title: RCW 69.25.050

text:
(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 as provided under chapter 19.02 RCW and expires on the business license expiration date. The annual egg dealer license fee is thirty dollars and the annual egg dealer branch license fee is fifteen dollars. A copy of the business license issued under chapter 19.02 RCW must be posted at each location where the licensee operates. The application must include the full name of the applicant for the license, the location of each facility the applicant intends to operate, and, if applicable, documentation of compliance with RCW 69.25.065 or 69.25.103.
(2) If an applicant is an individual, receiver, trustee, firm, partnership, association or corporation, the full name of each member of the firm or partnership or the names of the officers of the association or corporation must be given on the application. The application must further state the principal business address of the applicant in the state and elsewhere and the name of a person domiciled in this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant and any other necessary information prescribed by the director.
(3) The applicant must be issued a license or renewal under this section upon the approval of the application and compliance with the provisions of this chapter, including the applicable rules adopted by the department.
(4) The license and permanent egg handler or dealer's number is nontransferable.
[ 2013 c 144 s 45; 2011 c 306 s 2; 1995 c 374 s 26; 1982 c 182 s 43; 1975 1st ex.s. c 201 s 6.]
Notes:
Effective date—2011 c 306: See note following RCW 69.25.020.
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Business license—Expiration date: RCW 19.02.090.
Business licensing system
definition: RCW 69.25.020.
to include additional licenses: RCW 19.02.110.

catchline: Egg handler's or dealer's license and number—Branch license—Application, fee, posting required, procedure.


doc_type: statute

jurisdiction: wa

title: RCW 69.25.060

text:
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 issued.
[ 2013 c 144 s 46; 1982 c 182 s 44; 1975 1st ex.s. c 201 s 7.]
Notes:
Business license
delinquency fee—Rate—Disposition: RCW 19.02.085.
expiration date: RCW 19.02.090.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Egg handler's or dealer's license—Late renewal fee.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 69.25.065

text:
(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 2010 version of the united egg producers animal husbandry guidelines for United States egg laying flocks for conventional cage systems or cage-free housing systems or a subsequent version of the guidelines recognized by the department in rule; or
(b) Operated in strict compliance with any standards, adopted by the department in rule, that are equivalent to or more stringent than the standards identified in (a) of this subsection.
(2) All new and renewal applications submitted under RCW 69.25.050 before January 1, 2017, must, in addition to complying with subsection (1) of this section, include proof that all eggs and egg products provided in intrastate commerce by the applicant are produced by commercial egg layer operations whose housing facilities, if built between January 1, 2012, and December 31, 2016, are either:
(a) Approved under, or convertible to, the American humane association facility system plan for enriched colony housing in effect on January 1, 2011, or a subsequent version of the plan recognized by the department in rule and, in addition, are convertible to the standards identified in RCW 69.25.107; or
(b) Operated in strict compliance with any standards, adopted by the department in rule, that are equivalent to or more stringent than the standards identified in (a) of this subsection.
(3) All new and renewal applications submitted under RCW 69.25.050 between January 1, 2017, and December 31, 2023, must, in addition to complying with subsection (1) of this section, include proof that all eggs and egg products provided in intrastate commerce by the applicant are produced by commercial egg layer operations whose housing facilities, if built on or after January 1, 2012, are either:
(a) Approved under the American humane association facility system plan and audit protocol for enriched colony housing in effect on January 1, 2011, or a subsequent version of the plan recognized by the department in rule and, in addition, are operated to the standards identified in RCW 69.25.107; or
(b) Operated in strict compliance with any standards, adopted by the department in rule, that are equivalent to or more stringent than the standards identified in (a) of this subsection.
(4) All new and renewal applications submitted under RCW 69.25.050 on or after 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 that are either:
(a) Housing egg-laying hens with at a minimum the amount of usable floor space per hen required by the 2017 edition of the united egg producers' Animal Husbandry Guidelines for United States Egg-Laying Flocks: Guidelines for Cage-Free Housing, or a subsequent version of the plan recognized by the department in rule as providing equal or more usable floor space per egg-laying hen and, in addition, are operated to the standards identified in RCW 69.25.107; or
(b) Operated in strict compliance with any standards, adopted by the department in rule, that are equivalent to or more stringent than the standards identified in (a) of this subsection.
(5) The following are exempt from the requirements of subsections (2) and (3) of this section:
(a) Applicants with fewer than three thousand laying chickens; and
(b) Commercial egg layer operations when producing eggs or egg products from turkeys, ducks, geese, guineas, or other species of fowl other than domestic chickens.
[ 2019 c 276 s 4; 2011 c 306 s 3.]
Notes:
Construction—2019 c 276: "The provisions of this act are in addition to, and not in lieu of, any other laws protecting animal welfare. This act shall not be construed to limit any other state laws or regulations protecting the welfare of animals or to prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations." [ 2019 c 276 s 9.]
Finding—Purpose—2019 c 276: See note following RCW 69.25.010.
Effective date—2011 c 306: See note following RCW 69.25.020.

catchline: Egg handler's or dealer's license—Renewal applications—Commercial egg layer operation requirements—Proof.


title: RCW 69.25.070

text:
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 and regulations adopted thereunder.
(2) That the application contains any materially false or misleading statement or involves any misrepresentation by any officer, agent, or employee of the applicant.
(3) That the applicant or licensee has concealed or withheld any facts regarding any violation of this chapter by any officer, agent, or employee of the applicant or licensee.
[ 2019 c 276 s 5; 1975 1st ex.s. c 201 s 8.]
Notes:
Finding—Purpose—2019 c 276: See note following RCW 69.25.010.
Construction—2019 c 276: See note following RCW 69.25.065.

catchline: Egg handler's or dealer's license—Denial, suspension, revocation, or conditional issuance.


title: RCW 69.25.080

text:
(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 United States department of agriculture, cause continuous inspection to be made, in accordance with the regulations promulgated under this chapter, of the processing of egg products, in each plant processing egg products for commerce, unless exempted under RCW 69.25.170. Without restricting the application of the preceding sentence to other kinds of establishments within its provisions, any food manufacturing establishment, institution, or restaurant which uses any eggs that do not meet the requirements of RCW 69.25.170(1)(a) in the preparation of any articles for human food, shall be deemed to be a plant processing egg products, with respect to such operations.
(2) The director, at any time, shall cause such retention, segregation, and reinspection as he or she deems necessary of eggs and egg products capable of use as human food in each official plant.
(3) Eggs and egg products found to be adulterated at official plants shall be condemned, and if no appeal be taken from such determination or condemnation, such articles shall be destroyed for human food purposes under the supervision of an inspector: PROVIDED, That articles which may by reprocessing be made not adulterated need not be condemned and destroyed if so reprocessed under the supervision of an inspector and thereafter found to be not adulterated. If an appeal be taken from such determination, the eggs or egg products shall be appropriately marked and segregated pending completion of an appeal inspection, which appeal shall be at the cost of the appellant if the director determines that the appeal is frivolous. If the determination of condemnation is sustained, the eggs or egg products shall be destroyed for human food purposes under the supervision of an inspector.
(4) The director shall cause such other inspections to be made of the business premises, facilities, inventory, operations, and records of egg handlers, and the records and inventory of other persons required to keep records under RCW 69.25.140, as he or she deems appropriate (and in the case of shell egg packers, packing eggs for the ultimate consumer, at least once each calendar quarter) to assure that only eggs fit for human food are used for such purpose, and otherwise to assure compliance by egg handlers and other persons with the requirements of RCW 69.25.140, except that the director shall cause such inspections to be made as he or she deems appropriate to assure compliance with such requirements at food manufacturing establishments, institutions, and restaurants, other than plants processing egg products. Representatives of the director shall be afforded access to all such places of business for purposes of making the inspections provided for in this chapter.
[ 2012 c 117 s 346; 1975 1st ex.s. c 201 s 9.]

