Title 15 — Title 15 AGRICULTURE AND MARKETING
49 chapters · 1,005 sections in this title.
RCW 15.35.010 Short title.
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This chapter may be known and cited as the Washington state milk pooling act to provide for equitable pricing and pooling among producers and processors of milk and milk products.[ 1993 c 345 s 1; 1971 ex.s. c 230 s 1.]
RCW 15.35.030 Declaration of public interest.
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It is hereby declared that:(1) Milk is a necessary article of food for human consumption;(2) The production, distribution, and maintenance of an adequate supply of healthful milk of proper chemical and physical content, free from contamination, is vital to the public health and w…
RCW 15.35.060 Purposes.
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The purposes of this chapter are to:(1) Authorize and enable the director to prescribe marketing areas and to establish pricing and pooling arrangements which are necessary to prevent disorderly marketing of milk due to varying factors of costs of production, health regulations, …
RCW 15.35.070 Powers conferred to be liberally construed—Monopoly—Price setting.
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It is the intent of the legislature that the powers conferred in this chapter shall be liberally construed. Nothing in this chapter shall be construed as permitting or authorizing the development of conditions of monopoly in the production or distribution of milk, nor shall this …
RCW 15.35.080 Definitions.
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For the purposes of this chapter:(1) "Department" means the department of agriculture of the state of Washington;(2) "Director" means the director of the department or the director's duly appointed representative;(3) "Person" means a natural person, individual, firm, partnership,…
RCW 15.35.090 Milk control between states.
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(1) The director shall in carrying out the provisions of this chapter and any marketing plan thereunder confer with the legally constituted authorities of other states of the United States, and the United States department of agriculture, for the purpose of seeking uniformity of …
RCW 15.35.100 Director's authority—Subpoena power—Rules.
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Subject to the provisions of this chapter, the director is hereby vested with the authority:(1) To investigate all matters pertaining to the production, processing, storage, transportation, and distribution of milk and milk products in the state, and shall have the authority to:(…
RCW 15.35.105 Minimum milk price—Competition from outside the marketing area.
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(1) In establishing a minimum milk price or a formula to determine a minimum milk price, as provided under RCW 15.35.060 and 15.35.100, the director shall, in addition to other appropriate criteria, consider the:(a) Cost of producing fluid milk for human consumption;(b) Transport…
RCW 15.35.110 Referendum on establishing or discontinuing market area pooling arrangement.
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(1) The director, either upon his or her own motion or upon petition by ten percent of the producers in any proposed area, shall conduct a hearing to determine whether to establish or discontinue a market area pooling arrangement. Upon determination by the director that in order …
RCW 15.35.115 Referendum on establishing or discontinuing market area pooling arrangement—Producer-dealers.
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(1) Not less than sixty days before a referendum creating a market area and pooling plan with quotas is to be conducted under RCW 15.35.110, the director shall notify each producer-dealer regarding the referendum. Any producer-dealer may choose to vote on the referendum and each …
RCW 15.35.120 Qualifications for producers to sign petitions or vote in referendums.
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(1) The producers qualified to sign a petition, or to vote in any referendum concerning a market pool, shall be all those producers shipping milk to the market area on a regular supply basis and who would or do receive or pay equalization in an existing market pool in a market ar…
RCW 15.35.130 Form of producer petitions.
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Petitions filed with the director by producers shall:(1) Consist of one or more pages, each of which is dated at the bottom. The date shall be inserted on each sheet prior to, or at the time the first signature is obtained on each sheet. The director shall not accept a sheet on w…
RCW 15.35.140 Director to establish systems within market areas.
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(1) The director shall establish a system of classifying, pricing, and pooling of all milk used in each market area established under RCW 15.35.110.(2) Thereafter the director may establish a system in each market area for the equalization of returns for all quota milk and all su…
RCW 15.35.150 Determination of quota.
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(1) Under a market pool and as used in this section, "quota" means a producer's or producer-dealer's portion of the total sales of milk in a market area in fluid form or, in the director's discretion, in other forms.(2) The director may in each market area subject to a market pla…
RCW 15.35.160 Contracts, rights and powers of associations not affected.
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No provision of this chapter shall be deemed or construed to:(1) Affect or impair the contracts of any such cooperative association with its members or other producers marketing their milk through such corporation;(2) Impair or affect any contract which any such cooperative assoc…
RCW 15.35.170 Quotas—Transfer of—Limitations.
