BILL REQ. #:  S-0683.1 

Read first time 01/26/09.   Referred to Committee on Agriculture & Rural Economic Development.

     AN ACT Relating to meat and poultry inspection programs; adding a new chapter to Title 16 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   FINDINGS--INTENT. The legislature finds that several states administer state meat and poultry inspection programs at facilities for which inspection by the federal food safety inspection service of the United States department of agriculture is not readily available. The legislature finds that a state inspection program would support the needs of local producers who wish to sell to local consumers, aid in developing niche markets and the supply of low-volume specialty meat products, and increase the ability to supply inspected meat products at farmers markets, retail outlets, and restaurants that specialize in locally produced agricultural products.
     It is the intent of the legislature that the meat and poultry inspection program established under this chapter enforce requirements that are at least equal to those imposed under federal law including the federal meat inspection act, the poultry products inspection act, and the humane methods of slaughter act. It is the intent that products inspected under this chapter may be sold in intrastate commerce.

NEW SECTION.  Sec. 2   DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Adulterated" means a whole carcass, part of a carcass, or meat food product:
     (a) That bears or contains a poisonous or harmful substance that may render it injurious to health;
     (b) That bears or contains a chemical pesticide that is unsafe under the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 301 et seq.;
     (c) That bears or contains a food or color additive that is unsafe under the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 301 et seq.;
     (d) That contains a filthy, putrid, or decomposed substance or is for any other reason unfit for human food;
     (e) That has been prepared, packed, or held under unsanitary conditions;
     (f) That is wholly or partly the product of an animal that has died in a manner other than slaughter;
     (g) The container of which is wholly or partly composed of a poisonous or harmful substance that may make the contents harmful to health;
     (h) That has been intentionally subjected to radiation, unless the use of the radiation conformed with a regulation or exemption in effect under the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 301 et seq.;
     (i) That is damaged or inferior and that damage or inferiority has been concealed; or
     (j) That has had a substance added to it or mixed or packed with it so as to increase its bulk or weight, or make it appear better than or of greater value than it is.
     (2) "Animal" includes cattle, swine, sheep, goats, bison, bison hybrids, and poultry.
     (3) "Container" includes a can, pot, tin, canvas, or other receptacle containing a meat food product.
     (4) "Custom processing" means slaughtering, eviscerating, dressing, or processing an animal or processing meat products for the owner of the animal or of the meat products, if all meat products derived from the custom operation are returned to the owner of the animal or of the meat products.
     (5) "Director" means the director of the department of agriculture.
     (6) "Intrastate commerce" means commerce within this state.
     (7) "Meat food product" means a product usable as human food and made wholly or in part from meat or a portion of an animal carcass. "Meat food product" does not include any product that contains meat or other portions of the carcasses of animals in a relatively small proportion or that historically has not been considered by consumers as a product of the meat food industry, and that is not represented as a meat food product.
     (8) "Poultry" includes domesticated chickens, ducks, geese, pheasants, quail, ratites, and turkeys.
     (9) "Prepared" means slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed.

NEW SECTION.  Sec. 3   INSPECTORS--APPOINTMENTS--DUTIES. (1) The director shall appoint inspectors to examine and inspect meat food products prepared solely for intrastate commerce in a slaughtering, meat canning, salting, packing, or similar establishment. The inspections must take place at any time during which the slaughtering of animals or the preparation of food products is being conducted. Upon completing an inspection, the inspector shall mark, stamp, tag, or label the product "Washington inspected and passed" if it is unadulterated or as "Washington inspected and condemned" if the product is found to be adulterated.
     (2) The director shall appoint inspectors to examine and inspect each slaughtering, meat canning, salting, packing, or similar establishment in which meat food products are prepared solely for intrastate commerce. The director shall adopt rules of sanitation applicable to these establishments. If any facility does not meet the sanitary conditions required by the director, the director may not allow any meat food product from that facility to be labeled, marked, stamped, or tagged as "Washington inspected and passed."
     (3) Meat food products inspected and passed under this chapter may be sold at retail in this state.
     (4) Neither the director, nor any inspector appointed by the director, may undertake any activity that is duplicative of an activity performed by meat inspectors of the United States department of agriculture.

