[atlas:bill]

AN ACT Relating to updating or repealing dairy and food laws; amending RCW 15.36.012, 15.36.021, 15.36.051, 15.36.081, 15.36.111, 15.36.151, 15.36.161, 15.36.171, 15.36.181, 15.36.191, 15.36.231, 15.36.401, 15.36.421, 15.36.451, 15.36.471, 15.36.481, 15.36.491, 15.36.511, 15.36.551, and 15.36.561; reenacting and amending RCW 15.36.201; adding new sections to chapter 15.36 RCW; repealing RCW 15.36.031, 15.36.061, 15.36.121, 15.36.211, 15.36.251, 15.36.291, 15.36.301, 15.36.311, 15.36.411, 15.36.431, 15.36.441, 15.36.461, 15.36.501, 15.36.521, 15.38.001, 15.38.010, 15.38.020, 15.38.030, 15.38.040, 15.38.050, 15.40.010, 15.40.030, 15.40.040, 15.40.050, 15.40.900, 15.41.010, 15.41.020, 16.48.120, 16.48.280, 16.48.310, 16.48.311, 16.48.312, 16.48.320, 16.48.325, 16.49A.010, 16.49A.020, 16.49A.030, 16.49A.040, 16.49A.050, 16.49A.060, 16.49A.070, 16.49A.080, 16.49A.090, 16.49A.100, 16.49A.110, 16.49A.120, 16.49A.130, 16.49A.140, 16.49A.150, 16.49A.160, 16.49A.170, 16.49A.180, 16.49A.190, 16.49A.200, 16.49A.210, 16.49A.220, 16.49A.230, 16.49A.240, 16.49A.250, 16.49A.255, 16.49A.260, 16.49A.270, 16.49A.280, 16.49A.290, 16.49A.300, 16.49A.310, 16.49A.320, 16.49A.330, 16.49A.340, 16.49A.350, 16.49A.360, 16.49A.370, 16.49A.380, 16.49A.390, 16.49A.400, 16.49A.410, 16.49A.420, 16.49A.430, 16.49A.440, 16.49A.450, 16.49A.460, 16.49A.470, 16.49A.480, 16.49A.520, 16.49A.530, 16.49A.540, 16.49A.550, 16.49A.560, 16.49A.570, 16.49A.580, 16.49A.590, 16.49A.600, 16.49A.610, 16.49A.620, 16.49A.630, 16.49A.640, 16.49A.650, 16.49A.900, 16.49A.910, 16.49A.920, 16.74.010, 16.74.020, 16.74.030, 16.74.040, 16.74.050, 16.74.060, 16.74.070, 16.74.080, 16.74.090, 16.74.100, 16.74.110, 16.74.120, 16.74.130, 16.74.140, 16.74.150, 16.74.160, 16.74.170, 16.74.180, 16.74.190, 16.74.200, 16.74.210, 16.74.220, 16.74.230, 16.74.240, 16.74.250, 16.74.260, 16.74.270, 16.74.280, 16.74.290, 16.74.300, 16.74.310, 16.74.320, 16.74.330, 16.74.340, 16.74.350, 16.74.360, 16.74.370, 16.74.380, 16.74.390, 16.74.400, 16.74.410, 16.74.420, 16.74.430, 16.74.440, 16.74.450, 16.74.460, 16.74.470, 16.74.480, 16.74.490, 16.74.500, 16.74.510, 16.74.520, 16.74.530, 16.74.540, 16.74.550, 16.74.560, 16.74.570, 16.74.580, 16.74.590, 16.74.600, 16.74.610, 16.74.615, 16.74.620, 16.74.630, 16.74.640, 16.74.650, 16.74.900, 16.74.910, 16.74.920, 19.92.100, 19.92.110, 19.92.120, and 19.92.240; prescribing penalties; and providing an expiration date.

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

Sec. 1. RCW 15.36.012 and 1995 c 374 s 1 are each amended to read as follows:

For the purpose of this chapter:

"Adulterated milk" means milk that is deemed adulterated under appendix L of the PMO.

(("Aseptic processing" means the process by which milk or milk products have been subjected to sufficient heat processing and packaged in a hermetically sealed container so as to meet the standards of the PMO.))

"Colostrum milk" means milk produced within ten days before or until practically colostrum free after parturition.

"DMO" means supplement I, the recommended sanitation ordinance for grade A condensed and dry milk products and condensed and dry whey, to the PMO published by the United States public health service, food and drug administration.

"Dairy farm" means a place or premises where one or more cows, goats, or other mammals are kept, a part or all of the milk or milk products from which is sold or offered for sale to a milk processing plant, transfer station, or receiving station.

"Dairy technician" means any person who takes samples of milk or cream or fluid derivatives thereof, on which sample tests are to be made as a basis of payment, or who grades, weighs, or measures milk or cream or the fluid derivatives thereof, the grade, weight, or measure to be used as a basis of payment, or who operates equipment wherein milk or products thereof are pasteurized.

"Degrade" means the lowering in grade from grade A to grade C.

"Department" means the state department of agriculture.

"Director" means the director of agriculture of the state of Washington or the director's duly authorized representative.

((~~"Distributor" means a person other than a producer who offers for sale or sells to another, milk or milk products.~~))

"Grade A milk processing plant" means any milk processing plant that meets all of the standards of the PMO to process grade A pasteurized milk or milk products.

"Grade A pasteurized milk" means grade A raw milk that has been pasteurized.

"Grade A raw milk" means raw milk produced upon dairy farms conforming with all of the items of sanitation contained in the PMO, in which the bacterial plate count does not exceed twenty thousand per milliliter and the coliform count does not exceed ten per milliliter as determined in accordance with RCW 15.36.201.

"Grade A raw milk for pasteurization" means raw milk produced upon dairy farms conforming with all of the same items of sanitation contained in the PMO of grade A raw milk, and the bacterial plate count, as delivered from the farm, does not exceed eighty thousand per milliliter as determined in accordance with RCW 15.36.201.

"Grade C milk" is milk that violates any of the requirements for grade A milk but that is not deemed to be adulterated.

((~~"Homogenized" means milk or milk products which have been treated to ensure breakup of the fat globules to an extent consistent with the requirements outlined in the PMO.~~))

"Milk" means the lacteal secretion, practically free of colostrum, obtained by the complete milking of one or more healthy cows, goats, or other mammals.

"Milk hauler" means a person who transports milk or milk products in bulk to or from a milk processing plant, receiving station, or transfer station.

"Milk processing" means the handling, preparing, packaging, or processing of milk in any manner in preparation for sale as food, as defined in chapter 69.04 RCW. Milk processing does not include milking or producing milk on a dairy farm that is shipped to a milk processing plant for further processing.

