H-2147.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 1910

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By House Committee on Agriculture & Ecology (originally sponsored by Representatives G. Chandler and Anderson)

Read first time 03/02/1999.

Establishing logos for substances approved for use in the production, processing, and handling of organic food.

    AN ACT Relating to establishing logos for substances approved for use in the production, processing, and handling of organic food; and amending RCW 15.86.060.

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

    Sec. 1.  RCW 15.86.060 and 1992 c 71 s 7 are each amended to read as follows:

    (1) The director shall adopt such rules and regulations, in conformity with chapter 34.05 RCW, as the director believes are appropriate for the proper administration of this chapter.

    (2) The director shall establish a list of approved substances that may be used in the production, processing, and handling of organic food.  This list shall:

    (a) Approve the use of natural substances except for specific natural substances that may not be used in the production and handling of agricultural products labeled as organic because these substances would be harmful to human health or the environment and are inconsistent with organic farming principles;

    (b) Prohibit the use of synthetic substances except for specific synthetic substances that may be used in the production and handling of agricultural products labeled as organic because these substances:

    (i) Would not be harmful to human health or the environment;

    (ii) Are necessary to the production or handling of the agricultural products;

    (iii) Are consistent with organic farming principles; and

    (iv) Are used in the production of agricultural products and contain active synthetic ingredients in the following categories:  Copper and sulfur compounds; toxins derived from bacteria; pheromones; soaps; horticultural oils; vitamins and minerals; livestock parasiticides and medicines; and production aids including netting, tree wraps and seals, insect traps, sticky barriers, row covers, and equipment cleansers; or

    (v) Are used in production and contain synthetic inert ingredients.

    (3) Unless otherwise provided for by rule, substances approved by the director and registered for use in organic food production under rules adopted by the director may be identified by the use of a logo.  Such a logo may include the seal of the state of Washington.  This subsection may not be construed as requiring rule making or limiting the authority of the director to adopt rules allowing and regulating under this chapter the use of other logos which include or do not include the state seal.

(4) The director shall issue orders to producers, processors, or vendors whom he or she finds are violating any provision of this chapter, or rules or regulations adopted under this chapter, to cease their violations and desist from future violations.  Whenever the director finds that a producer, processor, or vendor has committed a violation, the director shall impose on and collect from the violator a civil fine not exceeding the total of the following amounts:  (a) The state's estimated costs of investigating and taking appropriate administrative and enforcement actions in respect to the violation; and (b) one thousand dollars.

    (((4))) (5) The director may deny, suspend, or revoke a certification provided for in this chapter if he or she determines that an applicant or certified person has violated this chapter or rules adopted under it.

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