Washington · statute · Wash. Rev. Code ch. 15.130 · 35 active provisions
The purpose of this chapter is to protect the public from adulteration, misbranding, and false advertisement of food in intrastate commerce. The intent is to promote uniformity with federal law, governmental transparency, and regulatory fairness.
GENERAL PROVISIONS
(1) All references to a federal statute in this chapter mean the statute and its implementing regulations existing on June 7, 2018, or the date of such subsequent version as the department may adopt by rule.(2) Where the referenced federal statute refers to the "secretary," the meaning for the purpose of this chapter i…
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Advertisement" means all representations, other than by labeling, that directly or indirectly induce, or are likely to induce, the purchase of food.(2) "Carrier" means a person who undertakes the professiona…
(1) The department must do all acts and things necessary to carry out and enforce the provisions of this chapter.(2) The department must adopt rules as necessary to implement the purpose and provisions of this chapter.(a) To the extent feasible, the rules must promote uniformity with the federal food, drug, and cosmeti…
Chapter 34.05 RCW governs the administration of this chapter including but not limited to rule making, assessment of civil penalties, orders, emergency actions, and license suspension, revocation, or denial.
(1) Food in transit from one processing facility to another processing facility to complete its preparation for sale is exempt from the labeling requirements of this chapter, but is otherwise subject to all applicable provisions of this chapter.(2) This chapter is not applicable to kosher food to the extent necessary t…
The following information or records obtained from the federal food and drug administration pursuant to a contract or commissioning agreement is exempt from public inspection and copying under chapter 42.56 RCW to the extent it is exempt from disclosure under 5 U.S.C. Sec. 552, the federal freedom of information act: T…
GENERAL QUALITY STANDARDS AND REQUIREMENTS
(1) A person may not:(a) Cause or intend to cause adulteration of food in intrastate commerce;(b) Sell, process, or store adulterated food in intrastate commerce; or(c) Receive for the purpose of sale in intrastate commerce food known to be adulterated.(2) Food is adulterated if it is adulterated within the meaning of…
(1) A person may not:(a) Cause or intend to cause misbranded food in intrastate commerce;(b) Sell, process, or store misbranded food in intrastate commerce; or(c) Receive for the purpose of sale in intrastate commerce food known to be misbranded.(2) Food is misbranded if it is misbranded within the meaning of 21 U.S.C.…
(1) A person may not disseminate false advertising with respect to food within the state, in any manner or by any means or through any medium.(2) An advertisement of a food is false if it is false or misleading in any particular or if it is false or misleading within the meaning of 21 U.S.C. Sec. 321(n).
A person may not change, mutilate, destroy, obliterate, or remove any part of food labeling, or do any other act that results in a food being adulterated or misbranded after shipment in intrastate commerce and while the food is held for sale.
A person may not knowingly or intentionally give a false guarantee or falsely warrant that food complies with this chapter.
SPECIAL QUALITY OR LABELING REQUIREMENTS
(1) All perishable packaged foods in intrastate commerce with a projected shelf life of thirty days or less must state a pull date on the package.(2) The pull date must be stated by month and day and be in a style and format that is readily decipherable by consumers.(3) A person may not offer perishable packaged food f…
(1) Theaters and other commercial food establishments that prepare and sell popcorn for human consumption must post a sign in a conspicuous location identifying whether butter or butter-like flavoring added to or attributed to the popcorn offered for sale is butter or some other product. If another product, the sign mu…
LICENSES
(1) Unless otherwise provided, the provisions in this section apply to a license or certificate issued under this chapter.(2) Applicants for a new or renewal license issued by the department must submit applications on forms prescribed by the department.(3) The license fee must accompany any application submittal.(4) T…
(1) A person may not operate as a direct seller without a license issued by the department.(2) A licensed direct seller must transport food under conditions that protect food against physical, chemical, and microbial contamination, as well as against deterioration of the food and its container. This includes, but is no…
(1) Any person authorized by the department to operate a food facility must provide the department access for inspection to any part, portion, or area of the food facility or its records subject to the authorization.(2) When possible, the department must make any such inspection during regular business hours or during…
(1) The department may deny, suspend, or revoke a license issued by the department upon determining that an applicant or licensee has:(a) Refused, neglected, or failed to comply with the provisions of this chapter or the rules adopted under it, or a lawful order of the department;(b) Refused, neglected, or failed to ke…
INVESTIGATION, ENFORCEMENT, AND EMERGENCY AUTHORITY
(1) At reasonable times, the department may enter any food facility to inspect such food facility and all pertinent equipment, finished and unfinished materials, containers, labeling, and advertisements and take samples for compliance with this chapter and the rules adopted under it.(2) The department may take product…
(1) Regardless of the existence of other remedies at law, the department may bring an action to enjoin the violation of this chapter or the rules adopted under it in the superior court of Thurston county or in a court of competent jurisdiction.(2) When the injunction concerns dissemination of false advertisement and th…