HOUSE BILL REPORT

SB 5154

BYSenators West and Kreidler; by request of Department of Social and Health Services

Providing for sanitary control of shellfish.

House Committe on Health Care

Majority Report:  Do pass.  (10)

      Signed by Representatives Braddock; Chair; Day, Vice Chair; Brooks, Ranking Republican Member; Cantwell, Chandler, Morris, Prentice, Sommers, Vekich and Wolfe.

House Staff:Antonio Sanchez (786-7383)

AS PASSED HOUSE APRIL 13, 1989

BACKGROUND:

The Department of Social and Health Services (DSHS) administers sanitation requirements for commercial shellfish growing areas and shellfish plant facilities and operations.

The growing demand for shellfish products has resulted in increased illegal harvesting of shellfish from unapproved growing areas.  Current statutes allow DSHS to revoke the licenses of persons involved in illegal harvesting.  Those persons are also subject to criminal penalties.  There currently are no provisions for addressing civil penalties.

SUMMARY:

Language is added to the Sanitary Shellfish Control Act (RCW 69.30) establishing provisions for sanitary control of shellfish.  The Department of Social and Health Services (DSHS) is authorized to assess civil penalties of up to $500 per day for each violation.  The department is granted authority to remit or mitigate the penalty when it deems such action as proper.  A violator receiving a civil penalty from DSHS may pursue an adjudicative proceeding under the Administrative Procedure Act (RCW 34.05).

Fiscal Note:      Available.

House Committee ‑ Testified For:    Eric Slagle; Department of Social and Health Services.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Stronger civil penalties will provide DSHS with another important method for controlling illegal harvesting of shellfish.

House Committee - Testimony Against:      None Presented.