Title 15 — Title 15 AGRICULTURE AND MARKETING

The purpose of this chapter is to protect the public from adulteration, misbranding, and false advertisement of food in intrastate commerce. The intent is to promote uniformity with federal law, governmental transparency, and regulatory fairness.[ 2018 c 236 s 1.]

(1) All references to a federal statute in this chapter mean the statute and its implementing regulations existing on June 7, 2018, or the date of such subsequent version as the department may adopt by rule.(2) Where the referenced federal statute refers to the "secretary," the m…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Advertisement" means all representations, other than by labeling, that directly or indirectly induce, or are likely to induce, the purchase of food.(2) "Carrier" means…

(1) The department must do all acts and things necessary to carry out and enforce the provisions of this chapter.(2) The department must adopt rules as necessary to implement the purpose and provisions of this chapter.(a) To the extent feasible, the rules must promote uniformity …

Chapter 34.05 RCW governs the administration of this chapter including but not limited to rule making, assessment of civil penalties, orders, emergency actions, and license suspension, revocation, or denial.[ 2018 c 236 s 104.]

(1) Food in transit from one processing facility to another processing facility to complete its preparation for sale is exempt from the labeling requirements of this chapter, but is otherwise subject to all applicable provisions of this chapter.(2) This chapter is not applicable …

The following information or records obtained from the federal food and drug administration pursuant to a contract or commissioning agreement is exempt from public inspection and copying under chapter 42.56 RCW to the extent it is exempt from disclosure under 5 U.S.C. Sec. 552, t…

(1) A person may not:(a) Cause or intend to cause adulteration of food in intrastate commerce;(b) Sell, process, or store adulterated food in intrastate commerce; or(c) Receive for the purpose of sale in intrastate commerce food known to be adulterated.(2) Food is adulterated if …

(1) A person may not:(a) Cause or intend to cause misbranded food in intrastate commerce;(b) Sell, process, or store misbranded food in intrastate commerce; or(c) Receive for the purpose of sale in intrastate commerce food known to be misbranded.(2) Food is misbranded if it is mi…

(1) A person may not disseminate false advertising with respect to food within the state, in any manner or by any means or through any medium.(2) An advertisement of a food is false if it is false or misleading in any particular or if it is false or misleading within the meaning …

A person may not change, mutilate, destroy, obliterate, or remove any part of food labeling, or do any other act that results in a food being adulterated or misbranded after shipment in intrastate commerce and while the food is held for sale.[ 2018 c 236 s 204.]

A person may not knowingly or intentionally give a false guarantee or falsely warrant that food complies with this chapter.[ 2018 c 236 s 205.]

(1) All perishable packaged foods in intrastate commerce with a projected shelf life of thirty days or less must state a pull date on the package.(2) The pull date must be stated by month and day and be in a style and format that is readily decipherable by consumers.(3) A person …

(1) Theaters and other commercial food establishments that prepare and sell popcorn for human consumption must post a sign in a conspicuous location identifying whether butter or butter-like flavoring added to or attributed to the popcorn offered for sale is butter or some other …

(1) Unless otherwise provided, the provisions in this section apply to a license or certificate issued under this chapter.(2) Applicants for a new or renewal license issued by the department must submit applications on forms prescribed by the department.(3) The license fee must a…

(1) A person may not operate as a direct seller without a license issued by the department.(2) A licensed direct seller must transport food under conditions that protect food against physical, chemical, and microbial contamination, as well as against deterioration of the food and…

(1) Any person authorized by the department to operate a food facility must provide the department access for inspection to any part, portion, or area of the food facility or its records subject to the authorization.(2) When possible, the department must make any such inspection …

(1) The department may deny, suspend, or revoke a license issued by the department upon determining that an applicant or licensee has:(a) Refused, neglected, or failed to comply with the provisions of this chapter or the rules adopted under it, or a lawful order of the department…

(1) At reasonable times, the department may enter any food facility to inspect such food facility and all pertinent equipment, finished and unfinished materials, containers, labeling, and advertisements and take samples for compliance with this chapter and the rules adopted under…

(1) Regardless of the existence of other remedies at law, the department may bring an action to enjoin the violation of this chapter or the rules adopted under it in the superior court of Thurston county or in a court of competent jurisdiction.(2) When the injunction concerns dis…

(1) If the department has probable cause to believe that a food that violates a provision of this chapter and stopping its movement in intrastate commerce is necessary to protect public health, the department may initiate an embargo prohibiting transportation, distribution, or sa…

Consistent with constitutional requirements, the department may take condemnation action against food, which may include ordering destruction of the food, if the department has probable cause to believe that immediate containment or destruction of the food is necessary to protect…

(1) If a class of food manufactured, processed, or packed in a locality is possibly contaminated with microorganisms injurious to health and the extent of injury cannot be determined once the food has entered into intrastate commerce, the department may adopt emergency rules for …

(1) The department may impose upon and collect a civil penalty from a person violating this chapter or the rules adopted under it.(2) The civil penalty must not exceed one thousand dollars per violation per day, except the civil penalty for a violation of pull date requirements i…

(1) A person who knowingly violates RCW 15.130.200 through 15.130.240, 15.130.500, 15.130.520, or 15.130.540 is guilty of a misdemeanor subject to a penalty of not more than two hundred dollars.(2) A person who knowingly violates RCW 15.130.200 through 15.130.240, 15.130.500, 15.…

(1) A person who receives, holds, or sells adulterated or misbranded food is not subject to civil monetary or criminal penalties under this chapter if the person:(a) Establishes that receipt or sale of the food was in good faith;(b) Furnishes the identity of the entity from whom …

(1) The department may refer a violation of this chapter or the rules adopted under it to a state, county, or city attorney, who may initiate proceedings as appropriate and prosecute the matter as prescribed by law.(2) This chapter does not require the department to refer minor v…

This chapter may be known and cited as the food safety and security act.[ 2018 c 236 s 901.]

This chapter and the rules adopted under it must be construed to promote uniformity with federal acts and regulations relating to adulteration, misbranding, and false advertising of food.[ 2018 c 236 s 902.]