AN
ACT Relating to organic food products; amending RCW 15.86.010, 15.86.020,
15.86.030, 15.86.060, 15.86.070, and 15.86.090; adding a new section to chapter
15.86 RCW; repealing RCW 15.86.031, 15.86.035, 15.86.050, 15.86.080, and 15.86.100;
and prescribing penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
15.86.010 and 1992 c 71 s 1 are each amended to read as follows:
The
legislature recognizes a public benefit in:
(1)
Establishing standards ((for agricultural products marketed and labeled
using the term "organic" or a derivative of the term
"organic." Such standards shall also facilitate the development of
out-of-state markets for Washington food grown by organic methods)) governing
the labeling and advertising of food products and agricultural commodities as
organically produced;
(2)
Providing certification under the federal organic food production act of 1990,
7 U.S.C. Sec. 6501 et seq., and the rules adopted thereunder for agricultural
products marketed and labeled using the term "organic" or a
derivative of the term "organic;"
(3)
Providing access for Washington producers, processors, and handlers to domestic
and international markets for organic food products; and
(4)
Establishing a state organic program under the federal organic food production
act of 1990, 7 U.S.C. Sec. 6501 et seq., and the rules adopted thereunder.
Sec.
2. RCW
15.86.020 and 1992 c 71 s 2 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Director" means the director of the department of agriculture or the
director's designee.
(2)
"Organic food" means any agricultural product, in whole or in
part, including meat, dairy, and beverage, that is marketed using the term
organic or any derivative of organic((, other than the phrase
"transition to organic food," in its labeling or advertising)) and
that is produced, handled, and processed in accordance with this chapter.
(3)
"Producer" means any person or organization who or which grows,
raises, or produces an agricultural product.
(4)
(("Vendor" means anyone who sells or arranges the sale of organic
food to the consumer or another vendor.)) "Handler" means any
person who sells, distributes, or packs organic or transitional products.
(5)
"((Transition to organic)) Transitional food" means any
food product that satisfies all of the requirements of organic food except the
time requirements ((and satisfied all of the requirements of RCW 15.86.031))
as defined in rule.
(6)
"Organic certifying agent" means any third-party certification
organization that is recognized by the director ((by rule)) as being one
which imposes, for certification, standards consistent with this chapter.
(7)
"Processor" means any person engaged in the canning, freezing,
drying, dehydrating, cooking, pressing, powdering, packaging, baking, heating,
mixing, grinding, churning, separating, extracting, cutting, fermenting,
eviscerating, preserving, jarring, or otherwise processing organic food.
(8)
"Person" means any natural person, firm, partnership, exchange,
association, trustee, receiver, corporation, and any member, officer, or
employee thereof or assignee for the benefit of creditors.
(9)
"Department" means the state department of agriculture.
(10)
"Represent" means to hold out as or to advertise.
(11) "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.
Sec.
3. RCW
15.86.030 and 1992 c 71 s 3 are each amended to read as follows:
To
be labeled, sold, or represented as an organic food, a product shall be
produced ((with only those materials and practices approved)) under
standards established under RCW 15.86.060. A producer, processor, or ((a
vendor)) handler shall not represent, sell, or offer for sale any
food product with the representation that the product is an organic food if the
producer, processor, or ((vendor)) handler knows, or ((in the
case of a producer or processor)) has reason to know, that the food has not
been ((grown, raised, or produced with the use of any prohibited materials
listed by the director)) produced, processed, or handled in accordance
with standards established under RCW 15.86.060. ((Organic animal
products shall be considered as "grown, raised, or produced" with a
substance listed by the director under RCW 15.86.060 if the substance has been
applied to the plants, soil, water, or animal, on or in which the organic
animal product is being produced during such time frame as specified by the
director by rule. Other food products shall be considered as "grown,
raised, or produced" with a substance listed by the director under RCW
15.86.060 if the substance is applied to the plants, soil, or water, on or in
which the food product is being produced at any time from three years before
harvest to the final sale to retail purchasers.))
Sec.
4. 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 adoption of the national organic program under the federal organic food
production act of 1990, 7 U.S.C. Sec. 6501 et seq., and the rules adopted
thereunder and 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))) The
director shall issue orders to producers, processors, or ((vendors)) handlers
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)) handler 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)))
(3) 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.
Sec.
5. RCW
15.86.070 and 1997 c 303 s 4 are each amended to read as follows:
(1)
The director may adopt rules establishing a ((certification)) program
for certifying producers, processors, and ((vendors of)) handlers
as meeting state, national, or international standards for organic or ((transition
to organic)) transitional food. The rules may govern, but are not
limited to governing: The number and scheduling of on-site visits, both
announced and unannounced, by certification personnel; recordkeeping
requirements; and the submission of product samples for chemical analysis. The
rules shall include a fee schedule that will provide for the recovery of the
full cost of the organic food program. Fees collected under this section shall
be deposited in an account within the agricultural local fund and the revenue
from such fees shall be used solely for carrying out the provisions of this
section, and no appropriation is required for disbursement from the fund. The
director may employ such personnel as are necessary to carry out the provisions
of this section.
(2)
The fees established under this section may be increased in excess of the
fiscal growth factor as provided in RCW 43.135.055 for the fiscal year ending
June 30, ((1998)) 2003.
Sec.
6. RCW
15.86.090 and 1992 c 71 s 8 are each amended to read as follows:
(1)
It is unlawful for any person to sell, offer for sale, or process any
agricultural product within this state with an organic label unless that person
is certified under this chapter by the department or ((an official)) a
recognized organic certifying agent.
(2)
Subsection (1) of this section shall not apply to:
(a)
Final retailers of organic food that do not process organic food
products; or
(b)
Producers who sell no more than five thousand dollars annually in value
of agricultural products directly to consumers.
NEW
SECTION. Sec. 7. A
new section is added to chapter 15.86 RCW to read as follows:
The
department is authorized to take such actions, conduct proceedings, and enter
orders as permitted or contemplated for a state organic program under the
federal organic food production act of 1990, 7 U.S.C. Sec. 6501 et seq., and
the rules adopted thereunder. The state organic program shall not be
inconsistent with the requirements of 7 U.S.C. Sec. 6501 et seq. and the rules
adopted thereunder, including 7 C.F.R. Sec. 205.668. The department shall
adopt rules necessary to implement this section.
NEW
SECTION. Sec. 8. The
following acts or parts of acts are each repealed:
(1) RCW
15.86.031 ("Transition to organic food"--Out-of-state
products) and 1992 c 71 s 4 & 1989 c 354 s 31;
(2) RCW
15.86.035 (Transition to organic food--Proof) and 1989 c 354 s
33;
(3) RCW
15.86.050 (Producers to provide proof of compliance with law) and
1992 c 71 s 5 & 1985 c 247 s 5;
(4) RCW
15.86.080 (Labeling and recordkeeping requirements) and 1992 c 71
s 6; and
(5) RCW
15.86.100 (Drift of prohibited substances--Tolerance levels) and
1992 c 71 s 9.