"Milk processing plant" means a place, premises, or establishment where milk or milk products are collected, handled, processed, stored, bottled, pasteurized, aseptically processed, bottled, or prepared for distribution, except an establishment that merely receives the processed milk products and serves them or sells them at retail.

"Milk products" means the product of a milk manufacturing process.

"Misbranded milk" means milk or milk products that carries a grade label unless such grade label has been awarded by the director and not revoked, or that fails to conform in any other respect with the statements on the label.

(("Official brucellosis adult vaccinated cattle" means those cattle, officially vaccinated over the age of official calfhood vaccinated cattle, that the director has determined have been commingled with, or kept in close proximity to, cattle identified as brucellosis reactors, and have been vaccinated against brucellosis in a manner and under the conditions prescribed by the director after a hearing and under rules adopted under chapter 34.05 RCW, the administrative procedure act.))

"Official laboratory" means a biological, chemical, or physical laboratory that is under the direct supervision of the state or a local regulatory agency.

"Officially designated laboratory" means a commercial laboratory authorized to do official work by the department, or a milk industry laboratory officially designated by the department for the examination of grade A raw milk for pasteurization and commingled milk tank truck samples of raw milk for antibiotic residues and bacterial limits.

"PMO" means the grade "A" pasteurized milk ordinance published by the United States public health service, food and drug administration.

"Pasteurized" means the process of heating every particle of milk or milk product in properly designed and operated equipment to the temperature and time standards specified in the PMO.

"Person" means an individual, partnership, firm, corporation, company, trustee, or association.

"Producer" means a person or organization who operates a dairy farm and provides, sells, or offers milk for sale to a milk processing plant, receiving station, or transfer station.

"Receiving station" means a place, premises, or establishment where raw milk is received, collected, handled, stored, or cooled and prepared for further transporting.

"Sale" means selling, offering for sale, holding for sale, preparing for sale, trading, bartering, offering a gift as an inducement for sale of, and advertising for sale in any media.

"Transfer station" means any place, premises, or establishment where milk or milk products are transferred directly from one milk tank truck to another.

(("Ultrapasteurized" means the process by which milk or milk products have been thermally processed in accordance with the time and temperature standards of the PMO, so as to produce a product which has an extended shelf life under refrigerated conditions.

~~"Ungraded processing plant" means a milk processing plant that meets all of the standards of the PMO to produce milk products other than grade A milk or milk products.~~))

"Wash station" means a place, facility, or establishment where milk tanker trucks are cleaned in accordance with the standards of the PMO.

((~~All dairy products mentioned in this chapter mean those fit or used for human consumption.~~))

Sec. 2. RCW 15.36.021 and 1996 c 188 s 3 are each amended to read as follows:

The director of agriculture is authorized to:

(1) Adopt rules necessary to carry out the purposes of chapter((s)) 15.36 ((~~and 15.38~~)) RCW, which includes rules governing the farm storage tank and bulk milk tanker requirements, however the rules may not restrict the display or promotion of products covered under this section.

(2) By rule, establish, amend, or both, definitions and standards for milk and milk products. Such definitions and standards established by the director shall conform, insofar as practicable, with the definitions and standards for milk and milk products adopted by the federal food and drug administration. ((The director of agriculture, by rule, may likewise establish, amend, or both, definitions and standards for products whether fluid, powdered or frozen, compounded or manufactured to resemble or in semblance or imitation of genuine dairy products as defined under the provisions of this chapter. Such products made to resemble or in semblance or imitation of genuine dairy products shall conform with all the provisions of chapter 15.38 RCW and be made wholly of nondairy products.

All such products compounded or manufactured to resemble or in semblance or imitation of a genuine dairy product shall set forth on the container or labels the specific generic name of each ingredient used.

In the event any product compounded or manufactured to resemble or in semblance or imitation of a genuine dairy product contains vegetable fat or oil, the generic name of such fat or oil shall be set forth on the label. If a blend or variety of oils is used, the ingredient statement shall contain the term "vegetable oil" in the appropriate place in the ingredient statement, with the qualifying phrase following the ingredient statement, such as "vegetable oils are soybean, cottonseed and coconut oils" or "vegetable oil, may be cottonseed, coconut or soybean oil."

The labels or containers of such products compounded or manufactured to resemble or in semblance or imitation of genuine dairy products shall not use dairy terms or words or designs commonly associated with dairying or genuine dairy products, except as to the extent that such words or terms are necessary to meet legal requirements for labeling. The term "nondairy" may be used as an informative statement.))

(3) By rule, adopt the PMO, DMO, and supplemental documents by reference to establish requirements for grade A pasteurized and grade A raw milk.

(4) Adopt rules establishing standards for grade A pasteurized and grade A raw milk that are more stringent than the PMO based upon current industry or public health information for the enforcement of this chapter whenever he or she determines that any such rules are necessary to carry out the purposes of this section and RCW 15.36.481. ((The adoption of rules under this chapter, or the holding of a hearing in regard to a license issued or that may be issued under this chapter are subject to the applicable provisions of chapter 34.05 RCW, the administrative procedure act.))

(5) By rule, certify an officially designated laboratory to analyze milk for standard of quality, adulteration, contamination, and unwholesomeness.

(6) Adopt rules setting standards and requirements for the production of grade C milk and milk products.

NEW SECTION. Sec. 3. A new section is added to chapter 15.36 RCW to read as follows:

Chapter 34.05 RCW governs the rights, remedies, and procedures respecting the administration of this chapter, including rule making, assessment of civil penalties, emergency actions, and license suspension, revocation, or denial.

Sec. 4. RCW 15.36.051 and 1994 c 143 s 203 are each amended to read as follows:

A milk processing plant must obtain an annual milk processing plant license from the department, which shall expire on ((~~a date set by rule by the director~~)) June 30 of each year. A milk processing plant may choose to process (1) grade A milk and milk products, or (2) other milk products that are not classified grade A.

Only one license may be required to process milk; however, milk processing plants must obtain the necessary endorsements from the department in order to process products as defined for each type of milk or milk product processing. ((~~License fees shall be prorated if necessary to accommodate staggering of expiration dates.~~)) Application for a license shall be on a form prescribed by the director and accompanied by a twenty-five dollar annual license fee. The applicant shall include on the application the full name of the applicant for the license and the location of the milk processing plant he or she intends to operate and any other necessary information. Upon the approval of the application by the director and compliance with the provisions of this chapter, including the applicable rules adopted under this chapter by the department, the applicant shall be issued a license or a renewal of a license.

Licenses shall be issued to cover only those products, processes, and operations specified in the license application and approved for licensing. If a license holder wishes to engage in processing a type of milk product that is different than the type specified on the application supporting the licensee's existing license and processing that type of food product would require a major addition to or modification of the licensee's processing facilities, the licensee shall submit an amendment to the current license application. In such a case, the licensee may engage in processing the new type of milk product only after the amendment has been approved by the department.

