(1) The director shall
inspect all dairy farms and all milk processing plants prior to
issuance of a license under this chapter and at a frequency
determined by the director by rule: PROVIDED, That the director
may accept the results of periodic industry inspections of
producer dairies if such inspections have been officially checked
periodically and found satisfactory. In case the director
discovers the violation of any item of grade requirement, he or
she shall make a second inspection after a lapse of such time as
he or she deems necessary for the defect to be remedied, but not
before the lapse of three days, and the second inspection shall
be used in determining compliance with the grade requirements of
this chapter. Whenever there is any violation of the same
requirement of this chapter on the second inspection, the
director may initiate proceedings to degrade, suspend the
license, or assess a civil penalty.
(2) One copy of the inspection report detailing the grade
requirement violations shall be posted by the director in a
conspicuous place upon an inside wall of the milk tank room or a
mutually agreed upon location on a dairy farm or given to an
operator of the milk processing plant, and said inspection report
shall not be defaced or removed by any person except the
director. Another copy of the inspection report shall be filed
with the records of the director.
(3) Every milk producer and milk processing plant shall
permit the director access to all parts of the establishment
during the working hours of the producer or milk processing
plant, which shall at a minimum include the hours from 8 a.m. to
5 p.m., and every milk processing plant shall furnish the
director, upon his or her request, for official use only, samples
of any milk product for laboratory analysis, and a true statement
of the actual quantities of milk and milk products of each grade
purchased and sold.
(4) The director shall have access to all parts of a dairy
farm or facility that is not licensed as a milk producer or milk
processing plant if the director has information that the dairy
farm or facility is engaged in activities that require a license
under this chapter. The director shall have access during the
working hours of the dairy farm or facility, which shall at a
minimum include the hours from 8 a.m. to 5 p.m. The director
shall have the authority to take samples of milk or any milk
products and water and environmental samples for laboratory
analysis. For all establishments subject to this subsection and
subsection (3) of this section, the director shall have access to
records including, but not limited to, customer lists, milk
production records, temperature records, and records of
inspections and tests.
(5) If the director is denied access to a dairy farm or milk
processing plant, the director may apply to a court of competent
jurisdiction for a search warrant authorizing access to the
property and facilities for purposes of conducting tests and
inspections, taking samples, and examining records. To show that
access is denied, the director shall file with the court an
affidavit or declaration containing a description of his or her
attempts to notify and locate the owner or the owner's agent and
to secure consent. Upon application, the court may issue a
search warrant for the purposes requested.
[2006 c 157 § 3; 1999 c 291 § 6; 1996 c 189 § 1; 1994 c 143 § 209; 1961 c 11 §15.36.100 . Prior: 1949 c 168 § 5; Rem. Supp. 1949 § 6266-34. Formerly RCW 15.36.100.]
NOTES:
Findings -- 2006 c 157: See note following RCW 15.36.012.
Effective date -- 1996 c 189: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 28, 1996]." [1996 c 189 § 3.]