Senate File 2391 H-8273 Amend Senate File 2391, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 1, before line 1 by inserting: 3 < DIVISION I 4 MEAT PRODUCTS —— M1SCELLANEOUS > 5 2. Page 6, line 11, after < chapters > by inserting < 137A, > 6 3. Page 6, line 20, after < chapters > by inserting < 137A, > 7 4. Page 7, after line 35 by inserting: 8 < DIVISION ___ 9 EGG PRODUCTS 10 PART A 11 MISBRANDING OF EGG PRODUCTS 12 Sec. ___. NEW SECTION . 137A.1 Definitions. 13 As used in this chapter, unless the context otherwise 14 requires: 15 1. “Department” means the department of inspections, 16 appeals, and licensing. 17 2. a. “Egg” means a food product that is the reproductive 18 output of an agricultural food animal classified as a chicken. 19 b. “Egg” includes albumen and yolk encased in a 20 calcium-based shell. 21 3. “Egg processing” means the processing of eggs that may 22 include any of the following: 23 a. The handling, preparation, and packaging of whole shelled 24 or unshelled eggs. 25 b. The handling, preparation, heating, and packaging of 26 whole shelled or unshelled eggs. 27 c. The breaking of eggs and the separation of eggs; 28 pasteurization; filtering, mixing, stabilizing, or blending 29 parts of the egg; any cooling, freezing, or drying of parts of 30 the egg; storage; and packaging. 31 4. “Egg product” means a food product derived from 32 egg processing in which eggs or egg parts are the primary 33 ingredient. 34 5. “Fabricated-egg product” means a food product, if it has 35 -1- SF 2391.4020 (4) 90 da/ns 1/ 6 #1. #2. #3. #4.

one or more sensory attributes that resemble an egg product 1 but that, in lieu of being the output of a chicken commonly 2 referred to as a laying hen, is derived from manufactured 3 plants or other organic materials. 4 6. a. “Identifying egg term” means any word or phrase 5 that states, indicates, suggests, or describes an egg product, 6 regardless of whether the word or phrase is used individually, 7 as a portmanteau, or as a compound word. 8 b. “Identifying egg term” includes but is not limited to any 9 of the following: 10 (1) (a) A common name for a type of a chicken, including 11 laying hen, hen, or layer, cage-free, poultry, or fowl. 12 (b) A common name for a characteristic of a chicken based 13 on age, breed, or sex. 14 (2) Any part of the egg, including its egg, eggshell, egg 15 white, or yolk. 16 (3) (a) A common name that a reasonable purchaser would 17 immediately and exclusively associate with an egg product 18 prepared for sale in normal commercial channels such as 19 custard, eggnog, frittata, huevos rancheros, omelette, 20 mayonnaise, meringue, sunny side up, over easy, over hard, 21 scrambled, or quiche. 22 (b) A comparable word or phrase as approved by the 23 department. 24 7. “Label” means a display of written, printed, or graphic 25 matter placed upon any container storing a food product that 26 is offered for sale or sold on a wholesale or retail basis, 27 regardless of whether the label is printed on the container’s 28 packaging or a sticker affixed to the container. 29 8. a. “Qualifying term” means a word, compound word, or 30 phrase that would clearly disclose to a reasonable purchaser of 31 egg products from a food processing plant that a food product 32 is not an egg product. 33 b. “Qualifying term” includes but is not limited to fake, 34 imitation, egg-free, plant, plant-based, vegan, vegetable, 35 -2- SF 2391.4020 (4) 90 da/ns 2/ 6

vegetarian, veggie, or a comparable word or phrase as approved 1 by the department. 2 9. “Regulatory authority” means the same as defined in 3 section 137F.1. 4 Sec. ___. NEW SECTION . 137A.2 Administration. 5 1. In conducting a routine inspection of the premises of a 6 food processing plant licensed under chapter 137F, a regulatory 7 authority is not required to determine if any food product 8 located on the premises is misbranded as an egg product as 9 provided in section 137A.3. 10 2. A regulatory authority shall inspect an inventory of 11 food products offered for sale or sold at a food processing 12 plant based on a credible complaint that the food products are 13 misbranded as egg products as provided in section 137A.3. 14 3. A regulatory authority shall have the same powers to 15 inspect a food processing plant under this chapter as it does 16 under chapter 137F. 17 4. The department shall adopt rules pursuant to chapter 17A 18 that are necessary or desirable to administer and enforce this 19 chapter. 20 Sec. ___. NEW SECTION . 137A.3 Misbranded food product. 21 A food product is misbranded as an egg product if all of the 22 following apply: 23 1. The food product is a fabricated-egg product or the food 24 product contains a fabricated-egg product. 25 2. The food product is offered for sale or sold by a food 26 processing plant. 27 3. a. A label that is part of or placed on the package 28 or other container storing the food product includes an 29 identifying egg term. 30 b. Paragraph “a” does not apply if the label contains a 31 conspicuous and prominent qualifying term in close proximity to 32 an identifying egg term. 33 Sec. ___. NEW SECTION . 137A.4 Prohibition —— sale. 34 A food processing plant shall not offer for sale or sell a 35 -3- SF 2391.4020 (4) 90 da/ns 3/ 6

