AN
ACT Relating to custom meat slaughter and preparation; amending RCW 16.49.435,
16.49.680, 16.49.440, 16.49.690, 16.49.610, 16.49.451, 16.49.700, 16.49.710,
16.49.444, 16.49.510, and 16.49.670; adding new sections to chapter 16.49 RCW;
adding a new section to chapter 16.57 RCW; recodifying RCW 16.49.435,
16.49.680, 16.49.440, 16.49.690, 16.49.610, 16.49.451, 16.49.700, 16.49.710,
16.49.444, 16.49.510, and RCW 16.49.670; repealing RCW 16.49.441, 16.49.442,
16.49.454, 16.49.500, 16.49.630, and 16.49.635; 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 16.49 RCW to read as follows:
This
chapter is intended to safeguard the household user of uninspected and
inspected meat products from possible harm due to adulterated, misbranded, or
unfit meat or meat products or meat or meat products that have been prepared
under insanitary conditions.
Sec.
2. RCW
16.49.435 and 1999 c 291 s 28 are each amended to read as follows:
For
the purposes of this chapter:
(1)
"Department" means the department of agriculture of the state of
Washington.
(2)
"Director" means the director of the department or the director's
designee.
(3)
"Custom farm slaughterer" means ((any)) a person
licensed ((under this chapter who may under such license engage in the
business of slaughtering)) to slaughter meat food animals ((only))
for the ((consumption of the)) owner ((thereof)) of the animal
through the use of ((an approved)) a mobile unit ((under such
conditions as may be prescribed by the director)).
(4)
"Custom slaughtering establishment" means the facility operated by ((any))
a person licensed ((under this chapter who may under such license
engage in the business of slaughtering)) to slaughter meat food
animals ((only)) for the ((consumption of the)) owner ((thereof))
of the animal at a fixed location ((under such conditions as may be
prescribed by the director)).
(5)
"Custom meat facility" means the facility operated by ((any)) a
person licensed ((under this chapter who may under such license engage in
the business of preparing)) to prepare uninspected meat for the ((sole
consumption of the)) owner of the uninspected meat ((being prepared)).
Operators of custom meat facilities may also ((prepare inspected meat for
household users only under such conditions as may be prescribed by the director
and may sell such prepared inspected meat to household users only. Operators
of custom meat facilities may also)) sell prepackaged inspected meat to any
person((, provided the prepackaged inspected meat is not prepared in any
manner by the operator and the operator does not open or alter the original
package that the inspected meat was placed in)). This chapter does not
prohibit the operator of a custom meat facility from being licensed to prepare
at the facility and sell inspected meat to any person.
(6)
"Inspected meat" means the carcasses or carcass parts ((thereof))
of meat food animals which have been slaughtered and inspected at
establishments subject to inspection under a federal meat inspection act.
(7)
"Uninspected meat" means the carcasses or carcass parts ((thereof))
of meat food animals ((which)) that have been slaughtered by the
owner ((thereof, or which have been slaughtered by)) of the animals,
a custom farm slaughterer, or at a custom slaughtering establishment.
(8)
"Household user" means the ultimate consumer, ((the)) members
of the consumer's household, and his or her nonpaying guests and employees.
(9)
"Person" means any ((natural person, firm)) individual,
partnership, ((exchange,)) association, ((trustee, receiver,)) and
corporation((, and any member, officer, or employee thereof or assignee for
the benefit of creditors)).
(10)
"Meat food animal" means cattle, swine, sheep, or goats.
(11)
"Meat food bird" means a ratite, such as an ostrich, emu, or rhea.
(12)
"Official establishment" means an establishment operated for the
purpose of slaughtering meat food animals for sale or use as human food in
compliance with the federal meat inspection act (((21 U.S.C. Sec. 71 et
seq.))).
(((12))) (13) "Prepared" means ((canned))
smoked, salted, rendered, boned, cut up, or otherwise ((manufactured,
or)) processed.
Sec.
3. RCW
16.49.680 and 1987 c 77 s 5 are each amended to read as follows:
((To
ensure the sanitary slaughtering of meat food animals and handling of meat and
meat food products by licensees under this chapter, the director may adopt such
rules as the director finds necessary to protect public health and safety. To
ensure the identification of meat food animals slaughtered by licensees and the
meat and meat food products handled by licensees, both as to ownership and as
to whether the product is uninspected meat or inspected meat, the director may
adopt such rules as the director finds necessary. The director may also adopt
such other rules as the director finds necessary to carry out this chapter.))
The director shall enforce and carry out the provisions of this chapter and
adopt rules necessary to carry out its purpose. The rules may include, but are
not limited to:
(1)
Requirements for construction, equipment, cleaning, sanitation, and sanitary
practices to ensure sanitary operations;
(2)
Requirements for identification or tagging of meat food animals slaughtered by
licensees to maintain identification of the owner of the animal;
(3)
Requirements for handling and storing inspected and uninspected meats and meat
products;
(4)
Requirements for labeling meat and meat products; and
(5)
Requirements for slaughtering and processing of meat food birds by licensees.