NEW SECTION.  Sec. 4   ACCESS BY INSPECTORS--PENALTY. (1) The director and any authorized representative of the director have access to:
     (a) Any place where meat or meat products, the manufacture, sale, use, or transportation of which is restricted, regulated, or prohibited by a law of this state, are or may be manufactured, prepared, stored, sold, used, transported, offered for sale or transportation, or possessed with intent to use, sell, or transport;
     (b) Any place where an animal may be slaughtered or is presented for inspection;
     (c) Any car or other carriage used to transport a meat food product or an animal;
     (d) Any place where food is or may be cooked, prepared, sold, or kept for sale to or for the public or distributed as a part of the compensation of an employee or agent; and
     (e) Any place where a meat food product may be manufactured, sold, used, offered for sale or transportation, or possessed with intent to use, sell, or transport.
     (2) The director and any authorized representative of the director may inspect any container believed to hold food, a food ingredient, or some other product, the manufacture, use, sale, or transportation of which is restricted, regulated, or forbidden by state law, and may take samples from it for analysis.
     (3) It is a violation of this chapter for any person to obstruct entry or inspection under this chapter or to fail, upon request, to assist in an inspection authorized by this chapter.

NEW SECTION.  Sec. 5   MARKS AND LABELS. (1) If a meat food product that is inspected and marked "Washington inspected and passed" is being placed or packed in a container, the person preparing the product shall attach to the container, under supervision of an inspector, a label indicating that the product has been "Washington inspected and passed." An inspection under this chapter is not complete until the product has been sealed or enclosed in the container, under the supervision of an inspector.
     (2) A meat food product inspected under this chapter and found not to be adulterated must bear, directly or on its container, a legible label or official mark as required by the director.
     (3) The director shall prescribe by rule the style and size of type to be used in labeling meat under this chapter and standards of identity, composition, and fill of container for meat food products inspected under this chapter, but the standards must be consistent with those established under federal law.

NEW SECTION.  Sec. 6   FALSE OR MISLEADING MARKS, LABELS, AND CONTAINERS. A person may not sell in intrastate commerce any meat food product subject to inspection under this chapter under a name, mark, or label that is false or misleading, or in a container of a misleading form or size. If the director has reason to believe that a mark, label, or container is false or misleading, the director may direct that its use be withheld unless the mark, label, or container is modified in a manner approved by the director. If the person using or proposing to use the mark, label, or container does not accept the determination of the director, the person may request a hearing. The director may direct that the mark, label, or container not be used pending a hearing and final determination by the director. A determination by the director is conclusive unless the person adversely affected appeals to the district court within thirty days after receiving the notice of final determination.

NEW SECTION.  Sec. 7   PROHIBITIONS. A person may not:
     (1) Slaughter an animal or prepare an item usable as human food at any establishment preparing items solely for intrastate commerce, unless the person complies with this chapter;
     (2) Sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce any item that is usable as human food and that is adulterated or misbranded or any item that has not been inspected and passed under this chapter; or
     (3) Alter an item that is usable as human food while the item is being transported in intrastate commerce or held for sale after transportation, if the alteration is intended to cause or has the effect of causing the item to be adulterated or misbranded.

NEW SECTION.  Sec. 8   OFFICIAL MARKS AND CERTIFICATES--REQUIRED AUTHORIZATION. A person may not:
     (1) Cast, print, or otherwise make a device containing an official mark, simulation of an official mark, label bearing a mark or simulation, or form of official certificate or simulation, without authorization from the director;
     (2) Forge an official device, mark, or certificate;
     (3) Use a real or simulated official device, mark, or certificate, or alter, detach, deface, or destroy an official device, mark, or certificate, without authorization from the director;
     (4) Fail to use an official device, mark, or certificate if appropriate;
     (5) Knowingly possess, without promptly notifying the director, a counterfeit, simulated, forged, or improperly altered official certificate, device, or label, or a whole carcass or part of a carcass bearing a counterfeit, simulated, forged, or improperly altered official mark;
     (6) Knowingly make a false statement in a certificate; or
     (7) Knowingly represent falsely that an item has been inspected and passed, or exempted, under this chapter.

NEW SECTION.  Sec. 9   BRIBERY. A person may not give or receive anything of value to influence the performance of an inspector under this chapter.

