Title 69 — Title 69 FOOD, DRUGS, COSMETICS, AND POISONS

The director is hereby empowered, through his or her duly authorized agents, to enforce all provisions of this chapter. The director shall have the power to define, promulgate, and enforce such reasonable regulations as he or she may deem necessary in carrying out the provisions …

Any rules or regulations promulgated and published by the director under the provisions of this chapter shall have the force and effect of law.[ 1939 c 199 s 44; RRS s 6163-44. Formerly RCW 69.28.020, part.]

The director is hereby authorized, and it shall be his or her duty, upon the taking effect of this chapter and from time to time thereafter, to adopt, establish, and promulgate reasonable rules and regulations specifying grades or standards of quality governing the sale of honey:…

The director or any of his or her duly authorized agents shall have the power to enter and inspect at reasonable times every place, vehicle, plant, or other place where honey is being produced, stored, packed, transported, exposed, or offered for sale, and to inspect all such hon…

It shall be unlawful to deliver for shipment, ship, transport, sell, expose or offer for sale any containers or subcontainers of honey within this state unless they shall be conspicuously marked with the name and address of the producer or distributor, the net weight of the honey…

When any markings are used or required to be used under this chapter on any container of honey to identify the container or describe the contents thereof, such markings must be plainly and conspicuously marked, stamped, stenciled, printed, labeled or branded in the English langua…

The term "marked" shall mean printed in the English language on the top, front or side of any container containing honey: PROVIDED, That it shall not be necessary to mark honey sold by the producer thereof to any distributor, packer or manufacturer with the net weight, color or g…

It shall be unlawful for any person to deliver, sell, offer, or expose for sale any honey for human consumption within the state without notifying the person or persons purchasing or intending to purchase the same, of the exact grade or quality of such honey, according to the sta…

It shall be unlawful to forge, counterfeit, simulate, falsely represent or alter without proper authority any mark, stamp, tab, label, seal, sticker or other identification device provided by this chapter.[ 1961 c 60 s 2; 1939 c 199 s 40; RRS s 6163-40. FORMER PART OF SECTION: 19…

It shall be unlawful to mutilate, destroy, obliterate, or remove without proper authority, any mark, stamp, tag, label, seal, sticker or other identification device used by the director under the provisions of this chapter.[ 1939 c 199 s 41; RRS s 6163-41. Formerly RCW 69.28.090,…

Any slack-filled container shall be conspicuously marked "slack-filled".[ 1939 c 199 s 36; RRS s 6163-36. FORMER PART OF SECTION: 1939 c 199 s 10 now codified as RCW 69.28.270.]

It shall be unlawful to sell, offer, or expose for sale to the consumer any honey in any secondhand or used containers which formerly contained honey, unless all markings as to grade, name and weight have been obliterated, removed or erased.[ 1939 c 199 s 37; RRS s 6163-37.]

Any honey which is a blend of two or more floral types of honey shall not be labeled as a honey product from any one particular floral source alone.[ 1939 c 199 s 34; RRS s 6163-34.]

It shall be unlawful for any person to sell, offer or intend for sale any adulterated honey as honey.[ 1939 c 199 s 26; RRS s 6163-26. FORMER PART OF SECTION: 1939 c 199 ss 27 and 33 now codified as RCW 69.28.133 and 69.28.135.]

It shall be unlawful for any person to sell, offer or intend for sale any honey which does not conform to the provisions of this chapter or any regulation promulgated by the director under this chapter.[ 1939 c 199 s 27; RRS s 6163-27. Formerly RCW 69.28.130, part.]

It shall be unlawful to move any honey or containers of honey to which any warning tag or notice has been affixed except under authority from the director.[ 1939 c 199 s 33; RRS s 6163-33. Formerly RCW 69.28.130, part.]

Possession by any person, of any honey which is sold, exposed or offered for sale in violation of this chapter shall be prima facie evidence that the same is kept or shipped to the said person, in violation of the provisions of this chapter.[ 1939 c 199 s 30; RRS s 6163-30.]

It shall be the duty of the director to enforce this chapter and to appoint and employment [employ] such inspectors as may be necessary therefor. The director shall notify the prosecuting attorneys for the counties of the state of violations of this chapter occurring in their res…

It shall be unlawful for any person to violate any rule or regulation promulgated by the director under the provisions of this chapter.[ 1939 c 199 s 25; RRS s 6163-25. FORMER PART OF SECTION: 1939 c 199 s 44 now codified in RCW 69.28.185.]

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor, and upon violation thereof shall be punishable by a fine of not more than five hundred dollars or imprisonment in the county jail for a period of not more than six months or by both su…

The term "director" means the director of agriculture of the state of Washington or his or her duly authorized representative.[ 2012 c 117 s 359; 1939 c 199 s 2; RRS s 6163-2. Formerly RCW 69.28.010, part.]

