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AGO 1953 No. 468 - January 23, 1953
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Don Eastvold | 1953-1956 | Attorney General of Washington

OLEOMARGARINE ‑- HOSPITALS, ETC.

RCW 15.32.370 prohibiting the use of any butter substitute in any charitable hospital, or educational, medical, or penal institution maintained or supported by the state, was not repealed by the passage of Initiative 180.

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                                                                 January 23, 1953

Honorable Charles O. Carroll
Prosecuting Attorney of King County
County City Building
Seattle 4, Washington                                                                                                              Cite as:  AGO 51-53 No. 468

 Attention:  Mr. K. G. Smiles 

Dear Sir:

            We are in receipt of your letter of January 21, 1953, requesting our opinion on the question whether colored oleomargarine may be used in Firland Sanatorium and King County Hospital (Harborview).

             It is our opinion that the answer to the question is no.

                                                                      ANALYSIS

             RCW 15.32.370, section 7, chapter 213, Laws of 1929 expressly prohibits the use of any butter substitute, including oleomargarine, in any charitable hospital, or educational, medical, or penal institution maintained or supported by the state.

             Initiative 180, approved on November 4, 1952, expressly repealed RCW 15.40.020, which section prohibited the manufacture, transportation, handling, possession, sale, use or serving of yellow oleomargarine.  It is our opinion that the latter section was a general statute and that the former was a specific statute on a much more limited subject.

              [[Orig. Op. Page 2]]

            We are, therefore, of the opinion that the repeal of the latter by initiative 180 did not impliedly repeal the former.  Our conclusion is that RCW 15.32.370 is still the law and still prohibits the use of oleomargarine in the institutions mentioned therein.

 Very truly yours,
DON EASTVOLD
Attorney General 

RALPH M. DAVIS
Assistant Attorney General

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