BILL REQ. #:  S-1425.1 

READ FIRST TIME 02/05/09.   

     AN ACT Relating to the use of milk products for animal food consumption; amending RCW 15.37.040, 15.37.120, and 15.53.901; adding new sections to chapter 15.37 RCW; repealing RCW 15.37.150; prescribing penalties; and providing an effective date.

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

Sec. 1   RCW 15.37.040 and 1961 c 285 s 4 are each amended to read as follows:
     (1) Applicants for a license issued under this chapter must have either a current milk producers license or a current milk processing plant license issued under chapter 15.36 RCW.
     (2) Application for a license shall be on a form prescribed by the director and shall include the following:
     (((1))) (a) The full name of the person applying for the license((.));
     (((2))) (b) If such applicant is a receiver, trustee, firm, partnership, association, or corporation, the full name of each member of the firm or partnership or the names of the officers of the association or corporation shall be given on the application((.));
     (((3))) (c) The principal business address of the applicant in the state and elsewhere((.));
     (((4))) (d) The name of a person domiciled in this state authorized to receive and accept service or legal notice of all kinds((.)); and
     (((5))) (e) Any other information prescribed by the director necessary to carry out the purposes and provisions of this chapter.
     (3) The director shall issue a license to an applicant upon his or her satisfaction that the applicant has satisfied the requirements of this chapter and rules adopted ((hereunder)) under it and that such applicant has paid the required fee.

NEW SECTION.  Sec. 2   A new section is added to chapter 15.37 RCW to read as follows:
     (1) The director shall adopt rules establishing standards and requirements for milk, cream, or skim milk sold for animal food consumption. Requirements may include, but are not limited to, recordkeeping, testing, handling, and processing requirements to ensure safety of the product.
     (2) Milk, cream, or skim milk for animal food consumption that meets the requirements of this chapter and rules adopted under it, and is sold within the state, is not subject to the requirements of chapter 15.53 RCW. This chapter does not exempt licensees from meeting any other requirements applicable to milk, cream, or skim milk sold for animal food consumption in interstate commerce.

Sec. 3   RCW 15.37.120 and 1961 c 285 s 12 are each amended to read as follows:
     The director ((or his duly authorized representative)) may enter, during reasonable business hours, any premise where milk, cream, or skim milk, for animal food consumption, subject to ((the provisions of)) this chapter is produced, handled, distributed, sold, offered for sale, held for sale, or used for the inducement of the sale of another product to ((determine if such milk, cream, or skim milk has been properly decharacterized as provided in RCW 15.37.100 or rules adopted hereunder)) inspect the facility, equipment, and product to determine compliance with this chapter. The director may take samples of milk or any milk products and water and environmental samples for laboratory analysis. The director shall have access to records including, but not limited to, customer lists, milk production records, temperature records, and records of inspections and tests. No person shall interfere with the director ((or his duly authorized representative)) when ((he)) the director is performing or carrying out the duties imposed ((on him)) by this chapter or its rules ((adopted hereunder)).
     If the director is denied access to any premise where milk, cream, or skim milk, for animal food consumption, subject to this chapter is produced, handled, distributed, sold, offered for sale, held for sale, or used for the inducement of the sale of another product, the director may apply to a court of competent jurisdiction for a search warrant authorizing access to the property and facilities for purposes of conducting tests and inspections, taking samples, and examining records. To show that access is denied, the director shall file with the court an affidavit or declaration containing a description of his or her attempts to notify and locate the owner or the owner's agent and to secure consent. Upon application, the court may issue a search warrant for the purposes requested.

NEW SECTION.  Sec. 4   A new section is added to chapter 15.37 RCW to read as follows:
     Violations of this chapter are subject to the enforcement provisions of this chapter and the enforcement provisions, including penalties that may be levied, under chapter 15.36 RCW.

NEW SECTION.  Sec. 5   A new section is added to chapter 15.37 RCW to read as follows:
     All license fees collected under this chapter must be deposited in the dairy inspection account created in RCW 15.36.551.

