Title 15 — Title 15 AGRICULTURE AND MARKETING
49 chapters · 1,005 sections in this title.
RCW 15.115.010 Legislative declaration.
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The history, economy, culture, and the future of Washington state to a large degree all involve agriculture. In order to develop and promote Washington's agricultural products as part of the existing comprehensive scheme to regulate agricultural commodities, the legislature decla…
RCW 15.115.020 Regulations and restraints applicable to the wheat and barley industries.
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The wheat and barley industries are highly regulated industries, and this chapter and the rules adopted under it are only one aspect of the regulation of those industries. Other regulations and restraints applicable to the wheat and barley industries include:(1) Chapter 15.04 RCW…
RCW 15.115.030 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Affected area" means the following counties located in the state of Washington: Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kit…
RCW 15.115.040 Washington grain commission—Created—Members—Term of office.
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(1) There is hereby created the Washington grain commission. The commission is composed of five wheat producer members, two barley producer members, two members representing the wheat industry, one member representing the barley industry, and the director or his or her appointee.…
RCW 15.115.050 Initial appointments to the Washington grain commission—Expiration of interim terms.
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(1) The Washington grain commission replaces the Washington wheat commission and the Washington barley commission. To accomplish this transition, the initial appointments to the Washington grain commission are as follows:(a) Within thirty days of July 26, 2009, the Washington whe…
RCW 15.115.060 Producer members of the commission—Appointment—Nomination—Advisory ballot and advisory vote.
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(1) The director shall appoint the producer members of the commission.(2) Candidates for producer positions on the commission must be nominated to the director in accordance with this section.(3)(a) The director shall mail nominating petitions for producer members not earlier tha…
RCW 15.115.070 Industry representative member of the commission—Appointment.
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(1) The director shall appoint the industry representative members of the commission.(2) Not later than November 1st preceding the expiration of an industry representative member's term of office, the commission shall, by majority vote of a quorum of the commission, select a qual…
RCW 15.115.080 Vacancy on the commission.
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In the event of a vacancy on the commission, the remaining members shall recommend to the director the name of a person qualified for appointment to the vacant position. The director may appoint that person for the position or may reject the candidate and request that the commiss…
RCW 15.115.090 Removal of a commission member.
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If a commission member fails or refuses to perform his or her duties due to excessive absence or abandonment of his or her position or engages in any acts of dishonesty or willful misconduct, a majority of a quorum of the commission may recommend in writing to the director that t…
RCW 15.115.100 Membership in associations with similar objectives—Contracting with such associations.
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(1) Any member of the commission also may be a member or officer of an association which has similar objectives for which the agricultural commission was formed.(2) An agricultural commission also may contract with such an association for services necessary to carry out any purpo…
RCW 15.115.110 Meetings—Proposed budget—Notice—Voting requirements.
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(1) The commission shall hold regular meetings, at least quarterly, with the time, date, and place to be determined prior to the new calendar year and published in the state register as required in RCW 42.30.075.(2) The commission may call special meetings as provided for in RCW …
RCW 15.115.120 Quorum requirements—Compensation—Travel expenses.
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(1) A majority of the voting members constitute a quorum for the transaction of all business and for carrying out the duties of the commission.(2) A member of the commission shall not receive any salary or other compensation from the commission, except that each member of the com…
RCW 15.115.130 Transfer of powers, duties, assets, etc., to the Washington grain commission.
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(1) The Washington grain commission is the successor in interest to the Washington wheat commission and the Washington barley commission and is vested with all powers and duties transferred to it under this chapter and other such powers and duties as may be authorized by law.(2) …
RCW 15.115.140 Powers and duties.
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(1) The commission is an agency of the Washington state government subject to oversight by the director. In exercising its powers and duties, the commission shall carry out the following purposes:(a) To establish plans and conduct programs for advertising and sales promotion, to …
RCW 15.115.150 Director's duties.
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(1) The commission shall develop and submit to the director for approval any plans, programs, and projects concerning the following:(a) The establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising and promotion of wheat and…
RCW 15.115.160 Rule-making proceedings.
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(1) Except as provided in subsection (2) of this section, all rule-making proceedings conducted under this chapter must be in accordance with chapter 34.05 RCW.(2) Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310 and 43.135.055 an…
RCW 15.115.170 Liquor produced from wheat or barley.