A licensee under this section shall not be required to obtain ((~~a milk distributor's license under this chapter or~~)) a food processing plant license under chapter 69.07 RCW.

Sec. 5. RCW 15.36.081 and 1994 c 143 s 206 are each amended to read as follows:

A dairy technician must obtain a dairy technician's license to conduct operations under this chapter. Such license shall be limited to those functions which the licensee has been found qualified ((~~by examination~~)) to perform. Before issuing the license the director shall ((~~examine~~)) assess the ((~~applicant as to his or her~~)) applicant's qualifications and may test the applicant for the functions for which application has been made.

Application for a license as a dairy technician shall be made upon forms provided by the director, and shall be filed with the department. The director may issue a temporary license to the applicant for such period as may be prescribed and stated in the license, not to exceed sixty days, but the license may not be renewed to extend the period beyond sixty days.

The initial application for a dairy technician's license must be accompanied by a license fee of ten dollars. ((~~If it is not necessary that an examination be given,~~)) The fee for renewal of the license is five dollars. ((~~For circumstance[s] that require an examination the renewal fee is ten dollars.~~)) All dairy technicians' licenses shall expire ((~~biennially on a date set by rule by the director. License fees shall be prorated where necessary to accommodate staggering of expiration dates of a license or licenses~~)) on December 31 of odd-numbered years.

Sec. 6. RCW 15.36.111 and 1996 c 189 s 1 are each amended to read as follows:

(1) The director shall inspect all dairy farms and all milk processing plants prior to issuance of a license under this chapter and at a frequency determined by the director by rule: PROVIDED, That the director may accept the results of periodic industry inspections of producer dairies if such inspections have been officially checked periodically and found satisfactory. In case the director discovers the violation of any item of grade requirement, he or she shall make a second inspection after a lapse of such time as he or she deems necessary for the defect to be remedied, but not before the lapse of three days, and the second inspection shall be used in determining compliance with the grade requirements of this chapter. Whenever there is any violation of the same requirement of this chapter on ((~~such reinspection shall call for degrading or summary suspension of the license in accordance with the requirements of chapter 34.05 RCW~~)) the second inspection, the director may initiate proceedings to degrade, suspend the license, or assess a civil penalty.

(2) One copy of the inspection report detailing the grade requirement violations shall be posted by the director in a conspicuous place upon an inside wall of ((~~one of~~)) the ((~~dairy farm or~~)) milk tank room or a mutually agreed upon location on a dairy farm or given to an operator of the milk processing plant ((~~buildings~~)), and said inspection report shall not be defaced or removed by any person except the director. Another copy of the inspection report shall be filed with the records of the director.

(3) Every milk producer and ((~~distributor~~)) milk processing plant shall permit the director access to all parts of the establishment during the working hours of the producer or ((~~distributor~~)) milk processing plant, which shall at a minimum include the hours from 8 a.m. to 5 p.m., and every ((~~distributor~~)) milk processing plant shall furnish the director, upon his or her request, for official use only, samples of any milk product for laboratory analysis, a true statement of the actual quantities of milk and milk products of each grade purchased and sold, together with a list of all sources, records of inspections and tests, and recording thermometer charts.

Sec. 7. RCW 15.36.151 and 1994 c 143 s 303 are each amended to read as follows:

It is unlawful to sell, offer for sale, or deliver:

(1) Milk or products produced from milk from cows, goats, or other mammals affected with disease or of which the owner thereof has refused official examination and tests for disease; or

(2) Colostrum milk for consumption by humans, except that colostrum milk from cows that have been tested for brucellosis within sixty days of parturition may be made available to persons having multiple sclerosis, or other persons acting on their behalf, who, at the time of the initial sale, present a form, signed by a licensed physician, certifying that the intended user has multiple sclerosis and that the user releases the provider of the milk from liability resulting from the consumption of the milk. Colostrum milk provided under this section is exempt from meeting the standards for grade A raw milk required by this chapter.

((~~(3) The department of agriculture shall adopt rules to carry out this section. The rules shall include but not be limited to establishing standards requiring hyper-immunization.~~))

Sec. 8. RCW 15.36.161 and 1982 c 131 s 2 are each amended to read as follows:

((Except as provided hereinafter, tuberculin test of all herds and additions thereto shall be made before any milk therefrom is sold, and at least once every twelve months thereafter, by an accredited and licensed veterinarian approved by the state department of agriculture or veterinarian employed by the bureau of animal industry, United States department of agriculture. Said tests shall be made and the reactors disposed of in accordance with the requirements approved by the director for accredited herds. A certificate signed by the veterinarian or attested to by the director and filed with the director shall be evidence of the above test: PROVIDED, That in modified accredited counties in which the modified accredited area plan is applied to the dairy herds, the modified accredited area system approved by the director shall be accepted in lieu of annual testing.

No fluid milk or cream designated or represented to be "grade A" fluid milk or cream shall be sold, offered or exposed for sale which has been produced from a herd of cows, one or more of which are infected with brucellosis at the time such milk is produced, or from animals in such herd which have not been blood tested for brucellosis at least once during the preceding calendar year, or milk ring tested for brucellosis at least semiannually during the preceding year. The results of a test for brucellosis by the state or federal laboratory of a blood sample drawn by an official veterinarian, shall be prima facie evidence of the infection or noninfection of the animal or herds: PROVIDED, That in lieu thereof, two official negative milk ring tests for brucellosis not less than six months apart may be accepted as such evidence. All herds of cows, the fluid milk or cream from which is designated or represented to be "grade A" fluid milk or cream shall be blood tested for brucellosis annually or milk ring tested for brucellosis semiannually. Such herds showing any reaction to the milk ring test shall be blood tested and all reactors to the blood test removed from the herd and disposed of within fifteen days from the date they are tagged and branded. The remaining animals in the infected herd shall be retested at not less than thirty-day nor more than sixty-day intervals from the date of the first test: PROVIDED, That herds that have been officially brucellosis adult vaccinated shall be retested not less than sixty days nor more than one hundred fifty days after being so vaccinated and such herds shall be retested and released from quarantine at intervals and under conditions prescribed by the director. A series of retests, with removal and disposition of reacting animals, shall be continued until the herd shall have passed two successive tests in which no reactors are found. If upon a final test, not less than six months nor more than seven months from the date of the last negative test, no reactors are found in the herd, it shall be deemed a disease free herd. Results of official blood or milk ring tests shall be conspicuously displayed in the milk house.

