BILL REQ. #:  H-2564.1 

READ FIRST TIME 2/28/07.   

     AN ACT Relating to food labeling requirements; adding a new chapter to Title 69 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   INTENT. The legislature finds that Washington consumers have a right to accurate, accessible information that will assist them in making educated food purchases. The legislature finds that consumers have an interest in knowing the benefits and potential risks to their health from the products they consume. The legislature finds that consumers value knowing when and where food has been packaged and when technologies such as irradiation and modified atmosphere packaging have been applied to the foods that are offered for retail sale. The legislature therefore intends to increase the disclosure of food information to consumers by enhancing existing requirements governing the labeling of certain perishable food products.

NEW SECTION.  Sec. 2   DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Food irradiation" means the process of exposing food to ionizing radiation in order to disinfest, sanitize, sterilize, or preserve it.
     (2) "Labeling" means all labels and other written, printed, or graphic matter (a) upon any article or any of its containers or wrappers, or (b) accompanying such an article.
     (3) "Modified atmosphere packaging," "reduced-oxygen packaging," "low oxygen packaging," "gas flushing packaging," or "vacuum packaging" means controlling the oxygen content in a package to a level below that normally found in the surrounding atmosphere in order to prolong the shelf life of the food within the package.
     (4) "Package" means the immediate container or wrapping in which any food is contained for consumption, use, or storage by consumers, and also means any outer container or wrapping used in the retail display of such a product to consumers.
     (5) "Perishable food product" means meats, poultry, or fish intended for human consumption that are packaged other than at the time and point of retail sale, which have a high risk of spoilage within a period of thirty days and are determined by the director of the department of agriculture by rule to be perishable. For purposes of this chapter, "perishable food product" does not include dairy products, fruits, or vegetables.
     (6) "Retail" means selling, offering for sale, or distributing food for dispensing or sale directly to the consumer.
     (7) "Shelf life" means the length of time during which a packaged food product will retain its safe consumption quality if stored under proper temperature conditions.

NEW SECTION.  Sec. 3   IRRADIATED FOOD DISCLOSURE. No person may sell at retail any perishable food product that has been irradiated without having the package in which it is sold include a label clearly discernible to a consumer at the point of sale disclosing that the product has been treated with radiation.

NEW SECTION.  Sec. 4   MODIFIED ATMOSPHERE PACKAGING WITH CARBON MONOXIDE DISCLOSURE. No person may sell at retail any perishable food product that was packed in modified atmosphere packaging with carbon monoxide without having the package in which it is sold include a label clearly discernible to a consumer at the point of sale disclosing carbon monoxide was used.

NEW SECTION.  Sec. 5   CIVIL PENALTY. Whenever the director of the department of agriculture finds that a person has committed a violation of this chapter, the director may impose upon and collect from the violator a civil penalty not exceeding one thousand dollars per violation per day. Each violation is a separate and distinct offense. Imposition of the civil penalty is subject to a hearing under chapter 34.05 RCW.

NEW SECTION.  Sec. 6   RULE-MAKING AUTHORITY. The director of the department of agriculture shall, in consultation with the secretary of the department of health, establish by rule uniform standards for the perishable food product labeling required under this chapter, and may establish other rules as may be necessary to carry out the purposes of this chapter.

NEW SECTION.  Sec. 7   CAPTIONS. Captions used in this act are not any part of the law.

NEW SECTION.  Sec. 8   CODIFICATION. Sections 1 through 7 of this act constitute a new chapter in Title 69 RCW.