Read first time 01/11/2005.   Referred to Committee on Agriculture & Rural Economic Development.

     AN ACT Relating to milk and milk products; amending RCW 15.36.051, 15.36.231, 15.36.241, and 15.36.491; providing an effective date; and declaring an emergency.

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

Sec. 1   RCW 15.36.051 and 1999 c 291 s 4 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 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. Application for a license shall be on a form prescribed by the director and accompanied by a ((twenty-five)) fifty-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 food processing plant license under chapter 69.07 RCW to process milk or milk products.
     The director shall waive the fee for a food processing license under chapter 69.07 RCW for persons who are also licensed as a milk processing plant.

Sec. 2   RCW 15.36.231 and 1999 c 291 s 14 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. 3   RCW 15.36.241 and 1961 c 11 s 15.36.420 are each amended to read as follows:
     Capping of milk or milk products shall be done ((by)) in a sanitary manner by means of approved ((mechanical)) equipment and operations. ((Hand capping is prohibited.)) The cap or cover shall cover the pouring lip to at least its largest diameter.

Sec. 4   RCW 15.36.491 and 1999 c 291 s 23 are each amended to read as follows:
     All moneys received for licenses under this chapter shall be deposited in the general fund, except that all moneys received for annual milk processing plant licenses under RCW 15.36.051 shall be deposited in the agricultural local fund established under RCW 43.23.230.

NEW SECTION.  Sec. 5   Sections 1 and 4 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2005.