Title 15 — Title 15 AGRICULTURE AND MARKETING
49 chapters · 1,005 sections in this title.
RCW 15.28.010 Definitions.
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As used in this chapter:(1) "Commission" means the Washington state fruit commission.(2) "Shipment" or "shipped" includes loading in a conveyance to be transported to market for resale, and includes delivery to a processor or processing plant, but does not include movement from t…
RCW 15.28.015 Regulating soft tree fruits—Commission created—Existing comprehensive scheme—Applicable laws.
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The history, economy, culture, and the future of Washington state's agriculture involves the production of soft tree fruits. In order to develop and promote Washington's soft tree fruits as part of an existing comprehensive regulatory scheme the legislature declares:(1) That the …
RCW 15.28.020 Commission composition—Voting—Quorum.
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The commission is composed of seventeen voting members, as follows: Ten producers, four dealers, and two processors, who are appointed as provided in this chapter. The director, or an authorized representative, shall be a voting member of the commission. Other sections of this ch…
RCW 15.28.023 Director appoints members—Nominations—Advisory vote.
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(1) The director shall appoint the members of the commission.(2) Candidates for positions on the commission shall be nominated under RCW 15.28.060.(3) Not less than sixty days nor more than seventy-five days prior to the commencement of a commission member's term, the director sh…
RCW 15.28.024 Transition to director appointed commission.
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To accomplish the transition to a commission structure where the director appoints a majority of commission members, the names of the currently elected commission members shall be forwarded to the director for appointment to the commission within thirty days of May 20, 2003. Ther…
RCW 15.28.030 Qualifications of voting members.
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All voting members must be citizens and residents of this state. Each producer member must be over the age of twenty-five years, and be, and for five years have been, actively engaged in growing soft tree fruits in this state, and deriving a substantial portion of his or her inco…
RCW 15.28.040 Appointment of voting members—Positions.
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Of the producer members, four shall be appointed from the first district and occupy positions one, two, three and four; four shall be appointed from the second district and occupy positions five, six, seven and eight, and two shall be appointed from the third district and occupy …
RCW 15.28.050 Terms of office.
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The regular term of office of the members of the commission shall be three years commencing on May 1, following the date of appointment and until their successors are appointed and qualified, except, however, that the first term of dealer position twelve in the first district sha…
RCW 15.28.055 Terms of present members.
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Present members of the state fruit commission as provided for in RCW 15.28.020 shall serve until the first day of May of the year in which their terms would ordinarily expire and until their successors are elected and qualified.[ 1967 c 191 s 8.]
RCW 15.28.060 Nominating meetings—Notice—Appointment—Ballots—Advisory vote—Eligible voters.
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The director shall call meetings at times and places concurred upon by the director and the commission for the purpose of nominating producer, dealer or processor members for potential appointment to the commission when such members' terms are about to expire. Notice of such meet…
RCW 15.28.070 Establishment of subdistricts—Rules and regulations.
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The commission shall have the authority, subject to the provisions of chapter 34.05 RCW (Administrative Procedure Act), for adopting rules and regulations, after public hearing, establishing one or more subdistricts in any one of the three districts. Such subdistricts shall inclu…
RCW 15.28.080 Vacancies on commission—How filled.
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In the event a position becomes vacant due to resignation, disqualification, death, or for any other reason, such position, until the next annual nominating meeting, shall be filled by vote of the remaining members of the commission. Following the next annual nomination meeting, …
RCW 15.28.090 Compensation of members—Travel expenses.
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Each member of the commission shall be compensated in accordance with RCW 43.03.230 and shall be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter. Employees of the commission may also be reimbursed for actual travel expenses when out o…
RCW 15.28.100 Powers of commission.
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The Washington state fruit commission is hereby declared and created a corporate body. The commission has power:(1) To exercise all of the powers of a corporation;(2) To elect a chair and such other officers as it may deem advisable;(3) To adopt, amend, or repeal, from time to ti…
RCW 15.28.103 Commission's plans, programs, and projects—Director's approval required.
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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 the affec…
RCW 15.28.105 Commission speaks for state—Director's oversight.
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The commission exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges the commission, with oversight by the director, to speak on behalf of Washington state government with regard to its particular commodities.[ 2…
RCW 15.28.110 Duties of commission.
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The commission's duties are:(1) To adopt a commission seal;(2) To elect a secretary-manager and a treasurer, and fix their compensation. The same person may be elected to both offices;(3) To establish classifications of soft tree fruits;(4) To conduct scientific research and deve…
RCW 15.28.120 Copies of records as evidence.
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Copies of the commission's proceedings, records, and acts, when certified by the secretary and authenticated by the corporate seal, shall be admissible in all courts as prima facie evidence of the truth of all statements therein.[ 1961 c 11 s 15.28.120. Prior: 1947 c 73 s 13, par…
RCW 15.28.130 State, personal, nonliability—Obligations limited by collections—Defense to certain civil or criminal actions.
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Neither the state, nor any member, agent, or employee of the commission, is liable for the acts of the commission, or upon its contracts.All salaries, expenses, costs, obligations, and liabilities of the commission, and claims arising from the administration of this chapter, are …
RCW 15.28.140 District advisory and state commodity committees.
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There shall be separate district advisory committees and separate state commodity committees for each of the following soft tree fruits, to wit: Bartlett pears, peaches, apricots, prunes and plums, and cherries. The growers, dealers, or processors of each of the soft tree fruits,…
RCW 15.28.150 Committee organization—Duties.
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Each district advisory committee and each state commodity committee shall select one of its members as chair. Meetings may be called by the chair or by any two members of any committee by giving reasonable written notice of the meeting to each member of such committee. A majority…
RCW 15.28.160 Annual assessment—Exemption—Brined sweet cherries assessable.