All milk and milk products consumed raw shall be from herds or additions thereto which have been found free from brucellosis, as shown by blood serum tests or other approved tests for agglutinins against brucella organisms made in a laboratory approved by the director. All such herds shall be retested at least every twelve months and all reactors removed from the herd. If a herd is found to have one or more animals positive to the brucellosis test, all milk from that herd is to be pasteurized until the three consecutive brucellosis tests obtained at thirty-day intervals between each test are found to be negative. A certificate identifying each animal by number and signed by the laboratory making the test shall be evidence of the above test.))

(1) All milking cows, goats, and other mammals must meet the animal health requirements established by the state veterinarian under the authority of chapter 16.36 RCW.

(2) Milk or milk products from cows, goats, and other mammals intended for consumption in the raw state must be from a herd which is tested negative within the previous twelve months for brucellosis, tuberculosis, and any other disease the director may designate by rule. Additions to the herd must be tested negative for the diseases within the previous thirty days before introduction into the herd. The state veterinarian shall direct all testing procedures in accordance with state and national standards for animal disease eradication.

(3) Cows ((~~which show an extensive or entire induration of one or more quarters of the udder upon physical examination~~)), goats, and other mammals showing chronic mastitis, whether ((~~secreting~~)) producing abnormal milk or not, shall be permanently excluded from the milking herd. Cows ((~~giving~~)), goats, and other mammals producing bloody, ((or)) stringy, or otherwise abnormal milk, but with only slight ((~~induration~~)) inflammation of the udder shall be excluded from the herd until reexamination shows that the milk has become normal.

((~~For other diseases such tests and examinations as the director may require after consultation with state livestock sanitary officials shall be made at intervals and by methods prescribed by him.~~))

Sec. 9. RCW 15.36.171 and 1995 c 374 s 3 are each amended to read as follows:

((~~No milk or milk products shall be sold to the final consumer or to restaurants, soda fountains, grocery stores, or similar establishments except grade A pasteurized milk, or grade A raw milk.~~)) The director may revoke the license of any ((~~milk distributor,~~)) milk processing plant((,)) or producer whose product fails to qualify as grade A pasteurized or grade A raw, or in lieu thereof may degrade ((~~his or her~~)) the product to grade C and permit its sale as other than fluid milk or grade A milk products during a period not exceeding thirty days. In the event of an emergency, the director may permit the sale of grade C milk for more than thirty days.

Sec. 10. RCW 15.36.181 and 1994 c 143 s 302 are each amended to read as follows:

No person shall produce, sell, offer, or expose for sale, or have in possession with intent to sell, any milk or milk product which is adulterated((,)) or misbranded((~~, or ungraded~~)). It ((~~shall be~~)) is unlawful for any person, elsewhere than in a private home, to have in possession any adulterated((,)) or misbranded((~~, or ungraded~~)) milk or milk products((~~: PROVIDED, That in an emergency the sale of ungraded milk or milk products may be authorized by the director, in which case they shall be labeled "ungraded."~~)).

Adulterated((,)) or misbranded((~~, and/or ungraded~~)) milk or milk products may be impounded and disposed of by the director.

Sec. 11. RCW 15.36.191 and 1994 c 143 s 304 are each amended to read as follows:

((~~The department,~~)) After obtaining a sample of milk or milk product for analysis, the department shall, within ten days ((~~after~~)) of obtaining the result of the analysis, send ((~~the~~)) any violative results to the person from whom the sample was taken or to the person responsible for the condition of the milk.

Sec. 12. RCW 15.36.201 and 1994 c 143 s 401 and 1994 c 46 s 11 are each reenacted and amended to read as follows:

(1) During any consecutive six months at least four samples of raw milk, raw milk for pasteurization, or both, from each dairy farm and raw milk for pasteurization, after receipt by the milk processing plant and prior to pasteurization, heat-treated milk products, and pasteurized milk and milk products from each grade A milk processing plant, for purposes of compliance with the PMO, shall be collected in at least four separate months and examined in ((a)) an official laboratory ((~~approved by the director~~)): PROVIDED, That in the case of raw milk for pasteurization the director may accept the results of an officially designated laboratory. ((Samples of other milk products may be taken and examined in a laboratory approved by the director as often as he or she deems necessary. Samples of milk and milk products from stores, cafes, soda fountains, restaurants, and other places where milk or milk products are sold shall be examined as often as the director may require. Bacterial plate counts, direct microscopic counts, coliform determinations, phosphatase tests and other laboratory tests shall conform to the requirements of the PMO. Examinations may include such other chemical and physical determinations as the director may deem necessary for the detection of adulteration or for purposes of compliance. Samples may be taken by the director at any time prior to the final delivery of the milk or milk products. All proprietors of cafes, stores, restaurants, soda fountains, and other similar places shall furnish the director, upon his or her request, with the name of all distributors from whom their milk and milk products are obtained.))

(2) If two of the last four consecutive bacterial counts, somatic cell counts, coliform determinations, or cooling temperatures, taken on separate days, exceed the standard for milk or milk products established in this chapter and rules adopted under this chapter, the director shall send written notice thereof to the person concerned. This notice shall remain in effect so long as two of the last four consecutive samples exceed the limit of the same standard. An additional sample shall be taken ((~~within twenty-one days of the~~)) after sending of the notice, but not before the lapse of three days. The director ((~~shall~~)) may initiate proceedings to degrade or ((~~summarily~~)) suspend the milk producer's license or milk processing plant license or assess a civil penalty whenever the standard is again violated so that three of the last five consecutive samples exceed the limit of the same standard. ((A milk producer's license or milk processing plant license shall subsequently be reinstated in notice status upon receipt of sample results that are within the standard for which the suspension occurred.

In case of violation of the phosphatase test requirements, the cause of underpasteurization shall be determined and removed before milk or milk products from this milk processing plant can again be sold as pasteurized milk or milk products.))

NEW SECTION. Sec. 13. A new section is added to chapter 15.36 RCW to read as follows:

Any person selling milk or milk products shall furnish the director, upon request, with the name of all milk processing plants or distributors from whom their milk and milk products are obtained.

Sec. 14. RCW 15.36.231 and 1961 c 11 s 15.36.265 are each amended to read as follows:

(1) Milk and milk products for consumption in the raw state shall be bottled or packaged on the farm where produced. Bottling and capping shall be done in a sanitary manner by means of approved equipment and these operations shall be integral in one machine. Caps or cap stock shall be purchased in sanitary containers and kept therein in a clean dry place until used.

(2) All containers enclosing raw milk or any raw milk product shall be plainly labeled or marked with the word "raw" and the name of the producer or packager. The label or mark shall be in letters of a size, kind, and color approved by the director and shall contain no marks or words which are misleading.