The term "container" shall mean any box, crate, chest, carton, barrel, keg, bottle, jar, can or any other receptacle containing honey.[ 1939 c 199 s 3; RRS s 6163-3.]

The term "subcontainer" shall mean any section box or other receptacle used within a container.[ 1939 c 199 s 4; RRS s 6163-4.]

The term "section box" shall mean the wood or other frame in which bees have built a small comb of honey.[ 1939 c 199 s 5; RRS s 6163-5.]

The term "clean and sound containers" shall mean containers which are virtually free from rust, stains or leaks.[ 1939 c 199 s 6; RRS s 6163-6.]

The term "pack", "packing", or "packed" shall mean the arrangement of all or part of the subcontainers in any container.[ 1939 c 199 s 7; RRS s 6163-7.]

The term "label" shall mean a display of written, printed or graphic matter upon the immediate container of any article.[ 1939 c 199 s 8; RRS s 6163-8.]

The term "person" includes individual, partnership, corporation and/or association.[ 1939 c 199 s 9; RRS s 6163-9.]

The term "slack-filled" shall mean that the contents of any container occupy less than ninety-five percent of the volume of the closed container.[ 1939 c 199 s 10; RRS s 6163-10. Formerly RCW 69.28.100, part.]

The term "deceptive arrangement" shall mean any lot or load, arrangement or display of honey which has in any exposed surface, honey which is so superior in quality, appearance or condition, or in any other respects, to any of that which is concealed or unexposed as to materially…

The term "mislabeled" shall mean the placing or presence of any false or misleading statement, design or device upon, or in connection with, any container or lot of honey, or upon the label, lining or wrapper of any such container, or any placard used in connection therewith, and…

The term "placard" means any sign, label or designation, other than an oral designation, used with any honey as a description or identification thereof.[ 1939 c 199 s 13; RRS s 6163-13.]

The term "honey" as used herein is the nectar of floral exudations of plants, gathered and stored in the comb by honey bees (apis mellifica). It is laevo-rotatory, contains not more than twenty-five percent of water, not more than twenty-five one-hundredths of one percent of ash,…

The term "comb-honey" means honey which has not been extracted from the comb.[ 1939 c 199 s 15; RRS s 6163-15.]

The term "extracted honey" means honey which has been removed from the comb.[ 1939 c 199 s 16; RRS s 6163-16.]

The term "crystallized honey" means honey which has assumed a solid form due to the crystallization of one or more of the natural sugars therein.[ 1939 c 199 s 17; RRS s 6163-17.]

The term "honeydew" is the saccharine exudation of plants, other than nectarous exudations, gathered and stored in the comb by honey bees (apis mellifica) and is dextrorotatory.[ 1939 c 199 s 18; RRS s 6163-18. Formerly RCW 69.28.010, part.]

The term "foreign material" means pollen, wax particles, insects, or materials not deposited by bees.[ 1937 c 199 s 19; RRS s 6163-19.]

The term "foreign honey" means any honey not produced within the continental United States.[ 1939 c 199 s 20; RRS s 6163-20.]

The term "adulterated honey" means any honey to which has been added honeydew, glucose, dextrose, molasses, sugar, sugar syrup, invert sugar, or any other similar product or products, other than the nectar of floral exudations of plants gathered and stored in the comb by honey be…

The term "serious damage" means any injury or defect that seriously affects the edibility or shipping quality of the honey.[ 1939 c 199 s 23; RRS s 6163-23.]

(1) No person shall sell, keep for sale, expose or offer for sale, any article or product in imitation or semblance of honey branded exclusively as "honey", "liquid or extracted honey", "strained honey" or "pure honey".(2) No person, firm, association, company or corporation shal…

Whenever the director shall find, or shall have probable cause to believe, that any honey or product subject to the provisions of this chapter, as now or hereafter amended, is in intrastate commerce, which was introduced into such intrastate commerce in violation of the provision…

When the director has embargoed any honey or product, he or she shall, no later than twenty days after the affixing of notice of its embargo, petition the superior court for an order affirming such embargo. Such court shall then have jurisdiction, for cause shown and after prompt…

Two or more petitions under this chapter, as now or hereafter amended, which pend at the same time and which present the same issue and claimant hereunder, shall be consolidated for simultaneous determination by one court of jurisdiction, upon application to any court of jurisdic…

The claimant in any proceeding by petition under this chapter, as now or hereafter amended, shall be entitled to receive a representative sample of the honey or product subject to such proceeding, upon application to the court of jurisdiction made at any time after such petition …

No state court shall allow the recovery of damages for embargo under this chapter, as now or hereafter amended, if the court finds that there was probable cause for such action.[ 1975 1st ex.s. c 283 s 7.]

If any provisions of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, and the application of such provisions to other persons or circumstances, shall not be affected thereby. If any section, subsection, sentenc…

This chapter may be known and cited as the Washington state honey act.[ 1939 c 199 s 1; RRS s 6163-1.]