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Quotas provided for in this chapter may not in any way be transferred without the consent of the director. Regulations regarding transfer of quotas shall be determined by the department after due notice and the opportunity for a hearing as provided in chapter 34.05 RCW. Any contr…
RCW 15.35.180 Records of milk dealers and cooperatives, inspection and audit of.
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The director shall examine and audit not less than one time each year or at any other such time the director considers necessary, the books and records, and may photostat such books, records, and accounts of milk dealers and cooperatives licensed or believed subject to license un…
RCW 15.35.190 Records necessary for milk dealers.
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All milk dealers subject to the provisions of this chapter shall keep the records as deemed necessary by the director.[ 1971 ex.s. c 230 s 19.]
RCW 15.35.200 Verified reports of milk dealers.
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Each milk dealer subject to the provisions of this chapter shall from time to time, as required by rule of the director, make and file a verified report, on forms prescribed by the director, of all matters on account for which a record is required to be kept, together with such o…
RCW 15.35.210 Milk dealer license—Required.
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It shall be unlawful for any milk dealer subject to the provisions of a marketing plan to handle milk subject to the provisions of such marketing plan without first obtaining an annual license from the director for each separate place of business where such milk is received or so…
RCW 15.35.220 Milk dealer license—Application for—Contents.
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Application for a license to act as a milk dealer shall be on a form prescribed by the director and shall contain, but not be limited to, the following:(1) The nature of the business to be conducted;(2) The full name and address of the person applying for the license if an indivi…
RCW 15.35.230 Milk dealer license—Fees—Additional assessment for late renewal.
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(1) Application for each milk dealer's license shall be accompanied by an annual license fee to be established by the director by rule.(2) If an application for the renewal of a milk dealer's license is not filed on or before the first day of an annual licensing period a late fee…
RCW 15.35.240 Milk dealer license—Denial, suspension, or revocation of—Grounds.
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The director may deny, suspend, or revoke a license upon due notice and an opportunity for a hearing as provided in chapter 34.05 RCW concerning adjudicative proceedings, or rules adopted thereunder by the director, when he or she is satisfied by a preponderance of the evidence o…
RCW 15.35.250 Marketing assessment on producers—Additional assessment for milk testing—Penalty—Court action.
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(1) There is hereby levied upon all milk sold or received in any marketing area subject to a marketing plan established under the provisions of this chapter an assessment, not to exceed five cents per one hundred pounds of all such milk, to be paid by the producer of such milk. S…
RCW 15.35.260 Records and reports of licensees for assessment purposes.
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Each licensee, in addition to other records required under the provisions of this chapter, shall keep such records and make such reports as the director may require for the purpose of computing payments of assessments by such licensee.[ 1971 ex.s. c 230 s 26.]
RCW 15.35.270 Assessment due date.
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All assessments on milk subject to the provisions of this chapter and a marketing order shall be paid to the director on or before the twentieth day of the succeeding month for the milk which was received or handled in the previous month.[ 1971 ex.s. c 230 s 27.]
RCW 15.35.280 Separate account for each marketing plan—Deductions for departmental costs.
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The director shall establish a separate account for each marketing plan established under the provisions of this chapter, and all license fees and assessments collected under any such marketing plan shall be deposited in its separate account to be used only for the purpose of car…
RCW 15.35.290 Court actions to implement.
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In addition to any other remedy provided by law, the director in the name of the state shall have the right to sue in any court of competent jurisdiction for the recovery of any moneys due it from any persons subject to the provisions of this chapter and shall also have the right…
RCW 15.35.300 General penalty—Misdemeanor—Exception.
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Any violation of this chapter and/or rules and regulations adopted thereunder shall constitute a misdemeanor: PROVIDED, That this section shall not apply to retail purchasers who purchase milk for domestic consumption.[ 1971 ex.s. c 230 s 30.]
RCW 15.35.310 Certain producer-dealers exempt.
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(1) Except as provided in RCW 15.35.115, the provisions of this chapter shall not apply to persons designated as producer-dealers, except that:(a) The director may require pursuant to RCW 15.35.100 any information deemed necessary to verify a producer-dealer's status as a produce…