Sec. 15. RCW 15.36.401 and 1994 c 143 s 501 are each amended to read as follows:

(1) A license issued under this chapter may be denied ((or)), suspended, or revoked by the director ((upon violation by the holder of any of the terms of this chapter, for interference with the director in the performance of his or her duties, or if the holder has exhibited in the discharge of his or her functions negligence, misconduct, or lack of qualification.)) when a person:

(a) Fails to comply with the provisions of this chapter or the rules adopted under this chapter;

(b) Refuses the department access to a portion or area of a facility regulated under this chapter, for the purpose of carrying out the provisions of this chapter;

(d) Refuses to make available to the department records required to be kept under the provisions of this chapter;

(e) Fails to comply with the applicable provisions of chapter 69.04 RCW, Washington intrastate commerce in food, drugs, and cosmetics act, or rules adopted under that chapter;

(f) Interferes with the director in the performance of his or her duties; or

(g) Exhibits negligence, misconduct, or lack of qualification in the discharge of his or her functions.

Upon notice by the director to deny, revoke, or suspend a license, a person may request a hearing under chapter 34.05 RCW.

(2) Whenever a milk transport vehicle is found in violation of this chapter or rules adopted under this chapter, the endorsement for that milk transport vehicle contained on a milk hauler's license may be suspended or revoked. The suspension or revocation does not apply to any other milk transport vehicle operated by the milk hauler.

(3) A license may be revoked ((~~after an opportunity for a hearing~~)) by the director upon serious or repeated violations or after ((~~the~~)) a license ((~~has been suspended~~)) suspension or degrade for thirty continuous days without correction of the items causing the suspension or degrade.

Sec. 16. RCW 15.36.421 and 1994 c 143 s 503 are each amended to read as follows:

(1) If the director finds a milk processing plant or producer operating under conditions that constitute an immediate danger to public health, safety, or welfare or if the licensee or an employee of the licensee actively prevents the director or the director's representative, during an on-site inspection, from determining whether such a ((~~conditions [condition]~~)) condition exists, the director may summarily suspend((~~, pending a hearing,~~)) a license provided for in this chapter.

(2) If a license is summarily suspended, the holder of the license shall be notified in writing that the license is, upon service of the notice, immediately suspended and that prompt opportunity for a hearing will be provided.

(3) If a license is summarily suspended, processing and shipping operations shall immediately cease. However, the director may reinstate the license if the condition that caused the suspension has been abated to the director's satisfaction.

Sec. 17. RCW 15.36.451 and 1996 c 189 s 2 are each amended to read as follows:

Any producer or ((~~distributor of milk or milk products the grade of which has been lowered~~)) milk processing plant whose milk has been degraded by the director, or whose ((~~permit~~)) license has been suspended may at any time make application for the regrading of his or her products or the reinstatement of his or her ((~~permit~~)) license.

Upon receipt of a satisfactory application, in case the lowered grade or the ((~~permit~~)) license suspension was the result of violation of the bacteriological or cooling temperature standards, the director shall take further samples of the applicant's output, at a rate of not more than two samples per week. The director shall regrade the milk or milk products upward or reinstate the ((~~permit~~)) license on compliance with grade requirements as determined in accordance with the provisions of RCW 15.36.201.

In case the lowered grade of the applicant's product or the ((~~permit~~)) license suspension was due to a violation of an item other than bacteriological standard or cooling temperature, the said application must be accompanied by a statement signed by the applicant to the effect that the violated item of the specifications had been conformed with. Within one week of the receipt of such an application and statement the director shall make a reinspection of the applicant's establishment and thereafter as many additional reinspections as he or she may deem necessary to assure himself or herself that the applicant is again complying with the higher grade requirements((~~, and in case the findings justify, shall regrade the milk or milk products upward or reinstate the permit~~)). The higher grade or license shall be reinstated upon confirmation that all violated items are corrected and any period for reduction in grade or license suspensions as ordered by the director has been completed.

NEW SECTION. Sec. 18. A new section is added to chapter 15.36 RCW to read as follows:

(1) Except as provided in RCW 15.36.471 or subsection (2) or (3) of this section, any person who fails to comply with this chapter or the rules adopted under this chapter may be subject to a civil penalty in an amount of not more than one thousand dollars per violation per day.

(2) The director shall adopt rules establishing civil penalties assessed under RCW 15.36.111(1) and 15.36.201(2). The penalties shall be equitably based on the volume of milk or milk product handled by the producer or milk processor subject to the penalty.

(3) Whenever the results of an antibiotic, pesticide, or other drug residue test on a producer's milk are above the actionable level established in the PMO, the producer is subject to a civil penalty in an amount equal to one-half the value of the sum of the volumes of milk produced on the day prior to and the day of the adulteration. The value of the milk shall be computed using the weighted average price for the federal market order under which the milk is delivered.

(4) Each violation is a separate and distinct offense. The director shall impose the civil penalty in accordance with chapter 34.05 RCW. Moneys collected under this section and RCW 15.36.471 shall be remitted to the department and deposited into the revolving fund of the Washington state dairy products commission.

Sec. 19. RCW 15.36.471 and 1994 c 143 s 511 are each amended to read as follows:

(1) The director ((~~of agriculture~~)) shall adopt rules imposing a civil penalty of not more than ten thousand dollars for violations of the standards for component parts of fluid dairy products which are established under this chapter or adopted pursuant to RCW 69.04.398. ((The penalty shall not exceed ten thousand dollars and shall be such as is necessary to achieve proper enforcement of the standards. The rules shall be adopted before January 1, 1987, and shall become effective on July 1, 1987.

(2) The penalty is imposed by the department giving a written notice which is either personally served upon or transmitted by certified mail, return receipt requested, to the person incurring the penalty. The notice of the civil penalty shall be a final order of the department unless, within fifteen days after the notice is received, the person incurring the penalty appeals the penalty by filing a notice of appeal with the department. If a notice of appeal is filed in a timely manner, a hearing shall be conducted on behalf of the department by the office of administrative hearings in accordance with chapters 34.05 and 34.12 RCW. At the conclusion of the hearing, the department shall determine whether the penalty should be affirmed, reduced, or not imposed and shall issue a final order setting forth the civil penalty assessed, if any. The order may be appealed to superior court in accordance with chapter 34.05 RCW. Tests performed for the component parts of milk products by a state laboratory of a milk sample collected by a department official shall be admitted as prima facie evidence of the amounts of milk components in the product.

~~(3) Any penalty imposed under this section is due and payable upon the issuance of the final order by the department.~~

(4) All penalties received or recovered from violations of this section shall be remitted by the violator to the department and deposited in the revolving fund of the Washington state dairy products commission. One-half of the funds received shall be used for purposes of education with the remainder one-half to be used for dairy processing or marketing research, or both. No appropriation is required for disbursements from this fund.

~~(5)~~)) (2) In case of a violation of the standards for the composition of milk products, an investigation shall be made to determine the cause of the violation which shall be corrected. Additional samples shall be taken as soon as possible and tested by the department.