Sec. 6   RCW 15.53.901 and 2005 c 18 s 1 are each amended to read as follows:
     The definitions set forth in this section apply throughout this chapter.
     (1) "Brand name" means a word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others.
     (2) "Commercial feed" means all materials or combination of materials that are distributed or intended for distribution for use as feed or for mixing in feed, unless such materials are specifically exempted. Unmixed whole seeds and physically altered entire unmixed seeds, when such whole seeds or physically altered seeds are not chemically changed or not adulterated within the meaning of RCW 15.53.902, are exempt. The department by rule may exempt from this definition, or from specific provisions of this chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when such commodities, compounds, or substances are not intermixed with other materials, and are not adulterated within the meaning of RCW 15.53.902. Milk, cream, or skim milk, for animal food consumption regulated under chapter 15.37 RCW and sold in intrastate commerce, is not commercial feed for the purpose of this chapter.
     (3) "Contract feeder" means a person who is an independent contractor and feeds commercial feed to animals pursuant to a contract whereby such commercial feed is supplied, furnished, or otherwise provided to such person and whereby such person's remuneration is determined all or in part by feed consumption, mortality, profits, or amount or quality of product.
     (4) "Customer-formula feed" means commercial feed that consists of a mixture of commercial feeds or feed ingredients, or both, each batch of which is manufactured according to the instructions of the final purchaser.
     (5) "Department" means the department of agriculture of the state of Washington or its duly authorized representative.
     (6) "Director" means the director of the department or a duly authorized representative.
     (7) "Distribute" means to offer for sale, sell, exchange or barter, commercial feed; or to supply, furnish, or otherwise provide commercial feed to a contract feeder.
     (8) "Distributor" means a person who distributes.
     (9) "Drug" means an article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than people and articles, other than feed intended to affect the structure or a function of the animal body.
     (10) "Facility" means any place where a commercial feed is manufactured, repackaged, sold, transloaded, or stored for later distribution.
     (11) "Feed ingredient" means each of the constituent materials making up a commercial feed.
     (12) "Final purchaser" means a person who purchases commercial feed to feed to animals in his or her care.
     (13) "Initial distributor" means a person who first distributes a commercial feed in or into this state.
     (14) "Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed.
     (15) "Labeling" means all labels and other written, printed, or graphic matter: (a) Upon a commercial feed or any of its containers or wrappers; or (b) accompanying such commercial feed.
     (16) "Licensee" means a person who holds a commercial feed license as prescribed in this chapter.
     (17) "Manufacture" means to grind, mix or blend, or further process a commercial feed for distribution.
     (18) "Medicated feed" means a commercial feed containing a drug or other medication.
     (19) "Mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.
     (20) "Official sample" means a sample of feed taken by the department, obtained and analyzed as provided in RCW 15.53.9024 (3), (5), or (6).
     (21) "Percent" or "percentage" means percentage by weight.
     (22) "Person" means an individual, firm, partnership, corporation, or association.
     (23) "Pet" means a domesticated animal normally maintained in or near the household of the owner of the pet.
     (24) "Pet food" means a commercial feed prepared and distributed for consumption by pets.
     (25) "Product name" means the name of the commercial feed that identifies it as to kind, class, or specific use.
     (26) "Responsible buyer" means a licensee who is not the final purchaser of a commercial feed and has agreed to be responsible for reporting tonnage and paying inspection fees for all commercial feeds they distribute.
     (27) "Retail" means to distribute to the final purchaser.
     (28) "Sell" or "sale" includes exchange.
     (29) "Specialty pet" means a domesticated animal pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles.
     (30) "Specialty pet food" means a commercial feed prepared and distributed for consumption by specialty pets.
     (31) "Ton" means a net weight of two thousand pounds avoirdupois.
     (32) "Transload" means to transfer commercial feed from one carrier to another carrier without processing or blending the ingredients, for example, transferred from rail car to trucks or shipping containers.
     (33) "Quantity statement" means the net weight (mass), net volume (liquid or dry), or count.

NEW SECTION.  Sec. 7   RCW 15.37.150 (Penalty) and 1961 c 285 s 15 are each repealed.

NEW SECTION.  Sec. 8   This act takes effect October 1, 2009.