HOUSE BILL REPORT

HB 2821

BYRepresentatives Rayburn, McLean, Phillips, Nealey, Heavey, Kremen, Todd, Jesernig, Youngsman, Chandler, Sayan, Doty, Rector, Kirby, Rasmussen, Grant, Cooper, Rust, Day, P. King, May, Crane, Winsley, Brumsickle, Bowman, Inslee, Ferguson, Wolfe, Brough, Bennett, Basich, Forner, Leonard, Sprenkle, R. Meyers, Miller, H. Myers, Brekke, Spanel and Jacobsen

Regulating the transportation of food.

House Committe on Agriculture & Rural Development

Majority Report:  Do pass.  (12)

      Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Nealey, Ranking Republican Member; Baugher, Chandler, Doty, Grant, Jesernig, Kirby, McLean, Rasmussen and Youngsman.

House Staff:Kenneth Hirst (786- 7105)

AS REPORTED BY COMMITTEE ON AGRICULTURE & RURAL DEVELOPMENT

JANUARY 25, 1990

BACKGROUND:

The state's Uniform Food, Drug, and Cosmetic Act is administered by the Department of Agriculture.  Among the actions which are prohibited by the act are adulterating food in intrastate commerce and selling in intrastate commerce food which is adulterated.  Violations of these prohibitions are misdemeanors. In addition, the articles in intrastate commerce in violation of these prohibitions may be embargoed by the director of Agriculture if the director finds or has probable cause to believe that the embargo is necessary to protect the consuming or purchasing public from injury or possible injury.

The act exempts carriers from penalties (other than those for not providing records at the request of the director) which would otherwise arise under the act by reason of the carriers' holding articles in the usual course of business as carriers.

SUMMARY:

Transporting Food in Bulk Form. The state's Uniform Food, Drug, and Cosmetic (UFDC) Act is amended. The director of Agriculture must adopt rules to ensure that food transported in bulk form in intrastate commerce is transported under conditions that prevent the food from being contaminated in a manner which would pose a hazard to the public health.  The "food" which is subject to this authority is any article used for food or drink for humans or used as a component of such an article.  The director must consult with the secretary of Health in developing and adopting the rules.

Violations. Transporting food in violation of these rules, or causing food to be transported in violation of these rules, is prohibited.  A person who violates this prohibition may be subjected to a civil penalty of not more than $5,000 for each violation.  The director must, wherever practical, secure the assistance of other public agencies in identifying and investigating potential violations of these rules.

The provisions of the UFDC Act are altered which exempt carriers from penalties (other than those for not providing records at the request of the Director) which would otherwise arise by reason of the carriers' holding articles in the usual course of business as carriers.  This exemption does not apply to the transport of food in violation of these rules.

Non-bulk Food.  The director, in consultation with the secretary of Health, must examine the hazards to the public health which may be posed by transporting food in other than bulk form.  The director must report to the Legislature by January 1, 1991, recommendations for regulating the transportation of such food.

Fiscal Note:      Requested January 22, 1990.

House Committee ‑ Testified For:    Marty Sangster, Washington Trucking Association; Mike Schwisow, Department of Agriculture; and Eric Slagle, Department of Health.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    The bill will permit the Department of Agriculture to protect the transportation of bulk foods.

House Committee - Testimony Against:      None.