NEW SECTION. Sec. 20. A new section is added to chapter 15.36 RCW to read as follows:

Tests performed by an official laboratory or an officially designated laboratory of a milk sample drawn by a department official or a licensed dairy technician shall be admitted as prima facie evidence of a violation in any proceeding to enforce this chapter.

Sec. 21. RCW 15.36.481 and 1969 ex.s. c 102 s 4 are each amended to read as follows:

The director may bring an action to enjoin the violation of any provision of this chapter((~~s 15.36 and 15.38 RCW~~)) or any rule adopted ((~~thereunder~~)) under this chapter in the superior court of the county in which the defendant resides or maintains his or her principal place of business((~~, notwithstanding any other remedy at law~~)) or Thurston county.

Sec. 22. RCW 15.36.491 and 1961 c 11 s 15.32.710 are each amended to read as follows:

All moneys received for licenses ((~~or from the sale of articles confiscated~~)) under this chapter shall be ((~~paid on the first of each month to the state treasurer to be placed~~)) deposited in the general fund.

Sec. 23. RCW 15.36.511 and 1961 c 11 s 15.32.730 are each amended to read as follows:

It ((~~shall be~~)) is unlawful for any person to:

(1) Interfere with or obstruct any person in the performance of ((~~his~~)) official duties under this chapter;

(2) Employ a tester, sampler, weigher, grader, or pasteurizer who is not licensed as a dairy technician;

(3) Alter or tamper with a seal placed by the director; or

(4) Alter or tamper with a sample of milk or milk products taken or sealed by the director.

Except as provided under RCW 15.35.131, it is unlawful for a milk processing plant to accept milk from a person not licensed as a producer or milk processor.

NEW SECTION. Sec. 24. A new section is added to chapter 15.36 RCW to read as follows:

The department may issue sanitary certificates to milk processing plants under this chapter subject to such requirements as it may establish by rule. The fee for issuance is fifty dollars per certificate. Fees collected under this section shall be deposited in the agricultural local fund.

Sec. 25. RCW 15.36.551 and 1995 c 15 s 1 are each amended to read as follows:

There is levied on all milk processed in this state an assessment not to exceed fifty-four one-hundredths of one cent per hundredweight. The director shall determine, by rule, an assessment, that with contribution from the general fund, will support an inspection program to maintain compliance with the provisions of the pasteurized milk ordinance of the national conference on interstate milk shipment. All assessments shall be levied on the operator of the first milk processing plant receiving the milk for processing. This shall include milk processing plants that produce their own milk for processing and milk processing plants that receive milk from other sources. Milk processing plants whose monthly assessment for receipt of milk totals less than twenty dollars in any given month are exempted from paying this assessment for that month. All moneys collected under this section shall be paid to the director by the twentieth day of the succeeding month for the previous month's assessments. The director shall deposit the funds into the dairy inspection account hereby created within the agricultural local fund established in RCW 43.23.230. The funds shall be used only to provide inspection services to the dairy industry. If the operator of a milk processing plant fails to remit any assessments, that sum shall be a lien on any property owned by him or her, and shall be reported by the director and collected in the manner and with the same priority over other creditors as prescribed for the collection of delinquent taxes under chapters 84.60 and 84.64 RCW.

This section ((~~shall~~)) expires June 30, ((~~2000~~)) 2005.

Sec. 26. RCW 15.36.561 and 1994 c 143 s 507 are each amended to read as follows:

(1) There is created a dairy inspection program advisory committee. The committee shall consist of ((~~nine~~)) eleven members((~~. The committee shall be~~)) appointed by the director. The director shall solicit nominations for members of the committee from ((~~names submitted by~~)) Washington dairy producer organizations ((~~or from handlers of milk products~~)) and milk processors. The committee shall consist of four members who are producers ((~~of milk~~)) or their representatives, ((~~and~~)) four members who are ((~~handlers~~)) milk processors or their representatives, ((~~and~~)) one member who ((~~must be~~)) is a ((~~producer-handler~~)) producer processor, one member who is a milk hauler, and one member who is a milk equipment dealer.

(2) The purpose of this advisory committee is to ((assist the director by providing recommendations regarding the dairy inspection program, that are consistent with the pasteurized milk ordinance. The advisory committee shall (a) review and evaluate the program including the efficiency of the administration of the program, the adequacy of the level of inspection staff, the ratio of inspectors to number of dairy farm inspections per year, and the ratio of inspectors to management employees; and (b) consider alternatives to the state program, which may include privatization of various elements of the inspection program.

~~(3) The committee shall meet as necessary to complete its work. Meetings of the committee are subject to the open public meetings act~~)) advise the director in the administration of the dairy inspection program and regarding policy issues related to this chapter.

(3) The terms of the members of the committee shall be staggered and the members shall serve a term of three years until their successor has been appointed and qualified. In the event a committee member resigns, is disqualified, or vacates a position on the committee for any reason the vacancy may be filled by the director under the provisions of this section governing appointments. The director may remove a member for cause.

(4) The committee shall elect one of its members as chair. The committee shall meet by the call of the director, chair, or a majority of the committee. Members of the committee shall serve without compensation.

NEW SECTION. Sec. 27. The following acts or parts of acts are each repealed:

(1) RCW 15.36.031 and 1994 c 143 s 201, 1989 c 354 s 16, & 1961 c 11 s 15.36.080;

(2) RCW 15.36.061 and 1994 c 143 s 204, 1991 c 109 s 1, 1989 c 354 s 4, 1983 c 3 s 20, 1963 c 58 s 3, & 1961 c 11 s 15.32.100;

(3) RCW 15.36.121 and 1995 c 225 s 2, 1994 c 143 s 210, & 1961 c 11 s 15.36.490;

(4) RCW 15.36.211 and 1994 c 143 s 402 & 1961 c 11 s 15.36.090;

(5) RCW 15.36.251 and 1994 c 143 s 403, 1989 c 354 s 19, & 1961 c 11 s 15.36.300;

(6) RCW 15.36.291 and 1961 c 11 s 15.32.460;

(7) RCW 15.36.301 and 1994 c 143 s 404, 1989 c 354 s 23, & 1961 c 11 s 15.36.520;

(8) RCW 15.36.311 and 1961 c 11 s 15.36.530;

(9) RCW 15.36.411 and 1995 c 374 s 5 & 1994 c 143 s 502;

(10) RCW 15.36.431 and 1995 c 374 s 6, 1994 c 143 s 504, 1963 c 58 s 11, & 1961 c 11 s 15.32.610;

(11) RCW 15.36.441 and 1995 c 374 s 7, 1994 c 143 s 505, & 1993 c 212 s 1;

(12) RCW 15.36.461 and 1961 c 11 s 15.32.550;

