Washington Administrative Code

(1) After the application of any pesticide to an area of outdoor production, the agricultural employer must not allow or direct any worker to enter or to remain in the treated area before the restricted-entry interval specified on the pesticide product labeling has expired and al…

(1) General requirement. The agricultural employer must notify workers of all entry restrictions required in WAC 16-233-111 and 16-233-116 in accordance with this section.(a) Type of notification required:(i) Double notification. If the pesticide product labeling has a statement …

(1) Requirement. The agricultural employer must provide decontamination supplies for routine washing and emergency decontamination in accordance with this section for any worker on an agricultural establishment who is performing an activity in an area where a pesticide was applie…

(1) General requirement. Before any handler performs any handler activity involving a pesticide product, the handler employer must ensure that the handler has been trained in accordance with this section within the last 12 months, except as provided in subsection (2) of this sect…

(1) Knowledge of labeling and application-specific information.(a) The handler employer must ensure that before any handler performs any handler activity involving a pesticide product, the handler either has read the portions of the labeling applicable to the safe use of the pest…

(1) Prohibition from contacting workers and other persons with pesticides during application. The handler employer and the handler must ensure that no pesticide is applied so as to contact, directly or through drift, any worker or other person, other than an appropriately trained…

(1) Handler responsibilities. Any person who performs handler activities involving a pesticide product must use the clothing and personal protective equipment specified on the pesticide product labeling for use of the product, except as provided in WAC 16-233-316.(2) Employer res…

(1) Requirement. The handler employer must provide decontamination and eye flushing supplies in accordance with this section for any handler that is performing any handler activity or removing personal protective equipment at the place for changing required in WAC 16-233-216 (4)(…

(1) Exemption for owners of agricultural establishments and their immediate families.(a) On any agricultural establishment where a majority of the establishment is owned by one or more members of the same immediate family, the owner(s) of the establishment (and, where specified i…

An agricultural employer may direct workers to enter treated areas where a restricted-entry interval is in effect to perform certain activities as provided in this section, provided that the agricultural employer ensures all of the applicable conditions of this section and WAC 16…

If an agricultural employer directs a worker to perform activities in a treated area where a restricted-entry interval is in effect, all of the following requirements must be met:(1) The agricultural employer must ensure that the worker is at least 18 years old.(2) Prior to early…

(1) Body protection.(a) A chemical-resistant suit may be substituted for coveralls. If a chemical-resistant suit is substituted for coveralls, any labeling requirement for an additional layer of clothing beneath the coveralls is waived.(b) A chemical-resistant suit may be substit…

These rules are promulgated under RCW 43.21C.120 (the State Environmental Policy Act) and chapter 197-11 WAC (SEPA rules).[Statutory Authority: Chapter 43.21C RCW. WSR 84-24-033 (Order 1843), § 16-236-010, filed 11/30/84.]

The department of agriculture adopts the following sections of chapter 197-11 WAC by reference:WAC 197-11-020Purpose. 197-11-040Definitions. 197-11-050Lead agency. 197-11-055Timing of the SEPA process. 197-11-060Content of environmental review. 197-11-070Limitations on actions du…

(1) This chapter implements the statewide rules in chapter 197-11 WAC as they apply to the department of agriculture.(2) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the department to use all practical means, consistent with o…

"Department" means department of agriculture unless otherwise indicated.[Statutory Authority: Chapter 43.21C RCW. WSR 84-24-033 (Order 1843), § 16-236-040, filed 11/30/84.]

Within the department of agriculture the ultimate responsible official is the director. The responsible official for a specific proposal shall be the assistant to the director in charge of environmental affairs or their designee.[Statutory Authority: RCW 43.21C.120 and 43.01.160.…

(1) Preparation of draft and final EISs and SEISs is the responsibility of the assistant to the director in charge of environmental affairs or their designee. The responsible official shall be satisfied that all EISs and SEISs issued by the department are in compliance with these…

During threshold determination and in determining whether a proposal is exempt from SEPA, the department shall give all due consideration to "environmentally sensitive area" designations made by local governments under WAC 197-11-908.[Statutory Authority: Chapter 43.21C RCW. WSR …

During threshold determination and in determining whether a proposal is exempt from SEPA, the department shall respect threshold levels adopted by local governments under WAC 197-11-800.[Statutory Authority: Chapter 43.21C RCW. WSR 84-24-033 (Order 1843), § 16-236-080, filed 11/3…

When the department considers actions which also involve federal actions, it shall coordinate the two governmental processes so that only one EIS, or other environmental document, need be prepared for that proposal.[Statutory Authority: Chapter 43.21C RCW. WSR 84-24-033 (Order 18…

(1) When these rules require notice of environmental document preparation or availability, as a lead agency and taking into consideration the geographic area affected by the proposal, the size and complexity of the proposal, the public notice requirements for the permit or approv…

(1) The department, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080.(2) The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the department, applicant, or proponen…

(1) The policies and goals in this section are supplementary to existing authorities of the department.(2) It is the policy of the department to avoid or mitigate adverse environmental impacts which may result from the department's decisions.(3) The department shall ensure that p…