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(1) The commission may receive donations of liquor produced from wheat or barley grown in Washington and may use the liquor for the promotional purposes specified in subsection (2) of this section.(2) The commission may engage directly or indirectly in the promotion of liquor pro…
RCW 15.115.180 Promotional printing and literature—Contracts.
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(1) The restrictive provisions of chapter 43.19 RCW do not apply to promotional printing and literature for the commission.(2) All promotional printing contracts entered into by the commission must be executed and performed under conditions of employment that substantially confor…
RCW 15.115.190 Handling, accounting, and disbursement of moneys.
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(1) All money received by the commission from the assessment levied under this chapter and all moneys transferred to the commission under RCW 15.115.130(2) must be deposited in the banks designated by the commission and disbursed by order of the commission. RCW 43.01.050 does not…
RCW 15.115.200 Bond requirements.
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Unless covered by a blanket bond covering officials or employees of the state of Washington, every administrator, employee, or other person occupying a position of trust for the commission and every commission member actually handling or drawing upon funds shall give a bond in th…
RCW 15.115.210 Limitation of liability.
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(1) Obligations incurred by the commission and any other liabilities or claims against the commission are enforceable only against the assets of the commission and, except to the extent of those assets, liability for the debts or actions of the commission does not exist against e…
RCW 15.115.220 Copies of proceedings, records, and acts of the commission admissible in court as prima facie evidence of the truth of the statements contained therein.
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Copies of the proceedings, records, and acts of the commission, when certified by the chair, are admissible in any court as prima facie evidence of the truth of the statements contained therein.[ 2009 c 33 s 23.]
RCW 15.115.230 Application of RCW 42.56.380—Use of commercial information and records.
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(1) Under RCW 42.56.380, certain agricultural business records, commission records, and department of agriculture records relating to the commission and producers of agricultural commodities are exempt from public disclosure.(2) Financial and commercial information and records su…
RCW 15.115.240 Commission shall reimburse department for certain costs—Funding of staff support.
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(1) The commission shall reimburse the department for all costs incurred by the department for actions necessary to carry out this chapter, including the adoption of rules, facilitating or conducting nominations or advisory votes, and the review and approval required under RCW 15…
RCW 15.115.250 Preparation of lists of producers and handlers of wheat and barley.
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(1) The commission shall prepare a list of all producers of wheat and a list of all producers of barley, which must include for each producer his or her name and address and the amount, by unit, of wheat or barley produced during the past three years.(2) The commission shall prep…
RCW 15.115.260 Annual assessments—Adjustments—Referendum—Temporary reduction—Limit on annual assessment.
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(1)(a) The initial annual assessments are the amounts most recently approved by referendum by wheat producers and barley producers and effective at the time the grain commission is established:(i) The initial annual assessment on wheat is three-fourths of one percent of the net r…
RCW 15.115.270 Collection of assessment—Failure to pay assessment—Civil action—Venue.
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(1) The collection of the assessment made and levied by the commission must be paid by the producer upon all commercial quantities of wheat and all commercial quantities of barley sold, processed, stored, or delivered for sale, processing, or storage by the producer. However, an …
RCW 15.115.280 Use of moneys received by the commission under this chapter.
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(1) All moneys collected or otherwise received by the commission under this chapter must be used solely by and for the commission and may not be used for any other commission or the department, except as otherwise provided in this chapter. These moneys must be deposited in accoun…
RCW 15.115.290 Investment of funds of the commission.
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(1) Any funds of the commission may be invested in savings or time deposits in banks, trust companies, and mutual savings banks that are doing business in the United States, up to the amount of insurance afforded those accounts by the federal deposit insurance corporation.(2) Thi…
RCW 15.115.300 Proof of eligibility to vote or hold a position on the commission—Records—Inspection by commission—Confidentiality of information—Limitation of section.
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(1) To prove eligibility to vote or hold a position on the commission, each producer must show records of sales of commercial quantities of wheat or barley sold within the past three years if requested by the commission.(2) Each handler shall keep a complete and accurate record o…
RCW 15.115.310 Penalties—Injunctions—Referring a violation to the county prosecutor—Jurisdiction.
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(1) It is a misdemeanor for any person willfully to:(a) Violate or aid in the violation of this chapter or rules adopted under this chapter;(b) Submit a false or fraudulent report, statement, or record required by the director or the commission under this chapter or rules adopted…