catchline: Continuous inspection at processing plants—Exemptions—Condemnation and destruction of adulterated eggs and egg products—Reprocessing—Appeal—Inspections of egg handlers.


title: RCW 69.25.090

text:
(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 requirements for segregation and disposition of restricted eggs.
(2) The director shall refuse to render inspection to any plant whose premises, facilities, or equipment, or the operation thereof, fail to meet the requirements of this section.
[ 1975 1st ex.s. c 201 s 10.]

catchline: Sanitary operation of official plants—Inspection refused if requirements not met.


title: RCW 69.25.100

text:
(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 official plant, bear in distinctly legible form on their shipping containers or immediate containers, or both, when required by regulations of the director, the official inspection legend and official plant number, of the plant where the products were processed, and such other information as the director may require by regulations to describe the products adequately and to assure that they will not have false or misleading labeling.
(2) No labeling or container shall be used for egg products at official plants if it is false or misleading or has not been approved as required by the regulations of the director. If the director has reason to believe that any labeling or the size or form of any container in use or proposed for use with respect to egg products at any official plant is false or misleading in any particular, he or she may direct that such use be withheld unless the labeling or container is modified in such manner as he or she may prescribe so that it will not be false or misleading. If the person using or proposing to use the labeling or container does not accept the determination of the director, such person may request a hearing, but the use of the labeling or container shall, if the director so directs, be withheld pending hearing and final determination by the director. Any such determination by the director shall be conclusive unless, within thirty days after receipt of notice of such final determination, the person adversely affected thereby appeals to the superior court in the county in which such person has its principal place of business.
[ 2012 c 117 s 347; 1975 1st ex.s. c 201 s 11.]

catchline: Egg products—Pasteurization—Labeling requirements—False or misleading labels or containers—Director may order use of withheld—Hearing, determination, and appeal.


title: RCW 69.25.103

text:
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 69.25.065 and 69.25.107.
[ 2019 c 276 s 6; 2011 c 306 s 4.]
Notes:
Finding—Purpose—2019 c 276: See note following RCW 69.25.010.
Construction—2019 c 276: See note following RCW 69.25.065.
Effective date—2011 c 306: See note following RCW 69.25.020.

catchline: Eggs or egg products—In-state production—Associated commercial egg layer operation compliance with applicable standards.


title: RCW 69.25.107

text:
(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 square inches of space per hen; and
(b) Access to areas for nesting, scratching, and perching.
(2) All commercial egg layer operations required under RCW 69.25.065 to house egg-laying hens with at a minimum the amount of usable floor space per hen required by the 2017 edition of the united egg producers' Animal Husbandry Guidelines for United States Egg-Laying Flocks: Guidelines for Cage-Free Housing, or a subsequent version of the plan recognized by the department in rule as providing equal or more useable floor space per egg-laying hen, must ensure that the hens are housed in a cage-free housing system.
(3) Subsection (2) of this section does not apply:
(a) During medical research;
(b) During examination, testing, individual treatment, or operation for veterinary purposes;
(c) During transportation, or depopulation operations for periods of no more than seven days in any eighteen-month period;
(d) During rodeo exhibitions, state or county fair exhibitions, 4-H programs, and similar exhibitions;
(e) During the slaughter of an egg-laying hen in accordance with applicable laws and regulations; or
(f) During temporary periods for animal husbandry purposes of no more than six hours in any twenty-four hour period, and no more than twenty-four hours in any thirty-day period.
(4) The requirements of this section apply for any commercial egg layer operation on the same dates that RCW 69.25.065 requires compliance with the American humane association facility system plan or an equivalent to the plan, or requires housing egg-laying hens with at a minimum the amount of usable floor space per hen required by the united egg producers' Animal Husbandry Guidelines for United States Egg-Laying Flocks: Guidelines for Cage-Free Housing or an equivalent to the guidelines.
[ 2019 c 276 s 7; 2011 c 306 s 5.]
Notes:
Finding—Purpose—2019 c 276: See note following RCW 69.25.010.
Construction—2019 c 276: See note following RCW 69.25.065.
Effective date—2011 c 306: See note following RCW 69.25.020.

catchline: Commercial egg layer operations—Requirements.


title: RCW 69.25.110

text:
(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 or she may prescribe to assure that only eggs fit for human food are used for such purpose.
(2) No egg handler shall possess with intent to use, or use, any restricted eggs in the preparation of human food for intrastate commerce except that such eggs may be so possessed and used when authorized by regulations of the director under such conditions as he or she may prescribe to assure that only eggs fit for human food are used for such purpose.
(3) No person shall process any egg products for intrastate commerce at any plant except in compliance with the requirements of this chapter.
(4) No person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation, in intrastate commerce any egg or egg product that was not produced in compliance with the standards required by RCW 69.25.065 and 69.25.107. This prohibition shall not apply to any sale undertaken at an official plant at which mandatory inspection is maintained under the federal egg products inspection act, 21 U.S.C. Sec. 1031 et seq. For the purposes of this subsection, a sale is deemed to occur at the location where the buyer takes physical possession of an item.
(5) No person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation, in intrastate commerce any egg products required to be inspected under this chapter unless they have been so inspected and are labeled and packaged in accordance with the requirements of RCW 69.25.100.
(6) No operator of any official plant shall allow any egg products to be moved from such plant if they are adulterated or misbranded and capable of use as human food.
(7) No person shall:
(a) Manufacture, cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the director;
(b) Forge or alter any official device, mark, or certificate;
(c) Without authorization from the director, use any official device, mark, or certificate, or simulation thereof, or detach, deface, or destroy any official device or mark; or use any labeling or container ordered to be withheld from use under RCW 69.25.100 after final judicial affirmance of such order or expiration of the time for appeal if no appeal is taken under said section;
(d) Contrary to the regulations prescribed by the director, fail to use, or to detach, deface, or destroy any official device, mark, or certificate;
(e) Knowingly possess, without promptly notifying the director or his or her representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label, or any eggs or egg products bearing any counterfeit, simulated, forged, or improperly altered official mark;
(f) Knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the director;
(g) Knowingly represent that any article has been inspected or exempted, under this chapter when in fact it has not been so inspected or exempted; and
(h) Refuse access, at any reasonable time, to any representative of the director, to any plant or other place of business subject to inspection under any provisions of this chapter.
(8) No person, while an official or employee of the state or local governmental agency, or thereafter, shall use to his or her own advantage, or reveal other than to the authorized representatives of the United States government or the state in their official capacity, or as ordered by a court in a judicial proceeding, any information acquired under the authority of this chapter concerning any matter which the originator or relator of such information claims to be entitled to protection as a trade secret.
[ 2019 c 276 s 8; 2012 c 117 s 348; 1975 1st ex.s. c 201 s 12.]
Notes:
Finding—Purpose—2019 c 276: See note following RCW 69.25.010.
Construction—2019 c 276: See note following RCW 69.25.065.

catchline: Prohibited acts and practices.


title: RCW 69.25.120

text:
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 may conduct such examinations, investigations, and inspections as he or she determines practicable through any officer or employee of any such agency commissioned by him or her for such purpose.
[ 2012 c 117 s 349; 1975 1st ex.s. c 201 s 13.]

catchline: Director to cooperate with other agencies—May conduct examinations.


title: RCW 69.25.130

text:
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 prescribed by regulations of the director to deter their use for human food. No person shall buy, sell, or transport or offer to buy or sell, or offer or receive for transportation, in intrastate commerce, any restricted eggs or egg products which are not intended for use as human food unless they are denatured or identified as required by the regulations of the director.
[ 1975 1st ex.s. c 201 s 14.]

catchline: Eggs or egg products not intended for use as human food—Identification or denaturing required.


title: RCW 69.25.140

text:
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 so received, and all egg handlers, shall maintain such records showing, for such time and in such form and manner, as the director may prescribe, to the extent that they are concerned therewith, the receipt, delivery, sale, movement, and disposition of all eggs and egg products handled by them, and shall, upon the request of the director, permit him or her at reasonable times to have access to and to copy all such records.
[ 2012 c 117 s 350; 1975 1st ex.s. c 201 s 15.]

