Title 69, FOOD, DRUGS, COSMETICS, AND POISONS

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 sha…

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.]

The purpose of this chapter is to provide for the sanitary control of shellfish. Protection of the public health requires assurances that commercial shellfish are harvested only from approved growing areas and that processing of shellfish is conducted in a safe and sanitary manne…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Approved shellfish tag or label" means a tag or label meeting the requirements of the national shellfish sanitation program model ordinance. (2) "Commercial quantity"…

It is unlawful to sell or offer to sell shellfish in this state unless the shellfish bear an approved shellfish tag or label indicating compliance with the sanitary requirements of this state or a state, territory, province, or country of origin whose requirements are equal or co…

(1) The state board of health shall adopt rules governing the sanitation of shellfish, shellfish growing areas, and shellfish plant facilities and operations in order to protect public health and carry out the provisions of this chapter. Such rules and regulations may include rea…

(1) It is unlawful for a person to harvest shellfish from shellfish growing areas in a commercial quantity or for sale for human consumption unless the shellfish growing area: (a) Has a valid certificate of approval; and (b) Meets the requirements of this chapter and the rules ad…

(1) It is unlawful for a person to cull, shuck, or pack shellfish in the state of Washington in a commercial quantity or for sale for human consumption unless the establishment in which such operations are conducted has been certified by the department as meeting the requirements…

Any certificate of approval issued under the provisions of this chapter shall not relieve any person from complying with the laws, rules and/or regulations of the department of fish and wildlife, relative to shellfish. [ 1994 c 264 s 40; 1955 c 144 s 7.]

(1) The department may deny, revoke, or suspend a person's license or certificate of approval for: (a) Violations of this chapter or the rules adopted under this chapter; or (b) Harassing or threatening an authorized representative of the department during the performance of his …

(1) A person, or its director or officer, whose license or certificate of approval is denied, revoked, or suspended as a result of violations of this chapter or rules adopted under this chapter may not: (a) Supervise, be employed by, or manage a shellfish operation licensed or ce…

(1) It is unlawful for any person to possess a commercial quantity of shellfish or to sell or offer to sell shellfish in the state which have not been grown, shucked, packed, or shipped in accordance with the provisions of this chapter. Failure of a shellfish grower to display a …