Title 15 — Title 15 AGRICULTURE AND MARKETING

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Commission" means the Washington state dairy products commission.(2) "Current level of assessment" means the level of assessment paid by the producer as set by the com…

The history, economy, culture, and the future of Washington state's agriculture involves the dairy industry. In order to develop and promote Washington's dairy products as part of an existing comprehensive scheme to regulate those products the legislature declares:(1) That the Wa…

The commission shall be composed of producers and at least one dealer. The director shall be a voting member of the commission.As used in this chapter, "director" means the director of agriculture or his or her authorized representative.[ 2012 c 107 s 2; 2008 c 12 s 1; 2003 c 396…

(1) The director shall appoint the members of the commission.(2) Candidates for producer member positions on the commission shall be nominated under RCW 15.44.033. The director may select a nominated candidate for a position or may reject all candidates.(3) If two candidates are …

(1) To accomplish the transition to the newly defined districts and areas as described in RCW 15.44.027, the initial producer appointments are as follows:(a) The current incumbent representing district one must be appointed to the new district four position with an expiration dat…

Any board member of the commission may be a member or officer of an association that has the same objectives for which the commission was formed. The commission may contract with the association for services necessary to carry out any purposes authorized under this chapter if an …

(1) One producer member of the commission must be appointed from each of the following districts or areas:(a) District one, which includes the counties of Whatcom, Skagit, Snohomish, San Juan, Island, and that portion of King county located north of Interstate 90;(b) District two…

Each of the producer members of the commission shall:(1) Be a citizen and resident of this state and the district or area which he or she represents; and(2) Be and for the five years last preceding his or her election have been actually engaged as an owner or shareholder in produ…

(1) Except as provided in this section for initial appointments after redistricting or boundary modification, the term of office of each producer member of the commission shall be three years. Commission members shall continue to serve their terms until new appointments are made.…

(1) Producer members of the commission shall be nominated by producers within the district or area that such producer members represent.(2) Nomination for candidates to be appointed to the commission shall be conducted by mail by the director. Such nomination forms shall be maile…

(1) The commission shall prior to each advisory vote, in sufficient time to satisfy the requirements of RCW 15.44.033, furnish the director with a list of all producers within the district or area for which the advisory vote is being held. The commission shall require each dealer…

(1) A majority of the commission members shall constitute a quorum for the transaction of all business and the performance of all duties of the commission.(2) Each member shall be compensated in accordance with RCW 43.03.230. Each member or employee shall be reimbursed for actual…

Copies of the proceedings, records and acts of the commission, when certified by the secretary, shall be admissible in any court and be prima facie evidence of the truth of the statements therein contained.[ 1961 c 11 s 15.44.040. Prior: 1959 c 163 s 9; prior: 1939 c 219 s 4, par…

The commission shall elect a manager, who is not a member, and fix his or her compensation; and shall appoint a secretary-treasurer, who shall sign all vouchers and receipts for all moneys received by the commission. The treasurer shall file with the commission a fidelity bond in…

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, the commission may recommend to the director that the commission member be removed from …

The commission shall have the power and duty to:(1) Elect a chair and such other officers as it deems advisable, and adopt, rescind, and amend rules, regulations, and orders for the exercise of its powers, which shall have the effect of law when not inconsistent with existing law…

(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, promotion, and education …

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…

(1) The commission shall reimburse the director for necessary costs for services conducted on behalf of the commission under this chapter.(2) The commission may enter into an agreement with the director to administer this chapter or chapter 34.05 RCW.[ 2002 c 313 s 91.]Notes:Effe…

The commission may establish foundations using commission funds as grant money when the foundation benefits the dairy products industry. Commission funds may only be used for the purposes authorized in this chapter.[ 2002 c 313 s 100.]Notes:Effective dates—2002 c 313: See note fo…

(1) Every rule or order made by the commission shall be filed with the director and published in two legal newspapers, one east and one west of the Cascade mountains, within ten days after it is adopted, and is effective as set forth under RCW 34.05.380.(2) Rule-making proceeding…

(1) There is hereby levied upon all milk produced in this state an assessment of:(a) 0.75 percent of class I price for 3.5 percent butter fat milk as established in any market area by a market order in effect in that area or by the state department of agriculture in case there is…

There is hereby levied on every hundredweight of class I or class II milk, as defined in RCW 15.44.087, sold by a dealer, including any milk sold by a producer who acts as a dealer, an assessment of:(1) Five-eighths of one cent per hundredweight. Such assessment shall be in addit…

For the purpose of RCW 15.44.085, class I and class II milk sold means milk from cows produced by a producer as defined in RCW 15.44.010 and utilized as follows:(1) Class I milk shall be all skim milk and butterfat:(a) Sold in the form of fluid milk product subject to the followi…

All assessments shall be collected by the first dealer and deducted from the amount due the producer, and all moneys so collected shall be paid to the treasurer of the commission on or before the twentieth day of the succeeding month for the previous month's collections, and depo…

Each dealer or shipper shall keep a complete and accurate record of all milk or cream handled by him or her. The record shall be in such form and contain such information as the commission shall prescribe, and shall be preserved for a period of two years, and be submitted for ins…

(1) Each dealer and shipper shall at such times as by rule required file with the commission a return under oath on forms to be furnished by the commission, stating the quantity of dairy products handled, processed, manufactured, delivered, and shipped, and the quantity of all mi…

(1) In order to adequately advertise and market Washington dairy products in the domestic, national and foreign markets, and to make such advertising and marketing research and development as extensive as public interest and necessity require, and to put into force and effect the…

The commission is authorized to adopt rules governing promotional hosting expenditures by commission employees, agents, or board members under RCW 15.04.200.[ 2002 c 313 s 99.]Notes:Effective dates—2002 c 313: See note following RCW 15.65.020.

(1) The commission through its agents may inspect the premises and records of any carrier, handler, dealer, manufacturer, processor, or distributor of dairy products for the purpose of enforcing this chapter.(2) The commission has the authority to issue subpoenas for the producti…

Any action by the commission administrator, member, employee, or agent thereof pertaining to the performance or nonperformance or misperformance of any matters or things authorized, required, or permitted by this chapter, and any other liabilities, debts, or claims against the co…

All state and county law enforcement officers and all employees and agents of the department shall enforce this chapter.[ 1961 c 11 s 15.44.160. Prior: 1939 c 219 s 16; RRS s 6266-16.]

Whoever violates or aids in the violation of the provisions of this chapter shall be guilty of a gross misdemeanor.[ 1961 c 11 s 15.44.170. Prior: 1939 c 219 s 14; RRS s 6266-14.]

The superior courts are hereby vested with jurisdiction to enforce this chapter and to prevent and restrain violations thereof.[ 1961 c 11 s 15.44.180. Prior: 1939 c 219 s 15; RRS s 6266-15.]

(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…

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…

The costs incurred by the department of agriculture associated with the implementation of RCW 15.44.061 shall be paid for by the commission.[ 2003 c 396 s 31.]Notes:Effective date—2003 c 396: See note following RCW 15.66.030.

This chapter shall be liberally construed.[ 1961 c 11 s 15.44.910. Prior: 1939 c 219 s 17, part; RRS s 6266-17, part.]