catchline: Records required, access to and copying of.


title: RCW 69.25.150

text:
(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 a previous conviction shall be considered a first offense.
(2) Whenever the director finds that a person has committed a violation of any of the provisions of this chapter, and that violation has not been punished pursuant to subsection (1) of this section, the director may impose upon and collect from the violator a civil penalty not exceeding one thousand dollars per violation per day. Each violation shall be a separate and distinct offense.
(3) When construing or enforcing the provisions of RCW 69.25.110, the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association within the scope of the person's employment or office shall in every case be deemed the act, omission, or failure of such individual, partnership, corporation, or association, as well as of such person.
(4) No carrier or warehouse operator shall be subject to the penalties of this chapter, other than the penalties for violation of RCW 69.25.140, or 69.25.155, by reason of his or her receipt, carriage, holding, or delivery, in the usual course of business, as a carrier or warehouse operator of eggs or egg products owned by another person unless the carrier or warehouse operator has knowledge, or is in possession of facts which would cause a reasonable person to believe that such eggs or egg products were not eligible for transportation under, or were otherwise in violation of, this chapter, or unless the carrier or warehouse operator refuses to furnish on request of a representative of the director the name and address of the person from whom he or she received such eggs or egg products and copies of all documents, if there be any, pertaining to the delivery of the eggs or egg products to, or by, such carrier or warehouse operator.
[ 2011 c 336 s 836; 2003 c 53 s 317; 1995 c 374 s 27; 1992 c 7 s 47; 1975 1st ex.s. c 201 s 16.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.


title: RCW 69.25.155

text:
(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 shall be punished by a fine of not more than five thousand dollars or imprisonment in a state correctional facility for not more than three years, or both.
(2) Whoever, in the commission of any act described in subsection (1) of this section, uses a deadly or dangerous weapon is guilty of a class B felony and shall be punished by a fine of not more than ten thousand dollars or by imprisonment in a state correctional facility for not more than ten years, or both.
[ 2003 c 53 s 318.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Interference with person performing official duties.


title: RCW 69.25.160

text:
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 opportunity to present his or her views orally or in writing with regard to such contemplated proceeding. Nothing in this chapter shall be construed as requiring the director to report for criminal prosecution violation of this chapter whenever he or she believes that the public interest will be adequately served and compliance with this chapter obtained by a suitable written notice of warning.
[ 2003 c 53 s 319; 1975 1st ex.s. c 201 s 17.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Notice of violation—May take place of prosecution.


title: RCW 69.25.170

text:
(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 tolerance in the official state standards for consumer grades for shell eggs;
(b) The processing of egg products at any plant where the facilities and operating procedures meet such sanitary standards as may be prescribed by the director, and where the eggs received or used in the manufacture of egg products contain no more restricted eggs than are allowed by the official standards of the state consumer grades for shell eggs, and the egg products processed at such plant;
(c) The sale of eggs by any poultry producer from his or her own flocks directly to a household consumer exclusively for use by such consumer and members of his or her household and his or her nonpaying guests and employees, and the transportation, possession, and use of such eggs in accordance with this subsection;
(d) The sale of eggs by shell egg packers on his or her own premises directly to household consumers for use by such consumer and members of his or her household and his or her nonpaying guests and employees, and the transportation, possession, and use of such eggs in accordance with this subsection;
(e) The sale of eggs by any egg producer with an annual egg production from a flock of three thousand hens or less.
(2) The director may modify or revoke any regulation granting exemption under this chapter whenever he or she deems such action appropriate to effectuate the purposes of this chapter.
[ 2012 c 117 s 351; 1995 c 374 s 28; 1975 1st ex.s. c 201 s 18.]
Notes:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.

catchline: Exemptions permitted by rule of director.


title: RCW 69.25.180

text:
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 117 s 352; 1975 1st ex.s. c 201 s 19.]

catchline: Limiting entry of eggs and egg products into official plants.


title: RCW 69.25.190

text:
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 or transportation in violation of this chapter, or that they are in any other way in violation of this chapter, or whenever any restricted eggs capable of use as human food are found by such a representative in the possession of any person not authorized to acquire such eggs under the regulations of the director, such articles may be embargoed by such representative for a reasonable period but not to exceed twenty days, pending action under RCW 69.25.200 or notification of any federal or other governmental authorities having jurisdiction over such articles, and shall not be moved by any person from the place at which they are located when so detained until released by such representative. All official marks may be required by such representative to be removed from such articles before they are released unless it appears to the satisfaction of the director that the articles are eligible to retain such marks.
[ 1975 1st ex.s. c 201 s 20.]

catchline: Embargo of eggs or egg products in violation of this chapter—Time limit—Removal of official marks.


title: RCW 69.25.200

text:
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 any claimant of eggs or egg products, shall issue an order which directs the removal of such embargo or the destruction or correction and release of such eggs and egg products. An order for destruction or the correction and release of such eggs and egg products shall contain such provision for the payment of pertinent court costs and fees and administrative expenses as is equitable and which the court deems appropriate in the circumstances. An order for correction and release may contain such provisions for a bond as the court finds indicated in the circumstance.
[ 2012 c 117 s 353; 1975 1st ex.s. c 201 s 21.]

catchline: Embargo—Petition for court order affirming—Removal of embargo or destruction or correction and release—Court costs, fees, administrative expenses—Bond may be required.


title: RCW 69.25.210

text:
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.]

catchline: Embargo—Order affirming not required, when.


title: RCW 69.25.220

text:
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 or claimant.
[ 1975 1st ex.s. c 201 s 23.]

catchline: Embargo—Consolidation of petitions.


title: RCW 69.25.230

text:
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 thereon.
[ 1975 1st ex.s. c 201 s 24.]

catchline: Embargo—Sampling of article.


title: RCW 69.25.240

text:
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.]

catchline: Condemnation—Recovery of damages restricted.


title: RCW 69.25.250

text:
(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 69.25.290, and must be paid to the director on a monthly basis on or before the tenth day following the month the eggs enter intrastate commerce.
(b) The director may require reports by egg handlers or dealers along with the payment of the assessment fee. The reports may include any and all pertinent information necessary to carry out the purposes of this chapter.
(c) The director may, by rule, require egg container manufacturers to report on a monthly basis all egg containers sold to any egg handler or dealer and bearing such egg handler or dealer's permanent number.
(2) Egg products in intrastate commerce are exempt from the assessment in subsection (1) of this section.
[ 2011 c 306 s 6; 1995 c 374 s 29; 1993 sp.s. c 19 s 12; 1975 1st ex.s. c 201 s 26.]
Notes:
Effective date—2011 c 306: See note following RCW 69.25.020.
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.

catchline: Assessment—Rate, applicability, time of payment—Reports—Contents, frequency—Exemption.


title: RCW 69.25.260

text:
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 director for a permit to place reasonable facsimiles of the Washington state egg seals to be imprinted on egg containers or on the identification labels which show egg grade and size and the name of the egg handler or dealer. The director shall, from time to time, prescribe rules and regulations governing the affixing of seals and he or she is authorized to cancel any such permit issued pursuant to this chapter, whenever he or she finds that a violation of the terms under which the permit has been granted has been violated.
[ 2012 c 117 s 354; 1979 ex.s. c 238 s 10; 1975 1st ex.s. c 201 s 27.]
Notes:
Severability—1979 ex.s. c 238: See note following RCW 15.44.010.

catchline: Assessment—Prepayment by purchase of egg seals—Permit for printing seal on containers or labels.


title: RCW 69.25.270

text:
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 audit shall be chargeable to and payable by the egg handler or dealer subject to audit. Failure to pay assessments when due or refusal to pay for audit costs may be cause for a summary suspension of an egg handler's or dealer's license and a charge of one percent per month, or fraction thereof shall be added to the sum due the director, for each remittance not received by the director when due. The conditions and charges applicable to egg handlers and dealers set forth herein shall also be applicable to payments due the director for facsimiles of seals placed on egg containers.
[ 1987 c 393 s 16; 1975 1st ex.s. c 201 s 28.]