(13) RCW 15.36.501 and 1987 c 202 s 173, 1969 ex.s. c 199 s 12, & 1961 c 11 s 15.32.720;

(14) RCW 15.36.521 and 1989 1st ex.s. c 9 s 236;

(15) RCW 15.38.001 and 1961 c 11 s 15.38.001;

(16) RCW 15.38.010 and 1979 c 154 s 21 & 1961 c 11 s 15.38.010;

(17) RCW 15.38.020 and 1961 c 11 s 15.38.020;

(18) RCW 15.38.030 and 1961 c 11 s 15.38.030;

(19) RCW 15.38.040 and 1961 c 11 s 15.38.040;

(20) RCW 15.38.050 and 1961 c 11 s 15.38.050;

(21) RCW 15.40.010 and 1961 c 11 s 15.40.010;

(22) RCW 15.40.030 and 1961 c 11 s 15.40.030;

(23) RCW 15.40.040 and 1961 c 11 s 15.40.040;

(24) RCW 15.40.050 and 1961 c 11 s 15.40.050;

(25) RCW 15.40.900 and 1961 c 11 s 15.40.900;

(26) RCW 15.41.010 and 1961 c 11 s 15.41.010;

(27) RCW 15.41.020 and 1961 c 11 s 15.41.020;

(28) RCW 16.48.120 and 1945 c 161 s 6;

(29) RCW 16.48.280 and 1949 c 98 s 13;

(30) RCW 16.48.310 and 1937 c 75 s 16;

(31) RCW 16.48.311 and 1945 c 161 s 14;

(32) RCW 16.48.312 and 1949 c 98 s 17;

(33) RCW 16.48.320 and 1939 c 198 s 6 & 1937 c 75 s 15;

(34) RCW 16.48.325 and 1949 c 98 s 18;

(35) RCW 16.49A.010 and 1969 ex.s. c 145 s 1;

(36) RCW 16.49A.020 and 1969 ex.s. c 145 s 2;

(37) RCW 16.49A.030 and 1969 ex.s. c 145 s 3;

(38) RCW 16.49A.040 and 1969 ex.s. c 145 s 4;

(39) RCW 16.49A.050 and 1969 ex.s. c 145 s 5;

(40) RCW 16.49A.060 and 1969 ex.s. c 145 s 6;

(41) RCW 16.49A.070 and 1969 ex.s. c 145 s 7;

(42) RCW 16.49A.080 and 1969 ex.s. c 145 s 8;

(43) RCW 16.49A.090 and 1969 ex.s. c 145 s 9;

(44) RCW 16.49A.100 and 1969 ex.s. c 145 s 10;

(45) RCW 16.49A.110 and 1969 ex.s. c 145 s 11;

(46) RCW 16.49A.120 and 1969 ex.s. c 145 s 12;

(47) RCW 16.49A.130 and 1969 ex.s. c 145 s 13;

(48) RCW 16.49A.140 and 1969 ex.s. c 145 s 14;

(49) RCW 16.49A.150 and 1969 ex.s. c 145 s 15;

(50) RCW 16.49A.160 and 1969 ex.s. c 145 s 16;

(51) RCW 16.49A.170 and 1969 ex.s. c 145 s 17;

(52) RCW 16.49A.180 and 1969 ex.s. c 145 s 18;

(53) RCW 16.49A.190 and 1969 ex.s. c 145 s 19;

(54) RCW 16.49A.200 and 1969 ex.s. c 145 s 20;

(55) RCW 16.49A.210 and 1969 ex.s. c 145 s 21;

(56) RCW 16.49A.220 and 1969 ex.s. c 145 s 22;

(57) RCW 16.49A.230 and 1969 ex.s. c 145 s 23;

(58) RCW 16.49A.240 and 1969 ex.s. c 145 s 24;

(59) RCW 16.49A.250 and 1969 ex.s. c 145 s 25;

(60) RCW 16.49A.255 and 1969 ex.s. c 145 s 67;

(61) RCW 16.49A.260 and 1969 ex.s. c 145 s 26;

(62) RCW 16.49A.270 and 1969 ex.s. c 145 s 27;

(63) RCW 16.49A.280 and 1969 ex.s. c 145 s 28;

(64) RCW 16.49A.290 and 1969 ex.s. c 145 s 29;

(65) RCW 16.49A.300 and 1969 ex.s. c 145 s 30;

(66) RCW 16.49A.310 and 1969 ex.s. c 145 s 31;

(67) RCW 16.49A.320 and 1969 ex.s. c 145 s 32;

(68) RCW 16.49A.330 and 1969 ex.s. c 145 s 33;

(69) RCW 16.49A.340 and 1969 ex.s. c 145 s 34;

(70) RCW 16.49A.350 and 1969 ex.s. c 145 s 35;

(71) RCW 16.49A.360 and 1969 ex.s. c 145 s 36;

(72) RCW 16.49A.370 and 1971 ex.s. c 98 s 1 & 1969 ex.s. c 145 s 37;

(73) RCW 16.49A.380 and 1969 ex.s. c 145 s 38;

(74) RCW 16.49A.390 and 1969 ex.s. c 145 s 39;

(75) RCW 16.49A.400 and 1969 ex.s. c 145 s 40;

(76) RCW 16.49A.410 and 1969 ex.s. c 145 s 41;

(77) RCW 16.49A.420 and 1969 ex.s. c 145 s 42;

(78) RCW 16.49A.430 and 1969 ex.s. c 145 s 43;

(79) RCW 16.49A.440 and 1969 ex.s. c 145 s 44;

(80) RCW 16.49A.450 and 1969 ex.s. c 145 s 45;

(81) RCW 16.49A.460 and 1969 ex.s. c 145 s 46;

(82) RCW 16.49A.470 and 1969 ex.s. c 145 s 47;

(83) RCW 16.49A.480 and 1969 ex.s. c 145 s 48;

(84) RCW 16.49A.520 and 1969 ex.s. c 145 s 55;

(85) RCW 16.49A.530 and 1969 ex.s. c 145 s 52;

(86) RCW 16.49A.540 and 1969 ex.s. c 145 s 57;

(87) RCW 16.49A.550 and 1969 ex.s. c 145 s 59;

(88) RCW 16.49A.560 and 1971 ex.s. c 108 s 1 & 1969 ex.s. c 145 s 54;

(89) RCW 16.49A.570 and 1971 ex.s. c 108 s 2 & 1969 ex.s. c 145 s 60;

(90) RCW 16.49A.580 and 1969 ex.s. c 145 s 58;

(91) RCW 16.49A.590 and 1969 ex.s. c 145 s 61;

(92) RCW 16.49A.600 and 1993 c 166 s 1, 1971 ex.s. c 108 s 3, & 1969 ex.s. c 145 s 68;