NEW SECTION.  Sec. 10   INDIVIDUAL AND CUSTOM PROCESSING--EXEMPTION FROM INSPECTION REQUIREMENTS. (1) This chapter does not apply to an individual processing the individual's own animals and the individual's preparation and transportation in intrastate commerce of the whole carcasses, parts of carcasses, and meat food products if the animals are for the exclusive use of the individual, members of the individual's household, the individual's nonpaying guests, and employees.
     (2) The provisions of this chapter requiring inspection of the slaughter of animals, the preparation of the carcasses and parts thereof, and meat and meat food products at establishments conducting such operations do not apply to the custom processing by a person of animals delivered by the owner for processing, and the preparation or transportation in intrastate commerce of the whole carcasses, parts of carcasses, and meat food products of the animals, if the products are to be used exclusively in the household of the animal's owner by the owner and members of the owner's household, nonpaying guests, and employees.
     (3) A custom processor may not engage in the business of buying or selling whole carcasses, parts of carcasses, or meat food products of animals, other than poultry, usable as human food unless the whole carcasses, parts of carcasses, or meat food products have been inspected and passed and are identified as inspected and passed by the director or the United States department of agriculture.
     (4) The provisions of this chapter requiring inspection of the preparation of poultry carcasses and parts thereof, and poultry food products at establishments conducting those operations, do not apply to any retailer with respect to poultry products sold in commerce directly to consumers in an individual retail store, if the retailer does not engage in the business of custom slaughter, and if the poultry products sold in commerce are derived from poultry inspected and passed by the director or the United States department of agriculture.

NEW SECTION.  Sec. 11   STORING AND HANDLING CONDITIONS--RULES. The director shall adopt rules regarding the manner in which all whole carcasses, parts of carcasses, and meat food products of animals usable as human food and subject to this chapter must be stored, handled, and transported.

NEW SECTION.  Sec. 12   ITEMS NOT INTENDED AS HUMAN FOOD. The director may not provide inspection under this chapter at an establishment for the slaughter of animals or the preparation of carcasses or parts or products of animals that are not intended for use as human food. Before these items are offered for sale or transportation in intrastate commerce, they must be denatured or otherwise identified, as prescribed by rules of the director, to deter their use for human food, unless they are naturally inedible by humans. A person may not buy, sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any carcasses, parts of carcasses, or meat food products of animals that are not intended for use as human food, unless the items are denatured or otherwise identified.

NEW SECTION.  Sec. 13   RECORDS. (1) The following persons shall keep records that fully and accurately disclose the transactions described:
     (a) A person in the business of slaughtering animals or preparing, freezing, packaging, or labeling animal carcasses, parts, or products of carcasses for use as human or animal food;
     (b) A person buying, selling, transporting, or storing animal carcasses or parts or products of animal carcasses; and
     (c) A person rendering or buying, selling, or transporting dead, dying, disabled, or diseased animals or parts of the carcasses of animals that died other than by slaughter.
     (2) Upon notice by the director, any person subject to the recordkeeping requirements of this chapter shall give the director access to the person's place of business at all reasonable times and an opportunity to examine the facilities, inventory, and records of the business, to copy business records, and to take reasonable samples of the person's inventory upon payment of the fair market value of the samples.
     (3) Any person subject to the recordkeeping requirements of this chapter shall maintain the records for the period prescribed by the director.

NEW SECTION.  Sec. 14   REGISTRATION. A person may not engage in intrastate business as a meat broker, renderer, or animal food manufacturer; a wholesaler of animal carcasses, carcass parts, or products of carcasses, intended for human food or other purposes; a public warehouse operator storing carcasses or parts of carcasses of animals in or for intrastate commerce; or a buyer, seller, or transporter of dead, dying, disabled, or diseased animals, or parts of the carcasses of animals that died other than by slaughter, unless the person first provides the director with the person's name, the address of each place of business under which the person conducts business, and all trade names under which the person conducts business.

NEW SECTION.  Sec. 15   DEAD, DYING, DISABLED, OR DISEASED ANIMALS--RULES. The director shall adopt rules to ensure that dead, dying, disabled, or diseased animals are not used as human food.

NEW SECTION.  Sec. 16   COOPERATION WITH FEDERAL GOVERNMENT--FEDERAL LAWS. The director shall cooperate with the United States department of agriculture to develop and administer the state meat inspection program provided for under this chapter and to meet any applicable requirements imposed by federal law. The director may accept, from the United States department of agriculture, advice and assistance in planning and otherwise developing the state meat inspection program; technical and laboratory assistance and training, including necessary curricular and instructional materials and equipment; and assistance for the administration of the program.