catchline: Assessment—Monthly payment—Audit—Failure to pay, penalty.


title: RCW 69.25.280

text:
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.]

catchline: Assessment—Use of proceeds.


title: RCW 69.25.290

text:
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 1st ex.s. c 201 s 30.]

catchline: Assessment—Exclusions.


title: RCW 69.25.300

text:
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 69.24.450 was repealed by 1975 1st ex.s. c 201 s 40.

catchline: Transfer of moneys in state egg account.


title: RCW 69.25.310

text:
(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 be a violation for any egg handler or dealer to use a container that bears the permanent number of another egg handler or dealer unless such number is totally obliterated prior to use. The director may in addition require the obliteration of any or all markings that may be on any container which will be used for eggs by an egg handler or dealer.
(2) Notwithstanding subsection (1) of this section and following written notice to the director, licensed egg handlers and dealers may use new containers bearing another handler's or dealer's permanent number on a temporary basis, in any event not longer than one year, with the consent of such other handler or dealer for the purpose of using up existing container stocks. Sale of container stock shall constitute agreement by the parties to use the permanent number.
[ 1995 c 374 s 30; 1975 1st ex.s. c 201 s 32.]
Notes:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.

catchline: Containers—Marking required—Obliteration of previous markings required for reuse—Temporary use of another handler's or dealer's permanent number—Penalty.


title: RCW 69.25.320

text:
(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 purchases eggs for serving to guests or patrons thereof or for its use in preparation of any food product for human consumption, candled or graded eggs other than those of his or her own production sold and delivered on the premises where produced, to furnish that retailer or other purchaser with an invoice covering each such sale, showing the exact grade or quality, and the size or weight of the eggs sold, according to the standards prescribed by the director, together with the name and address of the person by whom the eggs were sold. The person selling and the retailer or other purchaser shall keep a copy of said invoice on file at his or her place of business for a period of thirty days, during which time the copy shall be available for inspection at all reasonable times by the director: PROVIDED, That no retailer or other purchaser shall be guilty of a violation of this chapter if he or she can establish a guarantee from the person from whom the eggs were purchased to the effect that they, at the time of purchase, conformed to the information required by the director on such invoice: PROVIDED FURTHER, That if the retailer or other purchaser having labeled any such eggs in accordance with the invoice keeps them for such a time after they are purchased as to cause them to deteriorate to a lower grade or standard, and sells them under the label of the invoice grade or standard, he or she shall be guilty of a violation of this chapter.
(2) Each retailer and each distributor shall store shell eggs awaiting sale or display eggs under clean and sanitary conditions in areas free from rodents and insects. Shell eggs must be stored up off the floor away from strong odors, pesticides, and cleaners.
(3) After being received at the point of first purchase, all graded shell eggs packed in containers for the purpose of sale to consumers shall be held and transported under refrigeration at ambient temperatures no greater than forty-five degrees Fahrenheit (seven and two-tenths degrees Celsius). This provision shall apply without limitation to retailers, institutional users, dealer/wholesalers, food handlers, transportation firms, or any person who handles eggs after the point of first purchase.
(4) No invoice shall be required on eggs when packed for sale to the United States department of defense, or a component thereof, if labeled with grades promulgated by the United States secretary of agriculture.
[ 2012 c 117 s 355; 1995 c 374 s 31; 1975 1st ex.s. c 201 s 33.]
Notes:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.

catchline: 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.


title: RCW 69.25.900

text:
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.]

catchline: Savings.


title: RCW 69.25.910

text:
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.]

catchline: Chapter is cumulative and nonexclusive.


title: RCW 69.25.930

text:
This act may be known and cited as the "Washington wholesome eggs and egg products act".
[ 1975 1st ex.s. c 201 s 39.]

catchline: Short title.


title: RCW 69.28.020

text:
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 of this chapter.
[ 2012 c 117 s 356; 1939 c 199 s 29; RRS s 6163-29. FORMER PART OF SECTION: 1939 c 199 s 44 now codified as RCW 69.28.025.]

catchline: Enforcement power and duty of director and agents.


title: RCW 69.28.025

text:
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.]

catchline: Rules and regulations have force of law.


title: RCW 69.28.030

text:
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: PROVIDED, That, in the interest of uniformity, such grades and standards of quality shall conform as nearly to those established by the United States department of agriculture as local conditions will permit.
[ 2012 c 117 s 357; 1939 c 199 s 24; RRS s 6163-24.]

catchline: Rules prescribing standards.


title: RCW 69.28.040

text:
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 honey and the containers thereof and to take for inspection such samples of said honey as may be necessary.
[ 2012 c 117 s 358; 1939 c 199 s 28; RRS s 6163-28.]

catchline: Right to enter, inspect, and take samples.


title: RCW 69.28.050

text:
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, the grade of the honey, and, if imported from any foreign country, the name of the country or territory from which the said honey was imported, or if a blend of honey, any part of which is foreign honey, the container must be labeled with the name of the country or territory where such honey was produced and the proportion of each foreign honey used in the blend.
[ 1939 c 199 s 32; RRS s 6163-32.]

catchline: Containers to be labeled.


title: RCW 69.28.060

text:
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 language, in letters large enough to be discernible by any person, on the front, side or top of any container.
[ 1939 c 199 s 35; RRS s 6163-35.]

catchline: Requisites of markings.


title: RCW 69.28.070

text:
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 grade if the honey is to be used in the manufacture of honey products or is to be graded and packaged by the distributor or packer for resale.
[ 1939 c 199 s 21; RRS s 6163-21.]

catchline: "Marked" defined—When honey need not be marked.


title: RCW 69.28.080

text:
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 standards prescribed by the director, by stamping or printing on the container of any such honey such grade or quality: PROVIDED, This section shall not apply to honey while it is in transit in intrastate commerce from one establishment to the other, to be processed, labeled, or repacked.
[ 1961 c 60 s 1; 1957 c 103 s 1; 1949 c 105 s 6; 1939 c 199 s 39; Rem. Supp. 1949 s 6163-39.]

catchline: Purchaser to be advised of standards—Exceptions.


title: RCW 69.28.090

text:
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: 1939 c 199 s 41 now codified as RCW 69.28.095.]

catchline: Forgery, simulation, etc., of marks, labels, etc., unlawful.


title: RCW 69.28.095

text:
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, part.]

catchline: Unlawful mutilation or removal of seals, marks, etc., used by director.


title: RCW 69.28.100

text:
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.]

catchline: Marks for "slack-filled" container.


title: RCW 69.28.110

text:
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.]

catchline: Use of used containers.


title: RCW 69.28.120

text:
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.]

catchline: Floral source labels.


title: RCW 69.28.130

text:
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.]

catchline: Adulterated honey—Sale or offer unlawful.


title: RCW 69.28.133

text:
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.]

catchline: Nonconforming honey—Sale or offer unlawful.


title: RCW 69.28.135

text:
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.]


title: RCW 69.28.140

text:
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.]

catchline: Possession of unlawful honey as evidence.


title: RCW 69.28.170

text:
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 respective counties, and it shall be the duty of the respective prosecuting attorneys immediately to institute and prosecute proceeding in their respective counties and to enforce the penalties provided for by this chapter.
[ 1939 c 199 s 43; RRS s 6163-43.]

catchline: Inspectors—Prosecutions.


title: RCW 69.28.180

text:
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.]

catchline: Violation of rules and regulations unlawful.


title: RCW 69.28.185

text:
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 such fine and imprisonment.
[ 1939 c 199 s 42; RRS s 6163-42. Formerly RCW 69.28.180, part.]

catchline: Penalty.


title: RCW 69.28.190

text:
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.]

catchline: "Director" defined.


title: RCW 69.28.200

text:
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.]

catchline: "Container" defined.


