Title 69 — Title 69 FOOD, DRUGS, COSMETICS, AND POISONS
31 chapters · 620 sections in this title.
RCW 69.25.010 Legislative finding.
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Eggs and egg products are an important source of the state's total supply of food, and are used in food in various forms. They are consumed throughout the state and the major portion thereof moves in intrastate commerce. It is essential, in the public interest, that the health an…
RCW 69.25.020 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly otherwise requires.(1) "Adulterated" applies to any egg or egg product under one or more of the following circumstances:(a) If it bears or contains any poisonous or deleterious substance that…
RCW 69.25.030 Purpose—Certain federal rules adopted by reference—Hearing, notice by director—Adoption of rules by director.
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The purpose of this chapter is to promote uniformity of state legislation and regulations with the federal egg products inspection act, 21 U.S.C. sec. 1031, et seq., and regulations adopted thereunder. In accord with such declared purpose, any regulations adopted under the federa…
RCW 69.25.040 Application of administrative procedure act.
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The adoption, amendment, modification, or revocation of any rules or regulations under the provisions of this chapter, or the holding of a hearing in regard to a license issued or which may be issued or denied under the provisions of this chapter, shall be subject to the applicab…
RCW 69.25.050 Egg handler's or dealer's license and number—Branch license—Application, fee, posting required, procedure.
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(1)(a) No person may act as an egg handler or dealer without first obtaining an annual license and permanent dealer's number from the department.(b) Application for an egg dealer license and renewal or egg dealer branch license must be made through the business licensing system a…
RCW 69.25.060 Egg handler's or dealer's license—Late renewal fee.
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If the application for the renewal of an egg handler's or dealer's license is not filed before the business license expiration date, the business license delinquency fee must be assessed under chapter 19.02 RCW and must be paid by the applicant before the renewal license is issue…
RCW 69.25.065 Egg handler's or dealer's license—Renewal applications—Commercial egg layer operation requirements—Proof.
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(1) All new and renewal applications submitted under RCW 69.25.050 before January 1, 2024, must include proof that all eggs and egg products provided in intrastate commerce by the applicant are produced by commercial egg layer operations:(a) With a current certification under the…
RCW 69.25.070 Egg handler's or dealer's license—Denial, suspension, revocation, or conditional issuance.
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The department shall deny, suspend, or revoke a license or a conditional license if it determines that an applicant or licensee has committed any of the following acts:(1) That the applicant or licensee is violating or has violated any of the provisions of this chapter or rules a…
RCW 69.25.080 Continuous inspection at processing plants—Exemptions—Condemnation and destruction of adulterated eggs and egg products—Reprocessing—Appeal—Inspections of egg handlers.
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(1) For the purpose of preventing the entry into or movement in intrastate commerce of any egg product which is capable of use as human food and is misbranded or adulterated, the director shall, whenever processing operations are being conducted, unless under inspection by the Un…
RCW 69.25.090 Sanitary operation of official plants—Inspection refused if requirements not met.
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(1) The operator of each official plant shall operate such plant in accordance with such sanitary practices and shall have such premises, facilities, and equipment as are required by regulations promulgated by the director to effectuate the purposes of this chapter, including req…
RCW 69.25.100 Egg products—Pasteurization—Labeling requirements—False or misleading labels or containers—Director may order use of withheld—Hearing, determination, and appeal.
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(1) Egg products inspected at any official plant under the authority of this chapter and found to be not adulterated shall be pasteurized before they leave the official plant, except as otherwise permitted by regulations of the director, and shall at the time they leave the offic…
RCW 69.25.103 Eggs or egg products—In-state production—Associated commercial egg layer operation compliance with applicable standards.
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Any egg handler or dealer involved with the in-state production of eggs or egg products only intended for sale outside of the state of Washington must ensure that the associated commercial egg layer operation is in compliance with the applicable standards as provided in RCW 69.25…
RCW 69.25.107 Commercial egg layer operations—Requirements.
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(1) All commercial egg layer operations required under RCW 69.25.065 to meet the American humane association facility system plan, or an equivalent to the plan, must also ensure that all hens in the operation are provided with:(a) No less than one hundred sixteen and three-tenths…
RCW 69.25.110 Prohibited acts and practices.
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(1) No person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation, in any business in intrastate commerce any restricted eggs, capable of use as human food, except as authorized by regulations of the director under such conditions as he …
RCW 69.25.120 Director to cooperate with other agencies—May conduct examinations.
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The director shall, whenever he or she determines that it would effectuate the purposes of this chapter, cooperate with any state, federal, or other governmental agencies in carrying out any provisions of this chapter. In carrying out the provisions of this chapter, the director …
RCW 69.25.130 Eggs or egg products not intended for use as human food—Identification or denaturing required.
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Inspection shall not be provided under this chapter at any plant for the processing of any egg products which are not intended for use as human food, but such articles, prior to their offer for sale or transportation in intrastate commerce, shall be denatured or identified as pre…
RCW 69.25.140 Records required, access to and copying of.
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For the purpose of enforcing the provisions of this chapter and the regulations promulgated thereunder, all persons engaged in the business of transporting, shipping, or receiving any eggs or egg products in intrastate commerce or in interstate commerce, or holding such articles …
RCW 69.25.150 Penalties—Liability of employer—Defense.
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(1)(a) Except as provided in (b) of this subsection, any person violating any provision of this chapter or any rule adopted under this chapter is guilty of a misdemeanor.(b) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after …
RCW 69.25.155 Interference with person performing official duties.
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(1) Notwithstanding any other provision of law, any person who forcibly assaults, resists, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his or her official duties under this chapter is guilty of a class C felony and shal…
RCW 69.25.160 Notice of violation—May take place of prosecution.
