S-4801               _______________________________________________

                                                   SENATE BILL NO. 6861

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Bailey, Gaspard, Barr, Hansen and Anderson

Read first time 1/31/90 and referred to Committee on  Agriculture.

AN ACT Relating to dairy products; adding new sections to chapter 15.32 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 15.32 RCW to read as follows:

          (1) The director shall, upon recommendation of the dairy products commission, examine the potential impact of products or substances, which, if used in dairy operations, may affect consumer acceptance and purchases of dairy products and shall monitor the use of such products or substances by producers.

          (2) The director may adopt rules temporarily restricting the use of such a product or substance by producers if the commission finds that its use has caused or will cause the consumption of dairy products in this state to be reduced significantly and poses a threat to the economic vitality of the dairy industry in this state.

          (3) Rules adopted under this section shall remain in force only as long as necessary to achieve consumer acceptance of products or substances being restricted under this section.  Such rules shall not pertain to agricultural commodities that are used as feed by dairy producers.

          (4) The director, in consultation with the agriculture and rural development committee of the house of representatives and the agriculture committee of the senate shall convene an advisory committee of representatives of agricultural producers, and representatives of manufacturers, distributors, and applicators of products or substances used in the production of dairy products.  The committee shall develop strategies to manage consumer perception issues and their impact on the dairy industry.  The committee shall report its recommendations to the legislature no later than January 1, 1991.

NEW SECTION. Sec. 2.  A new section is added to chapter 15.32 RCW to read as follows:

          Every person who fails to comply with section 1 of this act 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.  Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated this section and may be subject to the civil penalty herein provided.