title: RCW 69.28.210

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

catchline: "Subcontainer" defined.


title: RCW 69.28.220

text:
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.]

catchline: "Section box" defined.


title: RCW 69.28.230

text:
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.]

catchline: "Clean and sound containers" defined.


title: RCW 69.28.240

text:
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.]

catchline: "Pack," "packing," or "packed" defined.


title: RCW 69.28.250

text:
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.]

catchline: "Label" defined.


title: RCW 69.28.260

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

catchline: "Person" defined.


title: RCW 69.28.270

text:
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.]

catchline: "Slack-filled" defined.


title: RCW 69.28.280

text:
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 misrepresent any part of the lot, load, arrangement or display.
[ 1939 c 199 s 11; RRS s 6163-11.]

catchline: "Deceptive arrangement" defined.


title: RCW 69.28.290

text:
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 having reference to such honey. A statement, design or device is false and misleading when the honey to which it refers does not conform in every respect to such statement.
[ 1939 c 199 s 12; RRS s 6163-12.]

catchline: "Mislabeled" defined.


title: RCW 69.28.300

text:
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.]

catchline: "Placard" defined.


title: RCW 69.28.310

text:
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, not more than eight percent of sucrose, its specific gravity is 1.412, its weight not less than eleven pounds twelve ounces per standard gallon of 231 cubic inches at sixty-eight degrees Fahrenheit.
[ 1939 c 199 s 14; RRS s 6163-14. Formerly RCW 69.28.010, part.]

catchline: "Honey" defined.


title: RCW 69.28.320

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

catchline: "Comb-honey" defined.


title: RCW 69.28.330

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

catchline: "Extracted honey" defined.


title: RCW 69.28.340

text:
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.]

catchline: "Crystallized honey" defined.


title: RCW 69.28.350

text:
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.]

catchline: "Honeydew" defined.


title: RCW 69.28.360

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

catchline: "Foreign material" defined.


title: RCW 69.28.370

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

catchline: "Foreign honey" defined.


title: RCW 69.28.380

text:
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 bees.
[ 1939 c 199 s 22; RRS s 6163-22. Formerly RCW 69.28.010, part.]

catchline: "Adulterated honey" defined.


title: RCW 69.28.390

text:
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.]

catchline: "Serious damage" defined.


title: RCW 69.28.400

text:
(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 shall manufacture, sell, expose or offer for sale, any compound or mixture branded or labeled exclusively as honey which shall be made up of honey mixed with any other substance or ingredient.
(3) Whenever honey is mixed with any other substance or ingredient and the commodity is to be marketed in imitation or semblance of honey, the product shall be labeled with the word "artificial" or "imitation" in the same type size and style as the word "honey";
(4) Whenever any substance or commodity is to be marketed in imitation or semblance of honey, but contains no honey, the product shall not be branded or labeled with the word "honey" and/or depict thereon a picture or drawing of a bee, bee hive, or honeycomb;
(5) Whenever honey is mixed with any other substance or ingredient and the commodity is to be marketed, there shall be printed on the package containing such compound or mixture a statement giving the ingredients of which it is made; if honey is one of such ingredients it shall be so stated in the same size type as are the other ingredients; nor shall such compound or mixture be branded or labeled exclusively with the word "honey" in any form other than as herein provided; nor shall any product in semblance of honey, whether a mixture or not, be sold, exposed or offered for sale as honey, or branded or labeled exclusively with the word "honey", unless such article is pure honey.
[ 1975 1st ex.s. c 283 s 1.]

catchline: Labeling requirements for artificial honey or mixtures containing honey.


title: RCW 69.28.410

text:
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 provisions of this chapter, as now or hereafter amended, he or she is hereby authorized to affix to such honey or product a notice placing an embargo on such honey or product, and prohibiting its sale in intrastate commerce, and no person shall move or sell such honey or product without first receiving permission from the director to move or sell such honey or product. But if, after such honey or product has been embargoed, the director shall find that such honey or product does not involve a violation of this chapter, as now or hereafter amended, such embargo shall be forthwith removed.
[ 2012 c 117 s 360; 1975 1st ex.s. c 283 s 3.]

catchline: Embargo on honey or product—Notice by director—Removal.


title: RCW 69.28.420

text:
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 hearing to any claimant of such honey or product, to issue an order which directs the removal of such embargo or the destruction or the correction and release of such honey or product. An order for destruction or correction and release shall contain such provision for the payment of pertinent court costs and fees and administrative expenses, as is equitable and which the court deems appropriate in the circumstances. An order for correction and release may contain such provision for bond, as the court finds indicated in the circumstances.
[ 2012 c 117 s 361; 1975 1st ex.s. c 283 s 4.]

catchline: Embargo on honey or product—Court order affirming, required—Order for destruction or correction and release—Bond.


title: RCW 69.28.430

text:
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 jurisdiction by the director or by such claimant.
[ 1975 1st ex.s. c 283 s 5.]

catchline: Consolidation of petitions presenting same issue and claimant.


title: RCW 69.28.440

text:
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 and prior to the hearing thereon.
[ 1975 1st ex.s. c 283 s 6.]

catchline: Sample of honey or product may be obtained—Procedure.


title: RCW 69.28.450

text:
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.]

catchline: Recovery of damages barred if probable cause for embargo.


title: RCW 69.28.900

text:
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, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional, such decisions shall not affect the validity of the remaining portions of this chapter. The legislature hereby declares that it would have passed this chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more of the other sections, subsections, sentences, clauses and phrases be declared unconstitutional.
[ 1939 c 199 s 45; RRS s 6163-45.]

catchline: Severability—1939 c 199.


title: RCW 69.28.910

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

catchline: Short title.


title: RCW 69.30.005

text:
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 manner.
[ 1989 c 200 s 2.]

catchline: Purpose.


title: RCW 69.30.010

text:
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" means any quantity exceeding: (a) Forty pounds of mussels; (b) one hundred oysters; (c) fourteen horse clams; (d) six geoducks; (e) fifty pounds of hard or soft shell clams; or (f) fifty pounds of scallops. The poundage in this subsection (2) constitutes weight with the shell.
(3) "Department" means the state department of health.
(4) "Establishment" means the buildings, together with the necessary equipment and appurtenances, used for the storage, culling, shucking, packing and/or shipping of shellfish in commercial quantity or for sale for human consumption.
(5) "Ex officio fish and wildlife officer" means an ex officio fish and wildlife officer as defined in RCW 77.08.010.
(6) "Fish and wildlife officer" means a fish and wildlife officer as defined in RCW 77.08.010.
(7) "Person" means any individual, partnership, firm, company, corporation, association, or the authorized agents of any such entities.
(8) "Sale" means to sell, offer for sale, barter, trade, deliver, consign, hold for sale, consignment, barter, trade, or delivery, and/or possess with intent to sell or dispose of in any commercial manner.
(9) "Secretary" means the secretary of health or his or her authorized representatives.
(10) "Shellfish" means all varieties of fresh and frozen oysters, mussels, clams, and scallops, either shucked or in the shell, and any fresh or frozen edible products thereof.
(11) "Shellfish growing areas" means the lands and waters in and upon which shellfish are grown for harvesting in commercial quantity or for sale for human consumption.
(12) "Shellstock" means live molluscan shellfish in the shell.
[ 2011 c 194 s 1; 2001 c 253 s 5; 1995 c 147 s 1; 1991 c 3 s 303; 1989 c 200 s 1; 1985 c 51 s 1; 1979 c 141 s 70; 1955 c 144 s 1.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).

catchline: Definitions.


title: RCW 69.30.020

text:
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 comparable to those established pursuant to this chapter. The department, a fish and wildlife officer, or an ex officio fish and wildlife officer may immediately seize containers of shellfish that are not affixed with an approved shellfish tag or label.
[ 2011 c 194 s 2; 1955 c 144 s 2.]

catchline: Approved shellfish tag or label—Requirement to sell or offer to sell shellfish.


