Title 15, AGRICULTURE AND MARKETING

Chapter 34.05 RCW governs the rights, remedies, and procedures respecting the administration of this chapter, including rule making, assessment of civil penalties, emergency actions, and license suspension, revocation, or denial. [ 2000 c 144 s 3.]

(1) The director may enter and inspect the horticultural facilities of a nursery dealer at reasonable times for the purpose of carrying out the provisions of this chapter. (2) If the director is denied access, the director may apply to a court of competent jurisdiction for a sear…

(1) The provisions of this chapter relating to nursery dealer licensing do not apply to: (a) Persons making casual or isolated sales that do not exceed one hundred dollars annually; (b) any garden club, conservation district, or charitable nonprofit association conducting not mor…

(1) No person may act as a nursery dealer without a license for each place of business where horticultural plants are sold except as provided in RCW 15.13.270. Any person applying for such a license must apply through the business licensing system. The application must be accompa…

The director may, with the advice of the nursery advisory committee, establish by rule a surcharge to the fee for a nursery dealer license. The surcharge shall not exceed twenty percent of the license fee and shall be paid at the same time that the license fee is paid. Moneys col…

If any application for renewal of a nursery dealer license is not filed prior to the business license expiration date, the business license delinquency fee must be assessed under chapter 19.02 RCW and must be paid by the applicant before the renewal license is issued. [ 2013 c 14…

Application for a license shall include: (1) The full name of the person applying for the license and if the applicant is an individual, receiver, trustee, firm, partnership, association, or corporation, the full name of each member of the firm or partnership, or the names of the…

(1) An annual assessment shall be levied on the gross sale price of the wholesale market value for all horticultural plants of the genera Chaenomeles, Cydonia, Crataegus, Malus, Prunus, Pyrus, Sorbus, and Vitis produced in Washington, and sold within the state or shipped from the…

(1) Any Christmas tree grower owning Christmas trees, whose business consists solely of retail sales to the ultimate consumer, is exempt from the requirements of this section if: (a) The grower has less than one acre of Christmas trees; or (b) The grower harvests, by u-cut or oth…

Application for a Christmas tree grower license shall include: (1) The full name of the person applying for the license, whether the applicant is an individual, receiver, trustee, firm, partnership, association, or corporation, and if the applicant is a firm or partnership the fu…

(1) An advisory committee is established to advise the director in the administration of the Christmas tree program. (2) When appointing this committee, the director shall consider names submitted by Christmas tree growers and by established Christmas tree grower associations hav…

An advisory committee is established to advise the director in the administration of the grapevine certification and nursery improvement program. (1) The committee consists of two grapevine nursery dealers; three grape growers, at least two of whom grow wine grapes; one winery re…

An advisory committee is hereby established to advise the director in the administration of the fruit tree certification and nursery improvement program. (1) The committee shall consist of five fruit tree nursery dealers and the director or the director's designated appointee. (2…

A nursery advisory committee is hereby established to advise the director in the administration of this chapter. (1) The committee shall consist of not less than four members, representing the interests of licensed nursery dealers and the nursery industry, appointed by the direct…

(1) A late fee of twenty percent of the amount due shall be levied on all delinquent assessments for each license period the assessment is delinquent. (2) The director shall not issue a nursery dealer license or Christmas tree grower license to any applicant who has failed to pay…

The director may issue subpoenas to compel the attendance of witnesses and/or production of books, documents, and records for purposes of investigating compliance with this chapter or for any hearing under this chapter. [ 2000 c 144 s 14; 1971 ex.s. c 33 s 12.]

