_______________________________________________
SENATE
BILL 5365
_______________________________________________
Passed
Legislature - 1999 Regular Session
State
of Washington 56th Legislature 1999 Regular Session
By
Read
first time 01/21/1999. Referred to Committee on Commerce, Trade, Housing &
Financial Institutions.
Regulating the preparation and sale of dietary supplements
containing alcohol.
AN
ACT Relating to the preparation and sale of dietary supplements containing
alcohol; and amending RCW 66.12.070.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
66.12.070 and 1933 ex.s. c 62 s 51 are each amended to read as follows:
(1)
Where a medicinal preparation contains liquor as one of the necessary
ingredients thereof, and also contains sufficient medication to prevent its use
as an alcoholic beverage, nothing in this title shall apply to or prevent its
composition or sale by a druggist when compounded from liquor purchased by the
druggist under a special permit held by him, nor apply to or prevent the
purchase or consumption of the preparation by any person for strictly medicinal
purposes.
(2)
Where a toilet or culinary preparation, that is to say, any perfume, lotion, or
flavoring extract or essence, or dietary supplement as defined by the
federal food and drug administration, contains liquor and also contains
sufficient ingredient or medication to prevent its use as a beverage, nothing
in this title shall apply to or prevent the sale or purchase of that
preparation by any druggist or other person who manufactures or deals in the
preparation, nor apply to or prevent the purchase or consumption of the
preparation by any person who purchases or consumes it for any toilet or
culinary purpose.
(3)
In order to determine whether any particular medicinal, toilet, dietary
supplement, or culinary preparation referred to in this section contains
sufficient ingredient or medication to prevent its use as an alcoholic
beverage, the board may cause a sample of the preparation, purchased or
obtained from any person whomsoever, to be analyzed by an analyst appointed or
designated by the board; and if it appears from a certificate signed by the
analyst that he finds the sample so analyzed by him did not contain sufficient
ingredient or medication to prevent its use as an alcoholic beverage, the
certificate shall be conclusive evidence that the preparation, the sample of
which was so analyzed, is not a preparation the sale or purchase of which is
permitted by this section.
(4)
Dietary supplements that contain more than one-half of one percent alcohol
which are prepared and sold under this section shall be clearly labeled and the
ingredients listed on the label in accordance with the provisions of the
federal food, drug, and cosmetics act (21 U.S.C. Sec. 321) as now or hereafter
amended.
Passed the Senate March 13, 1999.
Passed the House April 8, 1999.
Approved by the Governor
April 22, 1999.
Filed
in Office of Secretary of State April 22, 1999.
