RCW ch. 69.36 — Revised Code of Washington Chapter 69.36 RCW — Washington Caustic Poison Act Of 1929

RCW 69.36.010 Definitions. In this chapter, unless the context or subject matter otherwise requires: (1) The term "dangerous caustic or corrosive substance" means each and all of the acids, alkalis, and substances named below: (a) Hydrochloric acid and any preparation containing free or chemically unneutralized hydrochloric acid (HCl) in a concentration of ten percent or more; (b) sulphuric acid and any preparation containing free or chemically unneutralized sulphuric acid (H2 RCW 69.36.020 Misbranded sales, etc., prohibited—Exceptions. No person shall sell, barter, or exchange, or receive, hold, pack, display, or offer for sale, barter, or exchange, in this state any dangerous caustic or corrosive substance in a misbranded parcel, package, or container, said parcel, package, or container being designed for household use; PROVIDED, That household products for cleaning and washing purposes, subject to this chapter and labeled in accordance therewith, may be sold, offered for sale, held for sale, and distributed in this state by any dealer, wholesale or retail; PROVIDED FURTHER, That no person shall be liable to prosecution and conviction under this chapter when he or she establishes a guaranty bearing the signature and address of a vendor residing in the United States from whom he or she purchased the dangerous caustic or corrosive substance, to the effect that such substance is not misbranded within the meaning of this chapter. No person in this state shall give any such guaranty when such dangerous caustic or corrosive substance is in fact misbranded within the meaning of this chapter. [ 2012 c 117 s 363; 1929 c 82 s 2; RRS s 2508-2. FORMER PART OF SECTION: 1929 c 82 s 1 now codified in RCW 69.32.010.] RCW 69.36.030 Condemnation of misbranded packages. Any dangerous caustic or corrosive substance in a misbranded parcel, package, or container suitable for household use, that is being sold, bartered, or exchanged, or held, displayed, or offered for sale, barter, or exchange, shall be liable to be proceeded against in any superior court within the jurisdiction of which the same is found and seized for confiscation, and if such substance is condemned as misbranded, by said court, it shall be disposed of by destruction or sale, as the court may direct; and if sold, the proceeds, less the actual costs and charges, shall be paid over to the state treasurer; but such substance shall not be sold contrary to the laws of the state: PROVIDED, HOWEVER, That upon the payment of the costs of such proceedings and the execution and delivery of a good and sufficient bond to the effect that such substance will not be unlawfully sold or otherwise disposed of, the court may by order direct that such substance be delivered to the owner thereof. Such condemnation proceedings shall conform as near as may be to proceedings in the seizure, and condemnation of substances unfit for human consumption. [ 1929 c 82 s 3; RRS s 2508-3.] RCW 69.36.040 Enforcement—Approval of labels. The director of agriculture shall enforce the provisions of this chapter, and he or she is hereby authorized and empowered to approve and register such brands and labels intended for use under the provisions of this chapter as may be submitted to him or her for that purpose and as may in his or her judgment conform to the requirements of this statute: PROVIDED, HOWEVER, That in any prosecution under this chapter the fact that any brand or label involved in said prosecution has not been submitted to said director for approval, or if submitted, has not been approved by him or her, shall be immaterial. [ 2012 c 117 s 364; 1929 c 82 s 5; RRS s 2508-5.] RCW 69.36.050 Duty to prosecute. Every prosecuting attorney to whom there is presented, or who in any way procures, satisfactory evidence of any violation of the provisions of this chapter shall cause appropriate proceedings to be commenced and prosecuted in the proper courts, without delay, for the enforcement of the penalties as in such cases herein provided. [ 1929 c 82 s 6; RRS s 2508-6.] RCW 69.36.060 Penalty. Any person violating the provisions of this chapter shall be guilty of a misdemeanor. [ 1929 c 82 s 4; RRS s 2508-4.] RCW 69.36.070 Short title. This chapter may be cited as the Washington Caustic Poison Act of 1929. [ 1929 c 82 s 7; RRS s 2508-7.]