Washington Administrative Code

(1)(a) The application to transfer a brand shall be accompanied by a notarized form that includes a facsimile of the brand, a description, information about the current owners, and a twenty-seven dollar and fifty cent transfer fee.(b) A legacy brand transfer requires a one hundre…

(1) If any person fails to comply with the requirements of chapters 16-610 WAC and 16.57 RCW (Identification of livestock), the director may issue that person a notice of infraction and may assess a penalty.(2) The following infractions have the base penalty listed, not including…

(1) Any person presenting cattle for slaughter to a licensed custom slaughterer must give the custom slaughterer a completed certificate of permit. The certificate of permit documents the ownership of the animal at the time of slaughter.(2) Any person licensed as a custom slaught…

(1)(a) Before issuing an initial certified feedlot license, the director will conduct an inspection of all cattle in the feedlot inventory and their corresponding ownership documents.(b) The applicable fee for this inspection of cattle is found in WAC 16-610-065.(2) If a certifie…

(1) Any person licensed to operate a public livestock market is responsible for identifying all cattle and horses consigned to the public livestock market.(2) Identification must be done under the supervision of the director and may occur either before or at the time the animals …

(1) Before allowing the removal of any cattle or horses from any public livestock market, a licensee or the licensee's agent or employee must:(a) Obtain a livestock inspection certificate for the cattle or horses being removed; and(b) Issue a release to the person wishing to remo…

The director must approve all livestock inspection facilities at public livestock markets. For the director's approval, inspection facilities must:(1) Include a chute that is constructed according to the following specifications:(a) Constructed with a solid base on each side of s…

(1) To ensure that scales can be tested with relative ease and convenience:(a) All scales that are inaccessible to a test truck must be accessible by a convenient, unobstructed, hard-surfaced approach ramp or walkway that connects with the scale deck at the scale deck level; and(…

(1) If a licensed operator of a public livestock market fails more than six times in a twelve-month period to conduct a sale on a sale day that has been allocated to the licensee by the director, the allocation of that sale day is subject to change or revocation by the director.(…

(1) An individual, farmers cooperative association, association of livestock breeders, or youth livestock organization such as 4-H, FFA, or other junior livestock group may submit an application to the director for a special sale or open consignment horse sale. Approval of applic…

To assure that any special sale proposed by a farmers cooperative association or association of livestock breeders is limited to the sale of their own livestock, the association may be required to provide verification to the director that any person offering livestock for sale at…

The purpose of this chapter is to provide for fair and uniform determination of civil penalties issued for violations of chapter 90.64 RCW.[Statutory Authority: RCW 90.64.110 and chapter 34.05 RCW. WSR 12-22-019, § 16-611-005, filed 10/29/12, effective 11/29/12.]

"Agronomic rate" means the application of nutrients to supply crop or plant nutrient needs to achieve realistic yields and minimize the movements of nutrients to surface and ground waters."Dairy nutrient management plan" means a plan meeting the requirements established under RCW…

(1) In accordance with RCW 90.64.010 (17)(c) and 90.64.102, dairy producers must maintain records to demonstrate that applications of nutrients to crop land are within acceptable agronomic rates.(2) Dairy producers must maintain the following records to demonstrate that applicati…

The department may assess civil penalties.(1) Nothing in this chapter shall prevent the department from:(a) Choosing not to pursue a civil penalty;(b) Issuing a notice of correction in lieu of pursuing a civil penalty;(c) Negotiating a settlement of cases of such terms and for re…

(1) Pursuant to RCW 43.05.100, the department may issue a notice of correction when the department becomes aware of conditions that are not in compliance with the applicable laws and rules enforced by the department.(2) The department may assess a civil penalty without first issu…

(1) In accordance with RCW 90.64.010 (17)(c) and 90.64.102, failure to maintain all records necessary to show that applications of nutrient to the land were within acceptable agronomic rates may be subject to a civil penalty. The aggregate amount of civil penalties issued to a da…

(1) In accordance with RCW 90.64.010 (17)(a), 90.48.080, and 90.48.144, a discharge of pollutants into the waters of the state may be subject to a civil penalty in the amount of up to ten thousand dollars a day for each violation. Each violation is a separate and distinct offense…

The department of agriculture promulgates this chapter to implement the provisions of the Agricultural Marketing and Fair Practices Act, chapter 15.83 RCW. The purpose of this act is to establish standards of fair practices required of handlers, producers, and association of prod…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Accredited association of producers" means an association of producers which is accredited by the director to be the exclusive negotiating agent for all producer membe…

An association of producers requesting accreditation to serve as the exclusive negotiating agent on behalf of its members who are within a proposed negotiating unit with respect to any qualified commodity shall file with the director an application to accredit a negotiating unit …

(1) Both the association of producers requesting accreditation of a negotiating unit and the person operating the processing facility for which the negotiating unit is being proposed shall create and maintain in their possession an accreditation file for the purpose of allowing t…

The association of producers shall create and maintain an accreditation file for each negotiating unit it is requesting accreditation for, which shall include the following:(1) A copy of the articles of incorporation and by-laws of the association;(2) A copy of the contract betwe…

The processor shall create and maintain an accreditation file for each processing facility where a negotiating unit is being proposed by an association of producers, which shall include the following:(1) A list of the names of producers for each facility with whom the processor h…

(1) The director shall, upon receipt of an application for accreditation of a negotiating unit, promptly notify in writing the processor who operates the processing facility. The director shall schedule a time to examine the accreditation files of both the association of producer…

An association of producers upon receiving notice of deficiencies in the application for accreditation of a proposed negotiating unit may file an amended application with the director. The amended application will be examined in the same manner as the initial application. Amended…