Sec.
4. RCW
16.49.440 and 1991 c 109 s 4 are each amended to read as follows:
(1)
It ((shall be)) is unlawful for any person to ((act)) operate
as a custom farm slaughterer or to operate a custom slaughtering establishment
or custom meat facility in the state without first obtaining a license
from the director. ((The license shall be an annual license and shall
expire 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. For)) Custom farm slaughterers((,)) must obtain
a separate license ((shall be required)) for each mobile unit. Separate
licenses are required for each custom slaughtering establishment and custom
meat facility ((shall also require a separate license)).
(2)
Application for a license ((shall)) must be made on a form
prescribed by the director ((of agriculture)) and accompanied by a
twenty-five dollar ((annual)) license fee. The application ((shall))
must include:
(a)
The full name and address of the applicant. If the applicant is a
partnership or corporation, the application ((shall)) must
include the full name and address of each partner or officer((.));
(b)
The physical location address of each establishment or facility to be licensed;
(c)
The ((application shall further state the principal business address of the
applicant in the state or elsewhere and the)) name and address of a
resident of this state authorized to ((receive and)) accept ((service
of summons of)) legal notices ((of all kinds)) for the applicant((,));
and
(d)
Any other ((necessary)) information prescribed by the director ((of
agriculture. The license shall be issued by the director upon his satisfaction
that the applicant's equipment is properly constructed, has the proper sanitary
and mechanical equipment and is maintained in a sanitary manner as required
under this chapter and/or rules adopted hereunder. The director of agriculture
shall also provide for the periodic inspection of equipment used by licensees
to assure compliance with the provisions of this chapter and the rules adopted
hereunder)).
(3)
If an application for renewal of a license and the license fee are not received
by June 30th, the applicant must pay an additional fee of twenty-five dollars
before the renewal license is issued.
(4)
Initial issuance of a license requires a prelicense inspection by the director
for compliance with this chapter and rules adopted under this chapter. A
license shall only be issued after an applicant is found to be in substantial
compliance with this chapter and rules adopted under this chapter.
(5)
Licenses issued under this chapter expire June 30th of each year.
(6) Licenses issued under this chapter are not transferrable.
Sec.
5. RCW
16.49.690 and 1987 c 77 s 8 are each amended to read as follows:
To
((ensure that licensees under this chapter maintain proper sanitary
practices and comply)) determine compliance with ((all the
provisions of)) this chapter and the rules adopted ((hereunder)) under
this chapter, the director may inspect the mobile unit of any custom farm
slaughterer and the premises of any custom slaughtering establishment or custom
meat facility at any reasonable time. ((No person may interfere with the
director in the performance of his or her duties under this chapter or the
rules adopted hereunder.))
Sec.
6. RCW
16.49.610 and 1987 c 77 s 3 are each amended to read as follows:
Inspected
and uninspected meat may only be prepared by a custom meat facility under the
following conditions:
(1)
Inspected meat and ((the meat and)) meat ((food)) products
prepared ((therefrom shall)) from inspected meat must be kept
separated ((at all times)) from uninspected meat and ((the)) meat
((food)) products prepared ((therefrom, by a sufficient distance))
from uninspected meat to prevent inspected meat from coming into contact
with uninspected meat.
(2)
Preparation of inspected meat and uninspected meat ((shall)) must
be done at different times.
(3)
((No sales of inspected meat, nor the meat food products derived therefrom
shall be made to any person other than a household user.)) Equipment
used in preparing uninspected meat or products prepared from uninspected meat
must be cleaned and sanitized before being used to prepare inspected meat.
(4)
Uninspected meat ((shall)) may be prepared only for the ((sole))
use of the owner ((of said uninspected meat)), who ((shall)) must
be a household user.
(5)
((Inspected meat may be purchased by a custom meat facility for preparation
and sale to a household user only.
(6)))
Uninspected meat((, as well as the packages and containers containing any
meat or)) and meat ((food)) products prepared ((therefrom
shall)) from uninspected meat must be ((plainly)) clearly
marked and labeled "not for sale" ((or as otherwise prescribed by
the director)).
(((7)
Any custom meat facility shall comply with sanitation rules and regulations
promulgated by the director.)) (6) Packages of uninspected meat may not
be stored in a retail counter.
Sec.
7. RCW
16.49.451 and 1967 ex.s. c 120 s 4 are each amended to read as follows:
((Notwithstanding any other provisions of the law, any)) A
licensed custom farm slaughterer may((, without the need for any other
license,)) transport the offal of a meat food animal he or she has
slaughtered for the owner ((thereof)), when ((such offal)) it
is transported as ((a)) part of ((such)) a slaughtering
transaction and ((such)) the offal is handled in a sanitary((,
suitable container and)) manner ((as provided by the director)).
Sec.
