(1) Except as provided under subsection (2) of this section, any person: (a) Who manufactures a commercial feed in this state; (b) who distributes a commercial feed in or into this state; or (c) whose name appears on a commercial feed label as guarantor, must first obtain from the department a commercial feed license for each facility that distributes in or into this state.

     (2) The following persons are exempt from the requirement of a commercial feed license:

     (a) Any person who makes only retail sales of commercial feed which bears labeling or other approved indication that the commercial feed is from a licensed manufacturer, guarantor, or distributor who has assumed full responsibility for reporting and paying the inspection fee due under chapter 18, Laws of 2005;

     (b) Any person distributing only pet food or specialty pet food;

     (c) Any person distributing food processing byproducts from fruit, vegetable, or potato processing plants, freezing or dehydrating facilities, or juice or jelly preserving plants, except that the distribution of byproducts or products of sugar refineries are not exempt from the requirement of a commercial feed license; and

     (d) Any person distributing bona fide experimental feed on which accurate records and experimental programs are maintained.

     (3) Application for a commercial feed license must be made annually on forms provided by the department and must be accompanied by a fee of fifty dollars.

     (4) The commercial feed license expires on June 30th of each year. The application and fee for a commercial feed license renewal is due July 1st of each year. If a completed application and appropriate fee is not received by July 1st, a late renewal fee of fifty dollars per facility will be assessed in addition to the license fee and must be paid by the applicant before the renewal license is issued. A late renewal fee will not apply if the applicant furnishes an affidavit that he or she has not distributed a commercial feed subsequent to the expiration of his or her prior license. The assessment of the late renewal fee will not prevent the department from taking other action as provided for in this chapter.

     (5) An application for a commercial feed license must include:

     (a) The name and mailing address of the applicant;

     (b) The physical address of the facility;

     (c) The name, contact information, and signature of the applicant; and

     (d) Other information required by the department by rule.

     (6) The department may deny a license application if the applicant is not in compliance with this chapter or applicable rules, and may cancel a license if the licensee is not in compliance with this chapter or applicable rules. Prior to denial or cancellation of a license, the department shall provide notice and an opportunity to correct deficiencies. If an applicant or licensee fails to correct the deficiency, the department shall deny or cancel the license. If aggrieved by the decision, the applicant or licensee may request a hearing as authorized under chapter 34.05 RCW.

     (7) Notwithstanding the payment of a late renewal fee, it is a violation to distribute a commercial feed by an unlicensed person, and nothing in this chapter prevents the department from imposing a penalty authorized by this chapter for the violation.

     (8) The department may under conditions specified by rule, request submission of labels and labeling in order to determine compliance with the provisions of this chapter.

[2005 c 18 § 2; 1995 c 374 § 35.]

NOTES:

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