title: RCW 69.30.030

text:
(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 reasonable sanitary requirements relative to the quality of shellfish growing waters and areas, boat and barge sanitation, building construction, water supply, sewage and wastewater disposal, lighting and ventilation, insect and rodent control, shell disposal, garbage and waste disposal, cleanliness of establishment, the handling, storage, construction and maintenance of equipment, the handling, storage and refrigeration of shellfish, the identification of containers, and the handling, maintenance, and storage of permits, certificates, and records regarding shellfish taken under this chapter. The state board of health shall adopt rules governing procedures for the disposition of seized shellfish.
(2) The state board of health shall consider the most recent version of the national shellfish sanitation program model ordinance, adopted by the interstate shellfish sanitation conference, when adopting rules.
[ 2011 c 194 s 3; 1995 c 147 s 2; 1955 c 144 s 3.]

catchline: Rules and regulations—Duties of state board of health.


title: RCW 69.30.050

text:
(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 adopted under this chapter.
(2) A person may not remove shellfish in a commercial quantity or for sale for human consumption from a shellfish growing area in the state of Washington unless:
(a) The person has received a certificate of approval for the shellfish growing area from the department; and
(b) Approved shellfish tags are affixed to each container of shellstock prior to removal from the shellfish growing area, except bulk tagging is permitted as allowed in the national shellfish sanitation program model ordinance.
(3) Before issuing a certificate of approval, the department shall inspect the shellfish growing area. The department shall issue a certificate of approval if the area meets the requirements of this chapter and the rules adopted under this chapter.
(4) A certificate of approval is valid for a period of twelve months. The department may revoke a certificate of approval at any time the area is found out of compliance with the requirements of this chapter or the rules adopted under this chapter.
(5) It is unlawful to remove shellfish from shellfish growing areas without a certificate of approval in a commercial quantity for purposes other than human consumption, including but not limited to use as bait or seed, unless:
(a) The shellfish operation and shellfish growing area is readily available to monitoring and inspections; and
(b) The department has determined the shellfish operation is designed to ensure that shellfish harvested from such an area is not diverted for human consumption.
(6) Nothing in this section prohibits a person from removing shellfish for use as bait or seed from an approved shellfish growing area.
(7) The department's certificate of approval to harvest shellfish for purposes other than human consumption shall specify:
(a) The date or dates and time of harvest;
(b) All applicable conditions of harvest;
(c) Identification by tagging, dying, or other department-approved means; and
(d) Information about the removal method, transportation method, processing technique, sale details, and other factors to ensure that shellfish harvested from such areas are not diverted for human consumption.
[ 2011 c 194 s 4; 1995 c 147 s 3; 1985 c 51 s 2; 1955 c 144 s 5.]

catchline: Shellfish growing areas—Requirements to harvest—Certificates of approval.


title: RCW 69.30.060

text:
(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 of the state board of health.
(2) A person may not cull, shuck, or pack shellfish within the state of Washington in a commercial quantity or for sale for human consumption, unless the person has received a certificate of approval from the department for the establishment in which such operations will be done.
(3) Before issuing a certificate of approval, the department shall inspect the establishment, and if the establishment meets the rules of the state board of health, the department shall issue a certificate of approval. Such certificates of approval shall be issued for a period not to exceed twelve months, and may be revoked at any time the establishment or the operations are found not to be in compliance with the rules of the state board of health.
[ 2011 c 194 s 5; 1985 c 51 s 3; 1955 c 144 s 6.]

catchline: Certificates of approval—Culling, shucking, packing establishments.


title: RCW 69.30.070

text:
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.]

catchline: Certificates of approval—Compliance with other laws and rules required.


title: RCW 69.30.080

text:
(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 or her duties.
(2) RCW 43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.
[ 2011 c 194 s 6; 1991 c 3 s 304; 1989 c 175 s 125; 1979 c 141 s 71; 1955 c 144 s 8.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Licenses or certificates of approval—Department may deny, revoke, or suspend.


title: RCW 69.30.085

text:
(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 certified under this chapter or rules adopted under this chapter;
(b) Participate in the harvesting, shucking, packing, or shipping of shellfish in commercial quantities or for sale;
(c) Participate in the brokering of shellfish, purchase of shellfish for resale, or retail sale of shellfish; or
(d) Engage in any activity associated with selling or offering to sell shellfish.
(2) Subsections [Subsection] (1)(c) and (d) of this section do not apply to retail purchases of shellfish for personal use.
(3) Subsection (1) of this section applies to a person only during the period of time in which that person's license or certificate of approval is denied, revoked, or suspended.
(4) Unlawful operations under subsection (1) of this section when a license or certificate of approval is denied, revoked, or suspended is a class C felony. Upon conviction, the department shall order that the person's license or certificate of approval be revoked for a period of at least five years, or that a person whose application for a license or certificate of approval was denied be ineligible to reapply for a period of at least five years.
(5) A license or certificate of approval issued under this chapter may not be assigned or transferred in any manner without department approval.
[ 2011 c 194 s 7; 1998 c 44 s 1.]

catchline: License, certificate of approval—Denial, revocation, suspension—Prohibited acts—Penalties.


title: RCW 69.30.110

text:
(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 certificate of approval, or department-approved equivalent, issued under RCW 69.30.050 to an authorized representative of the department, a fish and wildlife officer, or an ex officio fish and wildlife officer subjects the grower to the penalty provisions of this chapter, as well as seizure and disposition, up to and including disposal, of the shellfish by the representative or officer.
(2) Failure of a shellfish processor to display a certificate of approval issued under RCW 69.30.060 to an authorized representative of the department, a fish and wildlife officer, or an ex officio fish and wildlife officer subjects the processor to the penalty provisions of this chapter, as well as seizure and disposition, up to and including disposal, of the shellfish by the representative or officer.
[ 2011 c 194 s 8; 2001 c 253 s 6; 1995 c 147 s 4; 1985 c 51 s 4; 1979 c 141 s 74; 1955 c 144 s 11.]

catchline: Possession or sale in violation of chapter—Enforcement—Seizure—Disposal.


title: RCW 69.30.120

text:
The department may enter and inspect any shellfish growing area or establishment for the purposes of determining compliance with this chapter and rules adopted under this chapter. The department may inspect all shellfish, all permits, all certificates of approval and all records.
During such inspections the department shall have free and unimpeded access to all buildings, yards, warehouses, storage and transportation facilities, vehicles, and other places reasonably considered to be or to have been part of the regulated business or entity, to all ledgers, books, accounts, memorandums, or records required to be compiled or maintained under this chapter or under rules adopted pursuant to this chapter, and to any products, components, or other materials reasonably believed to be or to have been used, processed, or produced by or in connection with the regulated business or activity. In connection with such inspections the department may take such samples or specimens as may be reasonably necessary to determine whether there exists a violation of this chapter or rules adopted under this chapter.
Inspection of establishments may be conducted between eight a.m. and five p.m. on any weekday that is not a legal holiday, during any time the regulated business or entity has established as its usual business hours, at any time the regulated business or entity is open for business or is otherwise in operation, and at any other time with the consent of the owner or authorized agent of the regulated business or entity.
The department may apply for an administrative inspection warrant to a court of competent jurisdiction and an administrative inspection warrant may issue where:
(1) The department has attempted an inspection under this chapter and access to all or part of the regulated business or entity has been actually or constructively denied; or
(2) There is reasonable cause to believe that a violation of this chapter or of rules adopted under this chapter is occurring or has occurred.
[ 1995 c 147 s 5; 1985 c 51 s 5; 1955 c 144 s 12.]

catchline: Inspection by department—Access to regulated business or entity—Administrative inspection warrant.


title: RCW 69.30.130

text:
All existing laws and rules and regulations governing the pollution of waters of the state shall apply in the control of pollution of shellfish growing areas.
[ 1955 c 144 s 13.]

catchline: Water pollution laws and rules applicable.