food product that is misbranded as an egg product as provided 1 in section 137A.3. 2 Sec. ___. NEW SECTION . 137A.5 Enforcement —— stop order. 3 1. If a regulatory authority has reasonable cause to believe 4 that a food processing plant is offering for sale or selling a 5 food product that is misbranded as an egg product in violation 6 of section 137A.4, the regulatory authority may issue a stop 7 order. Upon being issued the stop order, the food processing 8 plant shall not offer for sale or sell the food product until 9 the regulatory authority determines that the food product is or 10 is not misbranded as an egg product. 11 2. The regulatory authority may require that the food 12 product be held by the food processing plant and be secured 13 from purchase. 14 3. If a regulatory authority determines that the food 15 product being offered for sale or sold by a food processing 16 plant is misbranded as an egg product, the regulatory authority 17 may issue an embargo order requiring the food processing plant 18 to dispose of the misbranded egg product other than by sale to 19 purchasers in this state. 20 4. The department, the attorney general, or the county 21 attorney in the county where the food product is being offered 22 for sale or sold may enforce the stop order or embargo order by 23 petitioning the district court of that county. 24 Sec. ___. NEW SECTION . 137A.6 Violation —— misbranding —— 25 civil penalty. 26 1. A food processing plant shall not misbrand a food product 27 as an egg product as provided in section 137A.3 as determined 28 by the department. 29 2. A food processing plant violating subsection 1 is subject 30 to a civil penalty of not more than five hundred dollars, not 31 to exceed ten thousand dollars total for violations arising 32 out of the same transaction or occurrence. Each day that a 33 violation continues constitutes a separate offense. 34 3. The department shall impose the civil penalty provided 35 -4- SF 2391.4020 (4) 90 da/ns 4/ 6

in subsection 2. A food processing plant may contest the 1 imposition of the civil penalty by initiating a contested case 2 proceeding pursuant to chapter 17A. 3 4. Civil penalties collected under this section shall be 4 deposited in the general fund of the state. 5 Sec. ___. NEW SECTION . 137F.4A Egg products. 6 1. A regulatory authority shall not suspend or revoke a 7 license issued to a food processing plant under this chapter 8 for offering for sale or selling a food product that is 9 misbranded as an egg product in violation of section 137A.4. 10 2. A license issued to a food processing plant under section 11 137F.4 also covers the operation of a food processing plant 12 under chapter 137A. 13 PART B 14 FEDERAL PROGRAM PURCHASING RESTRICTIONS 15 Sec. ___. NEW SECTION . 135.16D Federal nutrition programs 16 —— fabricated-egg products. 17 1. As used in this section, unless the context otherwise 18 requires: 19 a. “Fabricated-egg product” means the same as defined in 20 section 137A.1. 21 b. “Federal nutrition program” or “program” means any of the 22 following: 23 (1) The special supplemental nutrition program for women, 24 infants, and children as provided in 42 U.S.C. §1786 et seq. 25 (2) The supplemental nutrition assistance program as 26 provided in 7 U.S.C. ch. 51. 27 2. If the United States department of agriculture approves 28 fabricated-egg products for purchase under a federal nutrition 29 program, the department of health and human services shall 30 submit a request to the United States department of agriculture 31 for a waiver or other exception that excludes fabricated-egg 32 products from program eligibility in this state. 33 PART C 34 STATE PURCHASING RESTRICTIONS 35 -5- SF 2391.4020 (4) 90 da/ns 5/ 6

Sec. ___. NEW SECTION . 260C.10A Purchases —— egg products. 1 The board of directors providing services to a merged area, 2 and the board of directors of a community college, shall 3 establish policies to prevent the purchase of a food product 4 that is misbranded as an egg product as prohibited in chapter 5 137A. 6 Sec. ___. NEW SECTION . 262.25E Purchases —— egg products. 7 The state board of regents, and institutions under the 8 control of the board, shall establish policies to prevent the 9 purchase of a food product that is misbranded as an egg product 10 as prohibited in chapter 137A. 11 Sec. ___. NEW SECTION . 283A.13 Purchases —— egg products. 12 The department of education, and school boards, shall 13 establish policies to prevent the purchase of a food product 14 that is misbranded as an egg product as prohibited in chapter 15 137A. > 16 5. By renumbering as necessary. 17 ______________________________ HORA of Washington -6- SF 2391.4020 (4) 90 da/ns 6/ 6 #5.