NEW SECTION.  Sec. 17   REFUSAL OR WITHDRAWAL OF INSPECTION. (1) For the length of time the director considers necessary to carry out the purposes of this chapter, the director may refuse to provide, or withdraw, inspection services from an establishment if after a hearing the director determines that the recipient or potential recipient is unfit to engage in any business requiring inspection under this chapter because the recipient, potential recipient, or anyone responsibly connected with the recipient or potential recipient has been convicted of:
     (a) An offense determined by the director to have a direct bearing on the person's ability to serve the public in a business requiring inspection under this chapter, or the director determines the person is not sufficiently rehabilitated;
     (b) More than one violation of a law based on the acquisition, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food; or
     (c) Fraud in connection with transactions involving food.
     (2) For the purpose of this section, "anyone responsibly connected with a business" means an individual who is a partner, officer, director, holder, or owner of ten percent or more of its voting stock, or an employee in a managerial or executive capacity.

NEW SECTION.  Sec. 18   DETENTION OF ANIMALS OR PRODUCTS. If an inspector finds a whole carcass, part of a carcass, or meat food product, a product exempted from the definition of a meat food product, or a dead, dying, disabled, or diseased animal on premises where it is held for purposes of, during, or after distribution in intrastate commerce, and the inspector reasonably believes that the item is adulterated or misbranded and is usable as human food, or that it has not been inspected, in violation of this chapter or federal law, or that the item or animal has been or is intended to be distributed in violation of this chapter or federal law, the inspector may detain the item for up to twenty days pending a hearing or notification of federal authorities having jurisdiction over the item or animal. The item may not be moved by any person from the place at which it was located when detained, until released by the director. The director may require all official marks to be removed from the item or animal before it is released unless the director is satisfied that the item or animal is eligible to retain the official marks.

NEW SECTION.  Sec. 19   SEIZURE AND CONDEMNATION. The director may initiate action to seize and condemn a whole carcass, part of a carcass, or meat food product, or a dead, dying, disabled, or diseased animal that is being transported in intrastate commerce, or is held for sale in this state after transportation in intrastate commerce if:
     (1) The item is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter;
     (2) The item is usable as human food and is adulterated or misbranded; or
     (3) The item is in any other way violative of this chapter.

NEW SECTION.  Sec. 20   SALE OF CONDEMNED ITEMS. If an item or animal is condemned, it must be disposed of by destruction or sale, as directed by a court. If it is sold, the proceeds must be paid to the state, less the court costs, fees, storage, and reasonable expenses, but the item or animal must not be sold contrary to this chapter or federal law. If a bond is delivered conditioned that the item or animal not be sold or otherwise disposed of contrary to this chapter or federal law, the court may direct that the item or animal be delivered to its owner subject to supervision by the director.

NEW SECTION.  Sec. 21   TYPES OF PROCEEDINGS--AWARD OF COSTS. If a decree of condemnation is entered against an item or animal and it is released under bond or destroyed, a court may award costs, fees, storage, and other reasonable expenses against any person intervening as a claimant of the item or animal. Either party to a proceeding may demand trial by jury of any issue of fact joined in the case, and all proceedings must be in the name of the state. Nothing in this section changes the authority for condemnation or seizure otherwise conferred by law.

NEW SECTION.  Sec. 22   POWERS OF THE DIRECTOR. For the purposes of this chapter, the director may:
     (1) Gather and compile information concerning and investigate the organization, business, conduct, practices, and management of a person in intrastate commerce and the person's relation to other persons;
     (2) Require that a person engaged in intrastate commerce file with the director, in the form and manner prescribed by the director, annual and special reports or written answers to specific questions, giving the director the information the director requires about the organization, business, conduct, practices, management, and relation to other persons, of the person filing the reports or answers;
     (3) Examine and copy documentary evidence of a person being investigated or against whom there are proceedings. A person may not refuse to submit to the director, for inspection and copying, any documentary evidence of a person subject to this chapter in the person's possession or control;
     (4) Adopt rules, in accordance with chapter 34.05 RCW, to implement this chapter, including establishing inspection fees for providing inspection services under this chapter.

NEW SECTION.  Sec. 23   PENALTY. A violation of this chapter or a rule adopted under this chapter is subject to the civil penalty in RCW 16.49.105.

NEW SECTION.  Sec. 24   CAPTIONS NOT LAW. Captions used in this chapter are not any part of the law.

NEW SECTION.  Sec. 25   Sections 1 through 24 of this act constitute a new chapter in Title 16 RCW.