An affected processor or an affected association of producers may petition the director to require an accredited association of producers to renew the application for accreditation of a negotiating unit. If the director concurs with the request of the petitioners or determines th…

A hearing, conducted under the provisions of chapter 34.05 RCW, to determine whether alleged violations of RCW 15.83.030 or 15.83.040 have occurred may be held concurrently with the hearing for civil penalty under RCW 15.83.080.[Statutory Authority: RCW 15.83.100 and 2020 c 176. …

The negotiating period provided in RCW 15.83.010 shall commence each year on January 15th for potatoes and sweet corn and June 1st for pears. Negotiations may begin at any time prior to this date and may continue past the date which is thirty days following this date by mutual co…

Applications for accreditation of a negotiating unit or petitions by affected parties for renewal of an existing negotiating unit shall be received by the director by September 1st of each year to allow sufficient time to determine if the criteria for accreditation has been met. …

(1) Each accredited association of producers and handler shall, within a reasonable time following a negotiating session, place a copy of a summary of the discussions into their respective accreditation file maintained for that negotiating unit. For the purposes of this section, …

If any section or provision of this rule shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the rule as a whole, or any section, provision or part thereof, not adjudged invalid or unconstitutional.[Statutory Authority: RCW 15.8…

The purpose of this chapter is to implement and clarify selected portions of chapter 20.01 RCW. This chapter addresses four topics.(1) Licensing fees and requirements for commission merchants, dealers, brokers, cash buyers or agents.(2) Recordkeeping and proof of payment requirem…

In addition to the definitions listed in RCW 20.01.010, the following definitions are important to understanding this chapter:"Department" means the Washington state department of agriculture."Director" means the director of the Washington state department of agriculture or their…

(1) The following table summarizes the license fee requirements for commission merchants, dealers, brokers, cash buyers, or agents:License ClassLicense FeeAnnualExpiration DateAnnualRenewal DatePenalty Amount for Not Renewing Before January 1Commission merchant$605.00December 31B…

An applicant or licensee may file an assignment of savings or irrevocable letter of credit with the director in lieu of a surety bond. These instruments are subject to the same requirements and provisions as bonds stated in RCW 20.01.210, 20.01.211, and 20.01.212.[Statutory Autho…

Every commission merchant, dealer, broker and cash buyer must keep accurate records. The recordkeeping requirements for:(1) Commission merchants are specified in RCW 20.01.370;(2) Dealers and cash buyers are specified in RCW 20.01.380; and(3) Brokers are specified in RCW 20.01.40…

(1) All commission merchants, dealers, their employees or licensed agents must have a copy of the cargo manifest with each load when transporting hay or straw on equipment owned or under their control.(2) Any common carrier transporting hay or straw for a commission merchant or d…

(1) According to RCW 20.01.510, a processor must report the daily total capacity in tons, cases or other legal and customary measure for:(a) Each crop; and(b) All plants that process any Washington agricultural product.(2) For each processing plant reported, the report must inclu…

(1)(a) Within ten days after a commitment with a processor is made, a grower must notify the director that they have an oral commitment for a specified amount of product.(b) The grower's notification to the director must be in writing and sent by certified mail to the Washington …

For contracts purchasing the production of a specific number of acres, the:(1) Amount contracted for will be based on the crop yield for the comparable area for the most recent five-year average; and(2) Crop yield will be determined by using data from the USDA's National Agricult…

The standard weight for a bale of hops is fixed at from one hundred seventy-five to two hundred thirty pounds.[Statutory Authority: RCW 19.94.190 [(1)](a). WSR 99-06-072, § 16-645-005, filed 3/2/99, effective 4/2/99.]

(1) The amount of tare to be deducted from the gross weight of each bale of hops grown and sold is fixed at five pounds per bale for bales wrapped in burlap cloth. The tare for bales wrapped in plastic baling cloth is fixed at zero.(2) Any vendor of hops using heavier sacking tha…

The department of agriculture promulgates this chapter to implement the provisions of RCW 19.94.340. The provisions allow the director to issue reasonable rules as necessary to assure that the amounts of commodities sold are determined in accordance with good commercial practice …

(1) Liquefied petroleum gas shall be sold or exposed for sale at retail only by avoirdupois weight, specified in pounds; liquid measure, specified in gallons; or vapor, specified in cubic feet.(2) When sold by weight or by liquid measure or in units of cubic feet, it shall be dis…

(1) This chapter establishes, under the authority of the Washington state department of agriculture (WSDA), requirements for the state of Washington that are reasonably consistent with the uniform rules adopted by the National Conference on Weights and Measures (NCWM) and publish…

Except as otherwise modified in this chapter, WSDA adopts the following national standards:National standard for:Contained in the:(1) The specifications, tolerances, and other technical requirements for the design, manufacture, installation, performance test, and use of weighing …

(1) WSDA adopts the following modifications to the listed sections of the Uniform Regulation for the Method of Sale of Commodities requirements published in NIST Handbook 130, identified in WAC 16-662-105 (3)(b):Modified Section:Modification:Section 2.20.1.Method of Retail SaleMo…

WSDA will inspect packages using either "used dry tare" or "unused dry tare" in accordance with the procedures in NIST Handbook 133 and as defined in Appendix F Glossary. WSDA does not use "wet tare" in inspecting packages.[Statutory Authority: RCW 19.94.190, 19.94.195, 19.112.02…

WSDA uses NIST Handbook 130, Examination Procedure For Price Verification, Section 11.2., Model Enforcement Levels. Overcharges will be used to determine price accuracy for enforcement actions under chapter 19.94 RCW.[Statutory Authority: RCW 19.94.190, 19.112.020, 19.112.140, an…