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Before any violation of this chapter, other than RCW 69.25.155, is reported by the director to any prosecuting attorney for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given reasonable notice of the alleged violation and …
RCW 69.25.170 Exemptions permitted by rule of director.
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(1) The director may, by regulation and under such conditions and procedures as he or she may prescribe, exempt from specific provisions of this chapter:(a) The sale, transportation, possession, or use of eggs which contain no more restricted eggs than are allowed by the toleranc…
RCW 69.25.180 Limiting entry of eggs and egg products into official plants.
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The director may limit the entry of eggs and egg products and other materials into official plants under such conditions as he or she may prescribe to assure that allowing the entry of such articles into such plants will be consistent with the purposes of this chapter.[ 2012 c 11…
RCW 69.25.190 Embargo of eggs or egg products in violation of this chapter—Time limit—Removal of official marks.
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Whenever any eggs or egg products subject to this chapter are found by any authorized representative of the director upon any premises and there is reason to believe that they are or have been processed, bought, sold, possessed, used, transported, or offered or received for sale …
RCW 69.25.200 Embargo—Petition for court order affirming—Removal of embargo or destruction or correction and release—Court costs, fees, administrative expenses—Bond may be required.
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When the director has embargoed any eggs or egg products, he or she shall petition the superior court of the county in which the eggs or egg products are located for an order affirming such embargo. Such court shall have jurisdiction for cause shown and after a prompt hearing to …
RCW 69.25.210 Embargo—Order affirming not required, when.
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The director need not petition the superior court as provided for in RCW 69.25.200 if the owner or claimant of such eggs or egg products agrees in writing to the disposition of such eggs or egg products as the director may order.[ 1975 1st ex.s. c 201 s 22.]
RCW 69.25.220 Embargo—Consolidation of petitions.
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Two or more petitions under RCW 69.25.200 which pend at the same time and which present the same issue and claimant hereunder may be consolidated for simultaneous determination by one court of competent jurisdiction, upon application to any court of jurisdiction by the director o…
RCW 69.25.230 Embargo—Sampling of article.
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The claimant in any proceeding by petition under RCW 69.25.200 shall be entitled to receive a representative sample of the article subject to such proceedings upon application to the court of competent jurisdiction made at any time after such petition and prior to the hearing the…
RCW 69.25.240 Condemnation—Recovery of damages restricted.
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No state court shall allow the recovery of damages for administrative action for condemnation under the provisions of this chapter, if the court finds that there was probable cause for such action.[ 1975 1st ex.s. c 201 s 25.]
RCW 69.25.250 Assessment—Rate, applicability, time of payment—Reports—Contents, frequency—Exemption.
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(1)(a) There is hereby levied an assessment not to exceed three mills per dozen eggs entering intrastate commerce, as prescribed by rules issued by the director. The assessment is applicable to all eggs entering intrastate commerce, except as provided in RCW 69.25.170 and 69.25.2…
RCW 69.25.260 Assessment—Prepayment by purchase of egg seals—Permit for printing seal on containers or labels.
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Any egg handler or dealer may prepay the assessment provided for in RCW 69.25.250 by purchasing Washington state egg seals from the director to be placed on egg containers showing that the proper assessment has been paid. Any carton manufacturer or printer may apply to the direct…
RCW 69.25.270 Assessment—Monthly payment—Audit—Failure to pay, penalty.
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Every egg handler or dealer who pays assessments required under the provisions of this chapter on a monthly basis in lieu of seals shall be subject to audit by the director at such frequency as is deemed necessary by the director. The cost to the director for performing such audi…
RCW 69.25.280 Assessment—Use of proceeds.
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The proceeds from assessment fees paid to the director shall be retained for the inspection of eggs and carrying out the provisions of this chapter relating to eggs.[ 1975 1st ex.s. c 201 s 29.]
RCW 69.25.290 Assessment—Exclusions.
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The assessments provided in this chapter shall not apply to:(1) Sale and shipment to points outside of this state;(2) Sale to the United States government and its instrumentalities;(3) Sale to breaking plants for processing into egg products;(4) Sale between egg dealers.[ 1975 1s…
RCW 69.25.300 Transfer of moneys in state egg account.
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All moneys in the state egg account, created by *RCW 69.24.450, at the time of July 1, 1975, shall be transferred to the director and shall be retained and expended for administering and carrying out the purposes of this chapter.[ 1975 1st ex.s. c 201 s 31.]Notes:*Reviser's note:…
RCW 69.25.310 Containers—Marking required—Obliteration of previous markings required for reuse—Temporary use of another handler's or dealer's permanent number—Penalty.
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(1) All containers used by an egg handler or dealer to package eggs shall bear the name and address or the permanent number issued by the director to said egg handler or dealer. Such permanent number shall be displayed in a size and location prescribed by the director. It shall b…
RCW 69.25.320 Records required, additional—Sales to retailer or food service—Exception—Defense to charged violation—Sale of eggs deteriorated due to storage time—Requirements for storage, display, or transportation.
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(1) In addition to any other records required to be kept and furnished the director under the provisions of this chapter, the director may require any person who sells to any retailer, or to any restaurant, hotel, boarding house, bakery, or any institution or concern which purcha…
RCW 69.25.900 Savings.
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The enactment of this chapter shall not have the effect of terminating or in any way modifying any liability, civil or criminal, which shall already be in existence on July 1, 1975.[ 1975 1st ex.s. c 201 s 35.]
RCW 69.25.910 Chapter is cumulative and nonexclusive.
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The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy at law.[ 1975 1st ex.s. c 201 s 37.]
RCW 69.25.930 Short title.
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This act may be known and cited as the "Washington wholesome eggs and egg products act".[ 1975 1st ex.s. c 201 s 39.]