title: RCW 69.30.140

text:
Except as provided in RCW 69.30.085(4), any person convicted of violating any of the provisions of this chapter shall be guilty of a gross misdemeanor. A conviction is an unvacated forfeiture of bail or collateral deposited to secure the defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a violation of this chapter or rules adopted under this chapter, regardless of whether imposition of sentence is deferred or the penalty is suspended, and shall be treated as a conviction for purposes of license revocation and suspension of privileges under *RCW 77.15.700(5).
[ 2011 c 194 s 9; 2001 c 253 s 7; 1995 c 147 s 6; 1985 c 51 s 6; 1955 c 144 s 14.]
Notes:
*Reviser's note: RCW 77.15.700 was amended by 2003 c 386 s 2, deleting subsection (5).

catchline: Penalties.


title: RCW 69.30.145

text:
As limited by RCW 69.30.150, the department may impose civil penalties for violations of standards set forth in this chapter or rules adopted under RCW 69.30.030.
[ 1989 c 200 s 3.]

catchline: Civil penalties.


title: RCW 69.30.150

text:
(1) In addition to any other penalty provided by law, every person who violates standards set forth in this chapter or rules adopted under RCW 69.30.030 is subject to a penalty of not more than five hundred dollars per day for every violation. Every violation is a separate and distinct offense. In case of a continuing violation, every day's continuance is a separate and distinct violation. Every person who, through an act of commission or omission, procures, aids, or abets in the violation is in violation of this section and is subject to the penalty provided in this section.
(2) The penalty provided for in this section shall be imposed by a notice in writing to the person against whom the civil fine is assessed and shall describe the violation with reasonable particularity. The notice shall be personally served in the manner of service of a summons in a civil action or in a manner which shows proof of receipt. Any penalty imposed by this section shall become due and payable twenty-eight days after receipt of notice unless application for remission or mitigation is made as provided in subsection (3) of this section or unless application for an adjudicative proceeding is filed as provided in subsection (4) of this section.
(3) Within fourteen days after the notice is received, the person incurring the penalty may apply in writing to the department for the remission or mitigation of the penalty. Upon receipt of the application, the department may remit or mitigate the penalty upon whatever terms the department deems proper, giving consideration to the degree of hazard associated with the violation. The department may only grant a remission or mitigation that it deems to be in the best interests of carrying out the purposes of this chapter. The department may ascertain the facts regarding all such applications in a manner it deems proper. When an application for remission or mitigation is made, any penalty incurred pursuant to this section becomes due and payable twenty-eight days after receipt of the notice setting forth the disposition of the application, unless an application for an adjudicative proceeding to contest the disposition is filed as provided in subsection (4) of this section.
(4) Within twenty-eight days after notice is received, the person incurring the penalty may file an application for an adjudicative proceeding and may pursue subsequent review as provided in chapter 34.05 RCW and applicable rules of the department or board of health.
(5) Any penalty imposed by final order following an adjudicative proceeding becomes due and payable upon service of the final order.
(6) The attorney general may bring an action in the name of the department in the superior court of Thurston county or of any county in which the violator may do business to collect any penalty imposed under this chapter.
(7) All penalties imposed under this section shall be paid to the state treasury and credited to the general fund.
[ 1989 c 200 s 4.]

catchline: Civil penalties—General provisions.


title: RCW 69.36.010

text:
In this chapter, unless the context or subject matter otherwise requires:
(1) The term "dangerous caustic or corrosive substance" means each and all of the acids, alkalis, and substances named below: (a) Hydrochloric acid and any preparation containing free or chemically unneutralized hydrochloric acid (HCl) in a concentration of ten percent or more; (b) sulphuric acid and any preparation containing free or chemically unneutralized sulphuric acid (H2SO4) in concentration of ten percent or more; (c) nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of five percent or more; (d) carbolic acid (C6H5OH), otherwise known as phenol, and any preparation containing carbolic acid in a concentration of five percent or more; (e) oxalic acid and any preparation containing free or chemically unneutralized oxalic acid (H2C2O4) in a concentration of ten percent or more; (f) any salt of oxalic acid and any preparation containing any such salt in a concentration of ten percent or more; (g) acetic acid or any preparation containing free or chemically unneutralized acetic acid (HC2H3O2) in a concentration of twenty percent or more; (h) hypochlorous acid, either free or combined, and any preparation containing the same in a concentration so as to yield ten percent or more by weight of available chlorine, excluding calx chlorinata, bleaching powder, and chloride of lime; (i) potassium hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and Vienna paste, in a concentration of ten percent or more; (j) sodium hydroxide and any preparation containing free or chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye, in a concentration of ten percent or more; (k) silver nitrate, sometimes known as lunar caustic, and any preparation containing silver nitrate (AgNO3) in a concentration of five percent or more; and (l) ammonia water and any preparation yielding free or chemically uncombined ammonia (NH3), including ammonium hydroxide and "hartshorn", in a concentration of five percent or more.
(2) The term "misbranded parcel, package, or container" means a retail parcel, package, or container of any dangerous caustic or corrosive substance for household use, not bearing a conspicuous, easily legible label or sticker, containing (a) the name of the article; (b) the name and place of business of the manufacturer, packer, seller, or distributor; (c) the word "POISON," running parallel with the main body of reading matter on said label or sticker, on a clear, plain background of a distinctly contrasting color, in uncondensed gothic capital letters, the letters to be not less than twenty-four point size, unless there is on said label or sticker no other type so large, in which event the type shall be not smaller than the largest type on the label or sticker; and (d) directions for treatment in case of accidental personal injury by the dangerous caustic or corrosive substance; PROVIDED, That such directions need not appear on labels or stickers on parcels, packages, or containers at the time of shipment or of delivery for shipment by manufacturers or wholesalers for other than household use. PROVIDED FURTHER, That this chapter is not to be construed as applying to any substance subject to the chapter, sold at wholesale or retail for use by a retail druggist in filling prescriptions or in dispensing, in pursuance of a prescription by a physician, dentist, or veterinarian; or for use by or under the direction of a physician, dentist, or veterinarian; or for use by a chemist in the practice or teaching of his or her profession; or for any industrial or professional use, or for use in any of the arts and sciences.
[ 2012 c 117 s 362; 1929 c 82 s 1; RRS s 2508-1. Formerly RCW 69.36.010 and 69.36.020, part.]


title: RCW 69.36.020

text:
No person shall sell, barter, or exchange, or receive, hold, pack, display, or offer for sale, barter, or exchange, in this state any dangerous caustic or corrosive substance in a misbranded parcel, package, or container, said parcel, package, or container being designed for household use; PROVIDED, That household products for cleaning and washing purposes, subject to this chapter and labeled in accordance therewith, may be sold, offered for sale, held for sale, and distributed in this state by any dealer, wholesale or retail; PROVIDED FURTHER, That no person shall be liable to prosecution and conviction under this chapter when he or she establishes a guaranty bearing the signature and address of a vendor residing in the United States from whom he or she purchased the dangerous caustic or corrosive substance, to the effect that such substance is not misbranded within the meaning of this chapter. No person in this state shall give any such guaranty when such dangerous caustic or corrosive substance is in fact misbranded within the meaning of this chapter.
[ 2012 c 117 s 363; 1929 c 82 s 2; RRS s 2508-2. FORMER PART OF SECTION: 1929 c 82 s 1 now codified in RCW 69.32.010.]

catchline: Misbranded sales, etc., prohibited—Exceptions.


title: RCW 69.36.030

text:
Any dangerous caustic or corrosive substance in a misbranded parcel, package, or container suitable for household use, that is being sold, bartered, or exchanged, or held, displayed, or offered for sale, barter, or exchange, shall be liable to be proceeded against in any superior court within the jurisdiction of which the same is found and seized for confiscation, and if such substance is condemned as misbranded, by said court, it shall be disposed of by destruction or sale, as the court may direct; and if sold, the proceeds, less the actual costs and charges, shall be paid over to the state treasurer; but such substance shall not be sold contrary to the laws of the state: PROVIDED, HOWEVER, That upon the payment of the costs of such proceedings and the execution and delivery of a good and sufficient bond to the effect that such substance will not be unlawfully sold or otherwise disposed of, the court may by order direct that such substance be delivered to the owner thereof. Such condemnation proceedings shall conform as near as may be to proceedings in the seizure, and condemnation of substances unfit for human consumption.
[ 1929 c 82 s 3; RRS s 2508-3.]

