S-3621               _______________________________________________

                                                   SENATE BILL NO. 6185

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Bender, Talmadge, Warnke, Wojahn, Bauer, Rasmussen, Conner, Niemi, Rinehart, Murray, Vognild, Sutherland, Moore, Hansen and Kreidler

Prefiled with Secretary of the Senate 1/2/90.  Read first time 1/8/90 and referred to Committee on  Health & Long Term Care.

AN ACT Relating to vehicles used to transport food, drugs, or cosmetics; amending RCW 69.04.021; adding new sections to chapter 69.04 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1.     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.

NEW SECTION. Sec. 2.     As a minimum, the rules required by section 1 of this act shall:

          (1) 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;

          (2) 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;

          (3) 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 subsection (2) of this section 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 subsection (2) of this section; and

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

          (a) If it has been used to transport any hazardous material, solid waste, or commodity described in subsection (1) of this section; or

          (b) If it has been used to transport a hazardous material, solid waste, or commodity described in subsection (2) of this section and, if so, the last date of the transportation, the most recent date on which the residue removal and decontamination procedures required under subsection (2) of this section were performed, the location at which the procedures were performed, and the person responsible for the performance of the procedures.

NEW SECTION. Sec. 3.     The director, after consultation with the secretary of health and the director of ecology, shall adopt rules establishing criteria for the coverage of hazardous materials, solid wastes, and other commodities under section 2(1) or (2) of this act, as appropriate.

        Sec. 4.  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.

NEW SECTION. Sec. 5.     The term "solid waste" has the meaning given to it by RCW 70.95.030, and includes hazardous waste as defined in RCW 70.105.010.

NEW SECTION. Sec. 6.     Sections 1 through 3 and 5 of this act are added to chapter 69.04 RCW.

NEW SECTION. Sec. 7.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.