative expenses as is equitable and which the court deems appropriate in the circumstances. An order for correction and release may contain such provision for a bond as the court finds indicated in the circumstances.

Sec. 8. Section 25, chapter 257, Laws of 1945 and RCW 69.04.070 are each amended to read as follows:

((Notwithstanding the provisions of RCW 69.04.060, in case of a violation of any provision of RCW 69.04.040, with intent to defraud or mislead, the penalty shall be imprisonment for not more than ninety days, or a fine of not more than one thousand dollars, or both such imprisonment and fine)) A person who violates a provision of RCW 69.04.040 with intent to defraud or mislead, or otherwise knowingly violates any provision of RCW 69.04.040 shall be guilty of a gross misdemeanor and subject to imprisonment for not more than ninety days or a fine of not more than five thousand dollars, or both such imprisonment and fine.

NEW SECTION. Sec. 9. A new section is added to chapter 69.04 RCW to read as follows:

Every person who fails to comply with this chapter or the rules adopted under it may be subjected to a civil penalty, as determined by the director, in an amount of not more than five thousand dollars for every such violation. Each and every such violation shall be a separate and distinct offense.

NEW SECTION. Sec. 10. Section 24, chapter 257, Laws of 1945 and RCW 69.04.060 are each repealed.