catchline: Condemnation of misbranded packages.


title: RCW 69.36.040

text:
The director of agriculture shall enforce the provisions of this chapter, and he or she is hereby authorized and empowered to approve and register such brands and labels intended for use under the provisions of this chapter as may be submitted to him or her for that purpose and as may in his or her judgment conform to the requirements of this statute: PROVIDED, HOWEVER, That in any prosecution under this chapter the fact that any brand or label involved in said prosecution has not been submitted to said director for approval, or if submitted, has not been approved by him or her, shall be immaterial.
[ 2012 c 117 s 364; 1929 c 82 s 5; RRS s 2508-5.]

catchline: Enforcement—Approval of labels.


title: RCW 69.36.050

text:
Every prosecuting attorney to whom there is presented, or who in any way procures, satisfactory evidence of any violation of the provisions of this chapter shall cause appropriate proceedings to be commenced and prosecuted in the proper courts, without delay, for the enforcement of the penalties as in such cases herein provided.
[ 1929 c 82 s 6; RRS s 2508-6.]

catchline: Duty to prosecute.


title: RCW 69.36.060

text:
Any person violating the provisions of this chapter shall be guilty of a misdemeanor.
[ 1929 c 82 s 4; RRS s 2508-4.]

catchline: Penalty.


title: RCW 69.36.070

text:
This chapter may be cited as the Washington Caustic Poison Act of 1929.
[ 1929 c 82 s 7; RRS s 2508-7.]

catchline: Short title.


title: RCW 69.38.010

text:
As used in this chapter "poison" means:
(1) Arsenic and its preparations;
(2) Cyanide and its preparations, including hydrocyanic acid;
(3) Strychnine; and
(4) Any other substance designated by the pharmacy quality assurance commission which, when introduced into the human body in quantities of sixty grains or less, causes violent sickness or death.
[ 2013 c 19 s 52; 1987 c 34 s 1.]

catchline: "Poison" defined.


title: RCW 69.38.020

text:
All substances regulated under chapters 15.58, 17.21, 69.04, 69.41, and 69.50 RCW, and chapter 69.45 RCW are exempt from the provisions of this chapter.
[ 1987 c 34 s 2.]

catchline: Exemptions from chapter.


title: RCW 69.38.030

text:
It is unlawful for any person, either on the person's own behalf or while an employee of another, to sell any poison without first recording in ink in a "poison register" kept solely for this purpose the following information:
(1) The date and hour of the sale;
(2) The full name and home address of the purchaser;
(3) The kind and quantity of poison sold; and
(4) The purpose for which the poison is being purchased.
The purchaser shall present to the seller identification which contains the purchaser's photograph and signature. No sale may be made unless the seller is satisfied that the purchaser's representations are true and that the poison will be used for a lawful purpose. Both the purchaser and the seller shall sign the poison register entry.
If a delivery of a poison will be made outside the confines of the seller's premises, the seller may require the business purchasing the poison to submit a letter of authorization as a substitute for the purchaser's photograph and signature requirements. The letter of authorization shall include the unified business identifier and address of the business, a full description of how the substance will be used, and the signature of the purchaser. Either the seller or the employee of the seller delivering or transferring the poison shall affix his or her signature to the letter as a witness to the signature and identification of the purchaser. The transaction shall be recorded in the poison register as provided in this section. Letters of authorization shall be kept with the poison register and shall be subject to the inspection and preservation requirements contained in RCW 69.38.040.
[ 1988 c 197 s 1; 1987 c 34 s 3.]

catchline: Poison register—Identification of purchaser.


title: RCW 69.38.040

text:
Every poison register shall be open for inspection by law enforcement and health officials at all times and shall be preserved for at least two years after the date of the last entry. Any person failing to maintain the poison register as required in this chapter is guilty of a misdemeanor.
[ 1987 c 34 s 4.]

catchline: Inspection of poison register—Penalty for failure to maintain register.


title: RCW 69.38.050

text:
Any person making any false representation to a seller when purchasing a poison is guilty of a gross misdemeanor.
[ 1987 c 34 s 5.]

catchline: False representation—Penalty.


title: RCW 69.38.060

text:
The pharmacy quality assurance commission, after consulting with the department of health, shall require and provide for the annual licensure of every person now or hereafter engaged in manufacturing or selling poisons within this state. Upon a payment of a fee as set by the department, the department shall issue a license in such form as it may prescribe to such manufacturer or seller. Such license shall be displayed in a conspicuous place in such manufacturer's or seller's place of business for which it is issued.
Any person manufacturing or selling poison within this state without a license is guilty of a misdemeanor.
[ 2013 c 19 s 53; 1989 1st ex.s. c 9 s 440; 1987 c 34 s 6.]
Notes:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.

catchline: Manufacturers and sellers of poisons—License required—Penalty.


title: RCW 69.38.070

text:
Chapter 18.64 RCW governs the denial of licenses and the discipline of persons licensed under this chapter. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice of persons required to obtain a license under this chapter.
[ 2024 c 121 s 40.]

catchline: Enforcement—Uniform disciplinary act.


title: RCW 69.40.010

text:
It shall be unlawful for any person to sell, offer for sale, use, distribute, or leave in any place, any crackers, biscuit, bread or any other preparation resembling or in similitude, of any edible product, containing arsenic, strychnine or any other poison.
[ 1905 c 141 s 1; RRS s 6140. FORMER PART OF SECTION: 1905 c 141 s 2 now codified as RCW 69.40.015.]

catchline: Poison in edible products.


title: RCW 69.40.015

text:
Any person violating the provisions of RCW 69.40.010 shall upon conviction be punished by a fine of not less than ten dollars nor more than five hundred dollars.
[ 1905 c 141 s 2; RRS s 6141. Formerly RCW 69.40.010, part.]

catchline: Poison in edible products—Penalty.


title: RCW 69.40.020

text:
Any person who shall sell, offer to sell, or have in his or her possession for the purpose of sale, either as owner, proprietor, or assistant, or in any manner whatsoever, whether for hire or otherwise, any milk or any food products, containing the chemical ingredient commonly known as formaldehyde, or in which any formaldehyde or other poisonous substance has been mixed, for the purpose of preservation or otherwise, is guilty of a class C felony, and upon conviction thereof shall be imprisoned in the penitentiary for the period of not less than one year nor more than three years.
[ 2003 c 53 s 320; 1905 c 50 s 1; RRS s 6142. FORMER PART OF SECTION: 1905 c 50 s 2, now codified as RCW 69.40.025.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Poison in milk or food products—Penalty.


title: RCW 69.40.025

text:
*This act shall be supplementary to the laws of this state now in force prohibiting the adulteration of food and fraud in the sale thereof; and the state dairy and food commissioner, the chemist of the state agricultural experiment station, the state attorney general and the prosecuting attorneys of the several counties of this state are hereby required, without additional compensation, to assist in the execution of *this act, and in the prosecution of all persons charged with the violation thereof, in like manner and with like powers as they are now authorized and required by law to enforce the laws of this state against the adulteration of food and fraud in the sale thereof.
[ 1905 c 50 s 2; RRS s 6143. Formerly RCW 69.40.020, part.]
Notes:
Reviser's note: *(1) "This act" appears in 1905 c 50 and the sections of the act are codified as RCW 69.40.020 and 69.40.025.
(2) The duties of the state dairy and food commissioner have devolved upon the director of agriculture through a chain of statute as follows: 1913 c 60 s 6(2); 1921 c 7 s 93(1). See RCW 43.23.090(1).

catchline: Supplementary to existing laws—Enforcement.