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.[Statutory Authority: Chapter 43.21C RCW. WSR 84-24-033 (…

(1) "Permanent enclosed storage space" means that it has a foundation and both rigid walls and roof.(2) "Warehouse operator" means the same as "warehouseman" which is defined in chapter 22.09 RCW.[Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, § 16-237-010, filed 10/13/00…

Commodities covered under chapter 22.09 RCW in respect to storage and/or merchandising shall include wheat, barley, oats, field corn, popcorn, rye, triticale, grain sorghum, soybeans, sunflowers, flax, buckwheat, canola, rapeseed, safflower, millet, mustard, dry peas, dry beans, …

The grades and standards established by the United States Department of Agriculture as of August 1, 1984, for all grains and commodities included within the provisions of this chapter are hereby adopted. In addition, the procedures to sample, grade, test and weigh grains and comm…

(1) A bond of not less than fifty thousand dollars nor more than seven hundred fifty thousand dollars shall be required for each warehouse operator and dealer licensed pursuant to chapter 22.09 RCW, the Washington Warehouse Act. The bond amount shall be computed at the rate of ei…

A certificate of deposit, irrevocable letter of credit or assignment on a life insurance policy issued to the department in lieu of a bond shall not be released, canceled or discharged until three years after cancellation of the license unless the department determines that no ou…

A warehouse operator must maintain an allowable net worth of twenty cents per bushel of licensed space, with a minimum of twenty-five thousand dollars. A dealer must maintain an allowable net worth of four percent of sales of commodities purchased from producers, with a minimum o…

Each warehouse operator and dealer shall submit to the department an annual financial statement which shall have been audited or reviewed by a certified or licensed public accountant. The statement must be submitted to the department within four months after the conclusion of the…

Each warehouse operator shall maintain the following records at a location required by RCW 22.09.340:(1) A printed daily position record showing by commodity:(a) The amount received.(b) The amount shipped.(c) Adjustments.(d) The amount forwarded to other locations.(e) The amount …

Each dealer shall maintain the following records at a location as required by RCW 22.09.340:(1) Contracts. Contracts issued to producers must:(a) Be serially numbered.(b) Clearly indicate the date title passes.(c) Show the net price due the producer or charges to be deducted from…

Warehouse operators storing treated seed for depositors must maintain, at a minimum, a separate daily position record by class for treated seed that shows the amount in pounds, bushels, or hundred weights owed to depositors.[Statutory Authority: RCW 22.09.020(13). WSR 00-21-043, …

Warehouse operators and dealers who receive commodities for storage, handling, or conditioning shall post conspicuously a schedule of all charges, moisture adjustment factors, and disposition and/or ownership of all by-products. A copy of all charges assessed and billed to each d…

All scales used by warehouse operators and dealers must be certified for accuracy annually. Scale testing for certification may be performed by the department or by an approved scale company. When scales are tested by the department a seal shall be placed on the scales. The seal …

Prior to allocating storage space, each warehouse operator shall file a policy statement with the department of agriculture setting forth the criteria that identifies a person as a historical depositor as defined in RCW 22.09.010. Any subsequent changes in this policy shall be fi…

If the director determines that an emergency storage situation exists, a warehouse operator may forward warehouse receipted grain to other licensed warehouses for storage without canceling the depositor's warehouse receipt under the following conditions:(1) The warehouse operator…

(1) Grain may be stored outside the warehouse operator's permanent enclosed storage space only under the following conditions:(a) The warehouse operator has insufficient permanent enclosed storage space to handle commodities for the current license year.(b) Outside storage shall …

(1) Warehouse licenses issued under RCW 22.09.070 shall expire on June 30th after the date of issuance.(2) If the application for renewal of a warehouse license(s) is not received by the department prior to June 30th of any year a penalty shall be assessed as provided by RCW 22.0…

(1) Grain dealer license issued under RCW 22.09.075 shall expire on June 30th after the date of issuance.(2) If the application for renewal of a grain dealer license is not received by the department prior to June 30th of any year, a penalty shall be assessed as provided by RCW 2…

A warehouse not licensed prior to July 1, 1983, must meet the following requirements:(1) Tanks and stices over two hundred bushels per foot must have inventory holes situated in such a manner as to allow the measurement of the high and low points of the commodity.(2) Conventional…

The following fees apply to the following services:(1) For year-end inventories requested by a warehouse operator, the department charges twenty percent of the warehouse license fee with a minimum fee of four hundred dollars.(2)(a) The hourly rate for all other services performed…

The department of agriculture will allow warehouse operators to have their negotiable warehouse receipts printed by a private printer only when the state printer cannot supply said receipts within a reasonable time in the form requested and at a competitive price as determined by…

Warehouse operators who require receipts as set forth in WAC 16-234-010 shall apply to the director and furnish the following:(1) A bond for one thousand dollars as provided for in RCW 22.09.300.(2) Complete the department's "requisition for negotiable warehouse receipts" form, a…

Upon receipt of a completed "requisition for negotiable warehouse receipts" form, the private printer shall print the authorized negotiable warehouse receipts, and upon completion of printing notify the department, by use of the "affidavit of printer" form, the number of negotiab…