Definitions.
For the purpose of this chapter:
(1) "Department" means the department of agriculture of the state of Washington.
(2) "Director" means the director of the department or his or her duly appointed representative.
(3) "Person" means a natural person, individual, or firm, partnership, corporation, company, society, and association, and every officer, agent, or employee thereof. This term shall import either the singular or plural, as the case may be.
Enforcement of chapter—Rules, subject to administrative procedure act.
The director shall enforce and carry out the provisions of this chapter and may adopt the necessary rules to carry out its purpose. The adoption of rules shall be subject to the provisions of chapter
34.05 RCW, concerning the adoption of rules, as enacted or hereafter amended.
Minimum conditions for sale, etc.—When license required—Expiration date of license.
It shall be unlawful for any person to sell, offer for sale, hold for sale, or advertise for sale, trade, barter, or to give as an inducement for the sale of another product, milk, cream, or skim milk, for animal food consumption, which does not meet, or has not been produced and handled under conditions prescribed for grade A milk as provided in chapter
15.36 RCW as enacted or hereafter amended, without first obtaining an annual license from the director which shall expire on June 30th following the date of issuance unless revoked prior thereto by the director for cause.
Application, issuance of license.
Application for a license shall be on a form prescribed by the director and shall include the following:
(1) The full name of the person applying for the license.
(2) If such applicant is a 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 shall be given on the application.
(3) The principal business address of the applicant in the state and elsewhere.
(4) The name of a person domiciled in this state authorized to receive and accept service or legal notice of all kinds.
(5) Any other information prescribed by the director necessary to carry out the purposes and provisions of this chapter.
The director shall issue a license to an applicant upon his or her satisfaction that the applicant has satisfied the requirements of this chapter and rules adopted hereunder and that such applicant has paid the required fee.
License fee on application.
The application for an annual license to sell, offer for sale, hold for sale, or advertise for sale, trade, barter, or to give as an inducement for the sale of another product, milk, cream, or skim milk for animal food consumption shall be accompanied by a license fee of twenty-five dollars.
Penalty for delinquency on renewal of license.
If an application for renewal of a license provided for in RCW
15.37.030 is not filed prior to July 1st of any one year, a penalty of ten dollars shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued: PROVIDED, That such penalty shall not apply if the applicant furnishes an affidavit that he or she has not sold, offered for sale, held for sale, or advertised for sale, milk, cream, or skim milk for animal food consumption subsequent to the expiration of his or her prior license.
Denial, suspension, revocation of license.
The director is authorized to deny, suspend, or revoke the license provided for in RCW
15.37.030 subsequent to a hearing in any case in which he or she finds that there has been a failure or refusal to comply with the provisions of this chapter or rules adopted hereunder.
Denial, suspension, revocation of license—Hearings subject to administrative procedure act.
All hearings for a denial, suspension, or revocation of a license provided for in RCW
15.37.030 shall be subject to the provisions of chapter
34.05 RCW concerning adjudicative proceedings.
NOTES:
Effective date—1989 c 175: See note following RCW
34.05.010.
Subpoenas—Witness fees.
The director may issue subpoenas to compel the attendance of witnesses and/or the production of books, documents, and records in the county in which the person licensed under this chapter resides in any hearing affecting the authority or privileges granted by a license issued under the provisions of this chapter. Witnesses, except complaining witnesses, shall be entitled to fees for attendance and travel, as provided for in chapter
2.40 RCW as enacted or hereafter amended.
Coloring of milk in containers, when required.
It shall be unlawful for any person to sell, offer for sale, hold for sale, advertise for sale, trade, barter, or to give as an inducement for the sale of another product, any milk, cream, or skim milk, for animal food consumption which does not meet, or has not been produced under conditions prescribed for grade A milk, as prescribed in chapter
15.36 RCW as enacted or hereafter amended and rules adopted thereunder, and the applicable provisions of chapter
69.04 RCW (the Food, Drug and Cosmetic Act) as enacted and hereafter amended and rules adopted thereunder, in containers provided either by the vendor or vendee and which are capable of holding less than twenty liquid quarts, unless such milk, cream, or skim milk has been decharacterized with a color prescribed by the director which will not affect its nutritive value for animal food.
Labels on containers—Contents.
It shall be unlawful to sell, offer for sale, hold for sale, trade, barter, or to offer as an inducement for the sale of another product, milk, cream, or skim milk subject to the provisions of this chapter in containers which are not labeled in a conspicuous location readily visible to any person handling such containers with the following:
(1) The name and address of the producer or distributor in letters not less than one-fourth inch in size.
(2) The name of the contents in letters not less than one-fourth inch in size.
(3) The words "not for human consumption" in letters at least one-half inch in size.
(4) The words "decharacterized with harmless food coloring" in letters not less than one-fourth inch in size.
Entry on premises.
The director or his or her duly authorized representative may enter, during reasonable business hours, any premises where milk, cream, or skim milk subject to the provisions of this chapter is produced, handled, distributed, sold, offered for sale, held for sale, or used for the inducement of the sale of another product to determine if such milk, cream, or skim milk has been properly decharacterized as provided in RCW
15.37.100 or rules adopted hereunder. No person shall interfere with the director or his or her duly authorized representative when he or she is performing or carrying out the duties imposed on him or her by this chapter or rules adopted hereunder.
Injunctions authorized.
The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any rule adopted pursuant to this chapter in the superior court of Thurston county, notwithstanding the existence of any other remedy at law.
Chapter cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
Penalty.
Any person violating the provisions of this chapter or rules adopted hereunder is guilty of a misdemeanor.
