Revised Code of Washington
Chapter 69.25 - Washington Wholesome Eggs and Egg Products Act.
69.25.150 - Penalties—Liability of employer—Defense.

RCW 69.25.150
Penalties—Liability of employer—Defense.

(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 § 836; 2003 c 53 § 317; 1995 c 374 § 27; 1992 c 7 § 47; 1975 1st ex.s. c 201 § 16.]
NOTES:

Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.


Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.

Structure Revised Code of Washington

Revised Code of Washington

Title 69 - Food, Drugs, Cosmetics, and Poisons

Chapter 69.25 - Washington Wholesome Eggs and Egg Products Act.

69.25.010 - Legislative finding.

69.25.020 - Definitions.

69.25.030 - Purpose—Certain federal rules adopted by reference—Hearing, notice by director—Adoption of rules by director.

69.25.040 - Application of administrative procedure act.

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

69.25.060 - Egg handler's or dealer's license—Late renewal fee.

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

69.25.070 - Egg handler's or dealer's license—Denial, suspension, revocation, or conditional issuance.

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

69.25.090 - Sanitary operation of official plants—Inspection refused if requirements not met.

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

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

69.25.107 - Commercial egg layer operations—Requirements.

69.25.110 - Prohibited acts and practices.

69.25.120 - Director to cooperate with other agencies—May conduct examinations.

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

69.25.140 - Records required, access to and copying of.

69.25.150 - Penalties—Liability of employer—Defense.

69.25.155 - Interference with person performing official duties.

69.25.160 - Notice of violation—May take place of prosecution.

69.25.170 - Exemptions permitted by rule of director.

69.25.180 - Limiting entry of eggs and egg products into official plants.

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

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

69.25.210 - Embargo—Order affirming not required, when.

69.25.220 - Embargo—Consolidation of petitions.

69.25.230 - Embargo—Sampling of article.

69.25.240 - Condemnation—Recovery of damages restricted.

69.25.250 - Assessment—Rate, applicability, time of payment—Reports—Contents, frequency—Exemption.

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

69.25.270 - Assessment—Monthly payment—Audit—Failure to pay, penalty.

69.25.280 - Assessment—Use of proceeds.

69.25.290 - Assessment—Exclusions.

69.25.300 - Transfer of moneys in state egg account.

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

69.25.320 - 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.

69.25.900 - Savings.

69.25.910 - Chapter is cumulative and nonexclusive.

69.25.930 - Short title.