Background:

The Washington State Department of Agriculture (WSDA).

The WSDA oversees, manages, regulates, and supports programs that relate to food safety and the agriculture industry. The scope of the WSDA includes animal services, commodity inspections, consumer services, pesticide management, plant services, food assistance programs, and the marketing of Washington agricultural products.

Movie Theatre Popcorn.

One of the responsibilities of the WSDA is to oversee the intrastate commerce of food, drugs, and cosmetics. This includes the regulation of food color additives (RCW 69.04.025), out-of-state poultry marketed with the outline of Washington on its packaging (RCW 69.04.245), allowable bacon packaging (RCW 69.04.205), and movie theatre popcorn signage (RCW 69.04.331).

Specifically, all popcorn sold by a theatre or other commercial food service is required to post a sign that discloses if the butter or butter-like flavoring used on the popcorn is indeed butter. In lieu of a definition for "butter," there is a reference to a different definition statute that has since been repealed. Thus, the term is undefined.

Methanol/Ethanol Signage.

Any dealer who sells gasoline with more than one percent ethanol or methanol must place a label on the dispensing device stating the type and maximum percentage of alcohol contained in the product. However, dealers located in an area that has been found by the United States Environmental Protection Agency to exceed the minimum air quality standards for carbon monoxide need only follow signage requirements established in federal law. A violation of either of these requirements may be punished by a civil penalty of up to $500 (RCW 19.94.505).

Commodity Commissions.

There are currently 23 individual agricultural commodity commissions in Washington. These commissions are formed primarily to engage in research and marketing related to their specific commodity. The activities of commodity commissions are funded primarily by assessments on the producers of the commodities.

Of the 23 commodity commissions, seven were formed directly by an act of the Legislature. These include the Apple Commission, the Honey Bee Commission, and the Wine Commission. These commissions have individuals authorizing laws that establish procedures and protocols.

The remaining 16 commodity commissions were created by order of the Director of the WSDA. Commissions created by the WSDA follow general procedures applicable to all commodity commissions. Examples of these commissions include the Asparagus Commission, the Seed Potato Commissions, the Red Raspberry Commission, the Turfgrass Seed Commission, and the Blueberry Commission.

Statutory language makes clear that the rules of a commodity commission are one aspect of regulation affecting the agricultural industry. At least 25 other statutory chapters affecting agriculture are listed as examples of other applicable regulations.

Commodity Sales.

The fees collected by the WSDA for the weighing, grading, and inspection of all grains, other than hops, are deposited into the Grain Inspection Revolving Fund. Money in this fund may be used by the WSDA for the operations of its grain inspection program. Up to 5 percent of the money in the Grain Inspection Revolving Fund may be used for research, promotional work, and rate studies relating to wheat and wheat products (RCW 22.09.830).

It is unlawful for any retailer or wholesaler to, after October 1 of any year, sell containers of apples for fresh consumption that have within them individual apples harvested in the prior calendar year (RCW 15.17.210).

Commodity Transportation.

With some exceptions, all hay, straw, and grain that has been, or will be, purchased by weight must be weighed and have a weight ticket produced in order for the commodity to be lawfully transported on a highway. The weight must be measured and recorded by the first weighmaster the transporting vehicle encounters on its ordinary route to the destination where the commodity will be unloaded (RCW 15.80.420).

The Director of the WSDA Appointment Authority.

The Director of the WSDA has the authority to create administrative subdivisions of the WSDA and to appoint a deputy director and up to eight assistant directors. The Director may also name a state veterinarian. The officers are exempt from the state civil service law (RCW 43.23.010).

Reporting of Pesticide Sampling.

The WSDA is required to publish annually the results of any official pesticide sampling analyses. The report must compare the results of the analyses of a pesticide with guaranteed analyses for the pesticide (RCW 15.38.370).

Summary of Bill:

Movie Theatre Popcorn.

A definition for the term "butter" is provided for the statute that requires all popcorn sold by theatres or other commercial food services to post a sign that discloses if the butter or butter-like flavoring used on the popcorn is indeed butter. The definition describes a food product known as butter that is made from cream, milk or cream and milk, containing less than 80 percent milkfat by weight. The definition includes both salted and unsalted butter, as well as butter with or without additional coloring.

Methanol/Ethanol Signage.

The labeling requirements for dealers selling gasoline with more than one percent ethanol or methanol are repealed.

Commodity Commissions.

The list of statutory chapters that are listed as examples of regulations affecting the agriculture industry beyond the rules of commodity commissions is expanded. The regulations identified deal with brassica seed production, horticultural pest and disease boards, pesticide application, and Christmas tree inspections. The identification of the these regulations does not expand their affect on agricultural production covered by a commodity commission.

Commodity Sales.

The provision allowing the WSDA to use up to 5 percent of the money in the Grain Inspection Revolving Fund for research, promotional work, and rate studies relating to wheat and wheat products is removed.

The prohibition on selling apples for fresh consumption after October 1 of any year that were harvested in the prior calendar year is removed.

Commodity Transportation.

The requirement that all hay, straw, and grain that has been, or will be, purchased by weight be weighed and have a weight ticket produced is allowed to be satisfied by an approved scale at a hay or straw processing facility. Pursuing this option must be agreed upon in writing by the dealer or commission merchant and the grower of the commodity or the grower's consigner.

The requirement may still be satisfied by having the vehicle's weight measured and recorded by the first weighmaster encountered on the vehicle's ordinary route to the destination where the commodity will be unloaded.

The Director of the WSDA Appointment Authority.

In addition to a deputy director, a state veterinarian, and up to eight assistant directors, the Director of the WSDA is authorized to appoint a confidential secretary for the deputy director. Like the other officers appointed by the Director, this position would be exempt from the state's civil service laws.

Reporting of Pesticide Sampling.

The requirement that the WSDA publish annually the results of any official pesticide sampling analyses is repealed.

Other Provisions.

Corrections have been made to outdated provisions, obsolete statutory cross references, redundant provisions, and other anachronistic terminology.