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An annual assessment is hereby levied upon all commercial soft tree fruits grown in the state or packed as Washington soft tree fruit of fifty cents per two thousand pounds (net weight) of said fruits, when shipped fresh or delivered to processors, whether in bulk, loose in conta…
RCW 15.28.170 Research and advertising—Power to increase assessment.
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The commission shall investigate the needs of soft tree fruit producers, the condition of the markets, and extent to which the same require advertising and research. If the investigation shows that the revenue from the assessments levied is inadequate to accomplish the objects of…
RCW 15.28.180 Increase of assessment for specific fruit or classification—Procedure.
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(1) The same assessment shall be made for each soft tree fruit, except that if a two-thirds majority of the state commodity committee of any fruit recommends in writing the levy of an additional assessment on that fruit, or any classification thereof, for any year or years, the c…
RCW 15.28.190 Deposit of funds—Treasurer's bond.
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All money collected under the authority of this chapter shall be paid to the treasurer of the commission, deposited by him or her in banks designated by the commission, and disbursed on its order.The treasurer shall file with the commission a fidelity bond, executed by a surety c…
RCW 15.28.200 Use of funds—Contributions.
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All moneys collected from such levy shall be expended exclusively to effectuate the purposes and objects of this chapter. They shall be generally expended on promotion and improvement of the various commodities approximately in the ratio that funds are derived from such commoditi…
RCW 15.28.210 Records kept—Preservation—Inspection of.
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Every dealer, handler, and processor shall keep a complete and accurate record of all soft tree fruits handled, shipped, or processed by him or her. Such record shall be in simple form and contain such information as the commission shall by rule or regulation prescribe. The recor…
RCW 15.28.220 Returns to commission.
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Every dealer, handler, and processor shall at such times as the commission may by rule or regulation require, file with the commission a return under oath on forms to be prescribed and furnished by the commission, stating the quantity of soft tree fruits handled, shipped, or proc…
RCW 15.28.230 Due date of assessments—Delinquent penalty.
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All assessments levied and imposed by this chapter shall be due prior to shipment and shall become delinquent if not paid within thirty days after the time established for such payment according to regulations of the commission. A delinquent penalty shall be payable on any such d…
RCW 15.28.240 Collection rules—Use of "stamps."
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The commission shall by rule or regulation prescribe the method of collection, and for that purpose may require stamps to be known as "Washington state fruit commission stamps" to be purchased from the commission and fixed or attached to the container, invoices, shipping document…
RCW 15.28.250 Responsibility for payment of assessments—Due upon receipt—Delinquencies—Civil action.
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Unless the assessment has been paid by the grower and evidence thereof submitted by him or her, the dealer, handler, or processor is responsible for the payment of all assessments under this chapter on all soft tree fruits handled, shipped, or processed by him or her but he or sh…
RCW 15.28.260 Publications by commission—Subscriptions.
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If the commission publishes a bulletin or other publication, or a section in some established trade publication, for the dissemination of information to the soft tree fruit industry in this state, the first two dollars of any assessment paid annually by each grower, handler, deal…
RCW 15.28.270 Violations—Penalty.
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Every person shall be guilty of a misdemeanor who:(1) Violates or aids in the violation of any provision of this chapter, or(2) Violates or aids in the violation of any rule or regulation of the commission.[ 1961 c 11 s 15.28.270. Prior: 1947 c 73 s 28; Rem. Supp. 1947 s 2909-37.…
RCW 15.28.280 Venue of actions—Jurisdiction of courts.
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Any prosecution brought under this chapter may be instituted or brought in any county in the state in which the defendant or any of the defendants reside, or in which the violation was committed, or in which the defendant or any of the defendants has his or her principal place of…
RCW 15.28.290 Duty to enforce.
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It shall be the duty of all state and county law enforcement officers and all employees and agents of the department to aid in the enforcement of this chapter.[ 1961 c 11 s 15.28.290. Prior: 1947 c 73 s 30; Rem. Supp. 1947 s 2909-39.]
RCW 15.28.300 Rules and regulations—Filing—Publication.
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Every rule, regulation, or order promulgated by the commission shall be filed with the director, and shall be published in a legal newspaper of general circulation in each of the three districts. All such rules, regulations, or orders shall become effective pursuant to the provis…
RCW 15.28.305 Rule making—Exemptions.
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Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310 and the provisions of chapter 19.85 RCW, the regulatory fairness act, when adoption of the rule is determined by a referendum vote of the affected parties.[ 2002 c 313 s 109.]Notes:…
RCW 15.28.310 Authority to agents of commission to inspect.
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Agents of the commission, upon specific written authorization signed by the chair or secretary-manager thereof, shall have the right to inspect the premises, books, records, documents, and all other instruments of any carrier, railroad, truck, boat, grower, handler, dealer, and p…
RCW 15.28.315 Certain records exempt from public disclosure—Exceptions—Actions not prohibited by chapter.
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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 15.28.320 Funding staff support—Rules.
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The director may provide by rule for a method to fund staff support for all commodity boards and commissions in accordance with RCW 43.23.033 if a position is not directly funded by the legislature and costs related to the specific activity undertaken on behalf of an individual c…
RCW 15.28.325 Costs of implementing RCW 15.28.103.
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The costs incurred by the department of agriculture associated with the implementation of RCW 15.28.103 shall be paid for by the commission.[ 2003 c 396 s 23.]Notes:Effective date—2003 c 396: See note following RCW 15.66.030.
RCW 15.28.910 Liberal construction.
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This chapter shall be liberally construed.[ 1961 c 11 s 15.28.910. Prior: 1947 c 73 s 33, part; Rem. Supp. 1947 s 2909-42, part.]