8. RCW
16.49.700 and 1987 c 77 s 9 are each amended to read as follows:
It
is unlawful for any person to:
(1)
Sell, trade, or give away uninspected meat or ((the)) meat ((food))
products ((that may be derived therefrom. Any violation of this section by
a licensee under this chapter shall be sufficient reason for the revocation of
the licensee's license)); or
(2) Interfere with the director in the performance of his or her
duties under this chapter or the rules adopted under this chapter.
Sec.
9. RCW
16.49.710 and 1987 c 77 s 10 are each amended to read as follows:
The director may investigate any violation or possible violation of
this chapter or any rule adopted under this chapter. ((In the furtherance
of any)) To assist in such investigation, the director may issue
subpoenas to compel the attendance of witnesses or ((the)) to compel
production of ((books)) records or documents anywhere in the
state.
Sec.
10. RCW
16.49.444 and 1994 c 128 s 1 are each amended to read as follows:
The
director ((of agriculture)) may((, subsequent to a hearing under
chapter 34.05 RCW,)) deny, suspend, ((establish conditions of probation
for a designated period of time,)) or revoke any license required under
this chapter if ((it is determined)) the director determines that
an applicant or licensee has committed any of the following acts:
(1)
Refused, neglected, or failed to comply with the provisions of this chapter,
the rules adopted ((hereunder)) under this chapter, or any lawful
order of the ((department of agriculture)) director;
(2)
Refused, neglected, or failed to keep and maintain records required ((by))
under this chapter((,)) or rules adopted under this chapter
to make the records available ((when requested under this chapter; or)) to
the director on request;
(3)
Refused the director ((of agriculture)) access to any facilities or
parts of the facilities ((subject to)) for the purpose of carrying
out the provisions of this chapter or rules adopted under this chapter;
or
(4)
Refused, neglected, or failed to comply with any provisions of chapter 69.04
RCW, intrastate commerce in food, drugs, and cosmetics, or rules adopted under
that chapter.
Upon
receipt of notice by the director to deny, suspend, or revoke a license, a
person may request a hearing under chapter 34.05 RCW.
Sec.
11. RCW
16.49.510 and 1994 c 128 s 2 are each amended to read as follows:
((If
the director finds that a person has committed a violation of any provision of
this chapter or rules adopted under this chapter, the director may impose upon
and collect from the violator, a civil penalty not exceeding)) 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. Each violation is a separate and
distinct offense.
((The
violation of any provision of this chapter or rules adopted hereunder shall
constitute a gross misdemeanor.
Both
a civil penalty and a criminal penalty may not be imposed for the same
violation.)) All moneys collected for civil penalties
under this chapter shall be deposited in the state general fund.
NEW
SECTION. Sec. 12. A
new section is added to chapter 16.49 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.
13. RCW
16.49.670 and 1999 c 291 s 29 are each amended to read as follows:
The
provisions of this chapter relating to the sale of inspected meat in
custom meat facilities ((shall in no way)) do not supersede or
restrict the authority of any county or any city to adopt ordinances ((which))
that are more restrictive for the handling and sale of inspected
meat than those provided ((for herein)) in this chapter.
NEW
SECTION. Sec. 14. A
new section is added to chapter 16.57 RCW to read as follows:
Any
person licensed as a custom farm slaughterer under RCW 16.49.440 (as recodified
by this act) shall complete and attach a custom slaughter beef tag to each of
the four quarters of all slaughtered cattle handled by the slaughterer. The
tags must remain on the quarters until the quarters are cut and wrapped. Only
the director may provide custom slaughter beef tags to custom farm
slaughterers. The fee for each set of four custom slaughter beef tags is as
prescribed in WAC 16-607-100 as it existed on January 1, 2000. The director
may, by rule, establish criteria for the use of custom slaughter beef tags.
NEW
SECTION. Sec. 15. The
following acts or parts of acts are each repealed:
(1) RCW
16.49.441 (Custom farm slaughterers--Prelicense inspections) and
1987 c 77 s 6;
(2) RCW
16.49.442 (Additional fee for late renewal--Exception) and 1991 c
109 s 5 & 1985 c 415 s 11;
(3) RCW
16.49.454 (Establishment of need--Contents of
application--Hearing) and 1989 c 175 s 53, 1987 c 77 s 2, & 1961 c 91 s 2;
(4) RCW
16.49.500 (Washington State University laboratories
exemption--Inspection, stamping) and 1959 c 204 s 50;
(5) RCW
16.49.630 (Custom meat facilities--License--Generally) and 1991 c
109 s 6 & 1971 ex.s. c 98 s 5; and
(6) RCW
16.49.635 (Custom meat facilities--Prelicense inspections) and
1987 c 77 s 7.
NEW
SECTION. Sec. 16. The
following sections are codified or recodified within chapter 16.49 RCW in the
following order:
Section
1 of this act;
16.49.435;
16.49.680;
16.49.440;
16.49.690;
16.49.610;
16.49.451;
16.49.700;
16.49.710;
16.49.444;
16.49.510;
Section
12 of this act; and
16.49.670.