(1) Any person licensed under the provisions of this chapter may request the services of a department inspector at the licensee's place of business or point of shipment during the shipping season. Subsequent to inspection the inspector shall issue to the licensee a certificate of…

(1) The inspection fees provided for in this chapter shall become due and payable upon billing by the department. (2) A late charge of one and one-half percent per month shall be assessed on the unpaid balance against persons more than thirty days in arrears. (3) In addition to a…

It is unlawful for any person to sell, ship, or transport any horticultural plant or Christmas tree in this state unless it meets standards established in rule for freedom from infestation by plant pests and the other requirements of this chapter. [ 2007 c 335 s 11; 2000 c 144 s …

(1) It is unlawful for any person to ship or deliver any horticultural plant into this state unless it is accompanied by an inspection certificate from the state or country of origin stating that the horticultural plant meets the requirements of this chapter. The director may req…

Each shipment of horticultural plants transported or shipped into the state and/or offered for retail sale within the state shall be legibly marked or tagged in a conspicuous manner. The director may, whenever the director finds that any horticultural plant is not properly marked…

It is unlawful for any person: (1) To falsely claim to be an agent or representative of any nursery dealer in horticultural plants or Christmas tree grower; (2) To sell or distribute horticultural plants by any method which has the capacity and tendency or effect of deceiving any…

No publisher, radio and television broadcast licensee, advertising agency, or agency or medium for the dissemination of an advertisement, except the grower, packer, distributor, or seller of the article to which the advertisement relates, shall be subject to the penalties of RCW …

When the director has cause to believe that any horticultural plants or Christmas trees are damaged or are infested or infected by any plant pest, the director may issue a hold order on such horticultural plants or Christmas trees. A hold order may prescribe conditions under whic…

The director shall condemn any horticultural plants shipped or sold when such horticultural plants are found to be dead, in a dying condition, seriously broken, diseased or infested to the extent that treatment is not practical, damaged, frozen, or abnormally potbound. The direct…

Upon issuance of an order or upon action by the director under RCW 15.13.400, 15.13.410, 15.13.430, or 15.13.440, the consignor of the plant material may request a hearing under chapter 34.05 RCW. [ 2000 c 144 s 24; 1993 c 120 s 16.]

No state court shall allow the recovery of damages from administrative action, hold order, or condemnation order if the court finds there was probable cause for the action. [ 2000 c 144 s 25.]

The director may bring an action to enjoin the violation of any provision of this chapter or any rule adopted under this chapter in the superior court in Thurston county or the county in which the violation occurs, notwithstanding the existence of other remedies at law. [ 2000 c …

(1) The director may apply to the superior court of Thurston county for a prompt hearing on, and the court shall have jurisdiction upon, and for cause shown the court shall, without proof that an adequate remedy at law does not exist, grant an injunction restraining any person fr…

(1) Except as provided in RCW 15.13.285 and in subsections (2), (3), and (4) of this section, all moneys collected under this chapter shall be paid to the director, deposited in an account within the agricultural local fund, and used solely for carrying out this chapter. No appro…

The director may enter into compliance agreements with any person for the purpose of carrying out the provisions of this chapter. [ 2000 c 144 s 29.]

The director may cooperate with and enter into contracts or agreements with governmental agencies of this state and other states, agencies of the federal government, and any other organization in order to carry out the purpose and provisions of this chapter. The director may ente…

Any person who fails to comply with this chapter may be subject to: (1) Denial, revocation, or suspension of the person's nursery dealer license or Christmas tree grower license; and/or (2) A civil penalty in an amount of not more than one thousand dollars for each violation. Eac…

The department shall immediately suspend any license issued under this chapter if the holder of the license has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has c…

Chapter 15.13.900 RCW dispositions HORTICULTURAL PLANTS AND FACILITIES — INSPECTION AND LICENSING Sections 15.13.010 Definitions. [1967 c 240 § 16; 1961 c 221 § 1.] Repealed by 1971 ex.s. c 33 § 30. 15.13.020 Director to enforce chapter — Rules. [1967 c 240 § 17; 1961 c 221 § 2.]…

Chapter 15.13.910 RCW dispositions HORTICULTURAL PLANTS AND FACILITIES — INSPECTION AND LICENSING Sections 15.13.010 Definitions. [1967 c 240 § 16; 1961 c 221 § 1.] Repealed by 1971 ex.s. c 33 § 30. 15.13.020 Director to enforce chapter — Rules. [1967 c 240 § 17; 1961 c 221 § 2.]…

The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy. [ 1971 ex.s. c 33 s 22.]