(93) RCW 16.49A.610 and 1969 ex.s. c 145 s 69;

(94) RCW 16.49A.620 and 1969 ex.s. c 145 s 62;

(95) RCW 16.49A.630 and 1969 ex.s. c 145 s 63;

(96) RCW 16.49A.640 and 1969 ex.s. c 145 s 53;

(97) RCW 16.49A.650 and 1969 ex.s. c 145 s 56;

(98) RCW 16.49A.900 and 1969 ex.s. c 145 s 70;

(99) RCW 16.49A.910 and 1969 ex.s. c 145 s 66;

(100) RCW 16.49A.920 and 1969 ex.s. c 145 s 65;

(101) RCW 16.74.010 and 1969 ex.s. c 146 s 1;

(102) RCW 16.74.020 and 1969 ex.s. c 146 s 2;

(103) RCW 16.74.030 and 1969 ex.s. c 146 s 3;

(104) RCW 16.74.040 and 1969 ex.s. c 146 s 4;

(105) RCW 16.74.050 and 1969 ex.s. c 146 s 5;

(106) RCW 16.74.060 and 1969 ex.s. c 146 s 6;

(107) RCW 16.74.070 and 1969 ex.s. c 146 s 7;

(108) RCW 16.74.080 and 1969 ex.s. c 146 s 8;

(109) RCW 16.74.090 and 1969 ex.s. c 146 s 9;

(110) RCW 16.74.100 and 1969 ex.s. c 146 s 10;

(111) RCW 16.74.110 and 1969 ex.s. c 146 s 11;

(112) RCW 16.74.120 and 1969 ex.s. c 146 s 12;

(113) RCW 16.74.130 and 1969 ex.s. c 146 s 13;

(114) RCW 16.74.140 and 1969 ex.s. c 146 s 14;

(115) RCW 16.74.150 and 1969 ex.s. c 146 s 15;

(116) RCW 16.74.160 and 1969 ex.s. c 146 s 16;

(117) RCW 16.74.170 and 1969 ex.s. c 146 s 17;

(118) RCW 16.74.180 and 1969 ex.s. c 146 s 18;

(119) RCW 16.74.190 and 1969 ex.s. c 146 s 19;

(120) RCW 16.74.200 and 1969 ex.s. c 146 s 20;

(121) RCW 16.74.210 and 1969 ex.s. c 146 s 21;

(122) RCW 16.74.220 and 1969 ex.s. c 146 s 22;

(123) RCW 16.74.230 and 1969 ex.s. c 146 s 23;

(124) RCW 16.74.240 and 1969 ex.s. c 146 s 24;

(125) RCW 16.74.250 and 1969 ex.s. c 146 s 25;

(126) RCW 16.74.260 and 1969 ex.s. c 146 s 26;

(127) RCW 16.74.270 and 1969 ex.s. c 146 s 27;

(128) RCW 16.74.280 and 1969 ex.s. c 146 s 28;

(129) RCW 16.74.290 and 1969 ex.s. c 146 s 64;

(130) RCW 16.74.300 and 1969 ex.s. c 146 s 29;

(131) RCW 16.74.310 and 1969 ex.s. c 146 s 30;

(132) RCW 16.74.320 and 1969 ex.s. c 146 s 31;

(133) RCW 16.74.330 and 1969 ex.s. c 146 s 32;

(134) RCW 16.74.340 and 1969 ex.s. c 146 s 33;

(135) RCW 16.74.350 and 1969 ex.s. c 146 s 34;

(136) RCW 16.74.360 and 1969 ex.s. c 146 s 35;

(137) RCW 16.74.370 and 1989 c 175 s 56 & 1969 ex.s. c 146 s 36;

(138) RCW 16.74.380 and 1969 ex.s. c 146 s 37;

(139) RCW 16.74.390 and 1969 ex.s. c 146 s 38;

(140) RCW 16.74.400 and 1969 ex.s. c 146 s 39;

(141) RCW 16.74.410 and 1969 ex.s. c 146 s 41;

(142) RCW 16.74.420 and 1969 ex.s. c 146 s 42;

(143) RCW 16.74.430 and 1969 ex.s. c 146 s 40;

(144) RCW 16.74.440 and 1969 ex.s. c 146 s 43;

(145) RCW 16.74.450 and 1969 ex.s. c 146 s 44;

(146) RCW 16.74.460 and 1969 ex.s. c 146 s 45;

(147) RCW 16.74.470 and 1969 ex.s. c 146 s 46;

(148) RCW 16.74.480 and 1969 ex.s. c 146 s 47;

(149) RCW 16.74.490 and 1969 ex.s. c 146 s 48;

(150) RCW 16.74.500 and 1969 ex.s. c 146 s 49;

(151) RCW 16.74.510 and 1969 ex.s. c 146 s 50;

(152) RCW 16.74.520 and 1969 ex.s. c 146 s 51;

(153) RCW 16.74.530 and 1969 ex.s. c 146 s 52;

(154) RCW 16.74.540 and 1969 ex.s. c 146 s 53;

(155) RCW 16.74.550 and 1969 ex.s. c 146 s 54;

(156) RCW 16.74.560 and 1969 ex.s. c 146 s 55;

(157) RCW 16.74.570 and 1993 c 166 s 2 & 1969 ex.s. c 146 s 65;

(158) RCW 16.74.580 and 1969 ex.s. c 146 s 66;

(159) RCW 16.74.590 and 1969 ex.s. c 146 s 56;

(160) RCW 16.74.600 and 1969 ex.s. c 146 s 57;

(161) RCW 16.74.610 and 1971 ex.s. c 108 s 4 & 1969 ex.s. c 146 s 58;

(162) RCW 16.74.615 and 1971 ex.s. c 108 s 5;

(163) RCW 16.74.620 and 1969 ex.s. c 146 s 59;

(164) RCW 16.74.630 and 1969 ex.s. c 146 s 60;

(165) RCW 16.74.640 and 1969 ex.s. c 146 s 67;

(166) RCW 16.74.650 and 1994 c 128 s 3 & 1969 ex.s. c 146 s 61;

(167) RCW 16.74.900 and 1969 ex.s. c 146 s 68;

(168) RCW 16.74.910 and 1969 ex.s. c 146 s 63;

(169) RCW 16.74.920 and 1969 ex.s. c 146 s 62;

(170) RCW 19.92.100 and 1983 c 89 s 1, 1955 c 61 s 1, 1937 c 214 s 1, & 1927 c 194 s 10;

(171) RCW 19.92.110 and 1983 c 89 s 2 & 1955 c 61 s 3;

(172) RCW 19.92.120 and 1955 c 61 s 4; and

(173) RCW 19.92.240 and 1890 p 522 s 1.