Title 15 — Title 15 AGRICULTURE AND MARKETING
49 chapters · 1,005 sections in this title.
RCW 15.65.010 Short title.
0.1K chars
This chapter shall be known and may be cited as the Washington state agricultural enabling act.[ 1961 c 256 s 1.]
RCW 15.65.020 Definitions.
11.2K chars
The following terms are hereby defined:(1) "Affected commodity" means that part or portion of any agricultural commodity which is covered by or forms the subject matter of any marketing agreement or order or proposal, and includes all affected units thereof as herein defined and …
RCW 15.65.028 Regulating agricultural commodities—Existing comprehensive scheme.
3.0K chars
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 15.65.033 Regulating agricultural commodities—Laws applicable.
2.0K chars
This chapter and the rules adopted under it are only one aspect of the comprehensively regulated agricultural industry.(1) Other laws applicable to agricultural commodities include the following chapters and the rules adopted thereunder:Chapter 15.08 RCW Horticultural pests and d…
RCW 15.65.040 Establishing a commodity board—Marketing order—Purposes.
2.4K chars
The director may adopt a marketing order that establishes a commodity board under this chapter for any of the following purposes:(1) To aid agricultural producers in preventing economic waste in the marketing of their agricultural commodities and in developing more efficient meth…
RCW 15.65.043 Board may establish foundation.
0.3K chars
A commodity board may establish a foundation using commission funds as grant money when the foundation benefits the commodity for which the board was established. Commission funds may be used for the purposes authorized in the marketing order.[ 2001 c 315 s 7.]
RCW 15.65.047 Director's duties and responsibilities—Amendments to marketing orders or agreements without a referendum—Rules.
2.1K chars
(1) The director may adopt rules necessary to carry out the director's duties and responsibilities under this chapter including:(a) The issuance, amendment, or termination of marketing orders or agreements;(b) Procedural, technical, or administrative rules which may address and i…
RCW 15.65.050 Director to enforce and administer chapter—Marketing agreements, orders issued, amended, notice, grounds for amendments.
1.8K chars
The director shall administer and enforce this chapter and it shall be his or her duty to carry out its provisions and put them into force in accordance with its terms, but issuance, amendment, modification, and/or suspension of marketing agreements and orders and of any terms or…
RCW 15.65.060 Form, filing of marketing agreement, order, amendment, and other proceedings.
0.6K chars
The director shall cause any marketing agreement, order proposed for issuance, or amendment to be set out in detailed form and reduced to writing, which writing is herein designated "proposal." The director shall make and maintain on file in the office of the department a copy of…
RCW 15.65.070 Notice of hearing on proposal—Publication—Contents.
1.2K chars
The director shall publish notice of any hearing called for the purpose of considering and acting upon any proposal for a period of not less than two days in one or more newspapers of general circulation as the director may prescribe. No such public hearing shall be held prior to…
RCW 15.65.090 Subpoenas—Compelling attendance of witnesses, fees—Immunity of witnesses.
2.9K chars
The director shall have the power to issue subpoenas for the production of any books, records, or documents of any kind and to subpoena witnesses to be produced or to appear (as the case may be) in the county wherein the principal party involved in such hearing resides. No person…
RCW 15.65.100 Director's findings and recommended decision, delivery of copies—Taking official notice of facts from other agencies.
0.9K chars
The director shall make and publish findings based upon the facts, testimony, and evidence received at the public hearings together with any other relevant facts available to him or her from official publications of the United States or any state thereof or any institution of rec…
RCW 15.65.110 Filing objections to recommended decision—Final decision—Waiver.
0.7K chars
After the issuance of a recommended decision all interested parties shall have a period of not less than ten days to file objections or exceptions with the director. Thereafter the director shall take such objections and exceptions as are filed into consideration and shall issue …
RCW 15.65.120 Contents and scope of recommended and final decision—Delivery of copies.
1.3K chars
The recommended decision shall contain the text in full of any recommended agreement, order, or amendment, and may deny or approve the proposal in its entirety, or it may recommend a marketing agreement, order, or amendment containing other or different terms or conditions from t…
RCW 15.65.130 Agreements binding only on those who assent in writing—Agreement not effective until sufficient signatories to effectuate chapter—When effective.
1.5K chars
With respect to marketing agreements, the director shall after publication of his or her final decision, invite all producers and handlers affected thereby to assent or agree to the agreement or amendment set out in such decision. Said marketing agreements or amendments thereto s…
RCW 15.65.140 Minimum assent requirements prerequisite to order or amendment affecting producers or producer marketing.
1.3K chars
No marketing order or amendment thereto directly affecting producers or producer marketing shall be issued unless the director determines (in accordance with any of the procedures described at RCW 15.65.160) that the issuance of such order or amendment is assented to or favored b…
RCW 15.65.150 Minimum requirements prerequisite to order or amendment assessing handlers—Assent by producers.
1.8K chars
Any marketing order or amendment thereto directly assessing handlers shall be issued either (1) when the director determines that the issuance of such order or amendment is assented to or favored by handlers who during a representative period determined by the director constitute…
RCW 15.65.160 Ascertainment of required assent percentages.
2.9K chars
After publication of his or her final decision, the director shall ascertain (either by written agreement in accordance with subsection (1) of this section or by referendum in accordance with subsection (2) of this section) whether the above specified percentages of producers and…
RCW 15.65.170 Issuance or amendment of marketing order—Assent—Rules.
0.6K chars
If the director determines that the requisite assent has been given to issue or amend a marketing order, the issuance or amendment shall be adopted by rule by the director within thirty days of the validation of the vote. If the director determines that the requisite assent has n…
RCW 15.65.175 Issuing, amending, or terminating a marketing order—Limitation on public hearings or referendums.
0.6K chars
The director shall not be required to hold a public hearing or a referendum more than once in any twelve-month period on petitions to issue, amend, or terminate a commodity marketing order if any of the following circumstances are present:(1) The petition proposes to establish a …
RCW 15.65.180 Suspension of marketing agreement or order upon advice of commodity board—Certain prerequisites waived.
0.7K chars
The director may, upon the advice of the commodity board serving under any marketing agreement or order and without compliance with the provisions of RCW 15.65.050 through 15.65.170, suspend any such agreement or order or term or provision thereof for a period of not to exceed on…
RCW 15.65.183 Termination of marketing order or agreement—Petition—Procedure.
1.5K chars
The director may terminate a marketing order or agreement in accordance with this chapter.(1) To terminate a marketing order or agreement:(a) The director must receive a petition by affected producers under this chapter signed by at least ten percent of the affected producers; or…
RCW 15.65.185 Referendum prior to termination of a marketing order or agreement—Procedure—Exceptions.
1.7K chars
Except as provided in RCW 15.65.190 or subsection (4) of this section, the director, prior to termination of the marketing order or agreement, shall conduct a referendum as provided in this chapter, the rules adopted by the director, and the applicable marketing order or agreemen…
RCW 15.65.190 Termination of agreement or order on assent of producers—Procedure.
0.7K chars
Any marketing agreement or order shall be terminated if the director finds that fifty-one percent by numbers and fifty-one percent by volume of production of the affected producers within the affected area favor or assent to such termination. The director may ascertain without co…
RCW 15.65.193 When marketing order or agreement is terminated—Duties of affected commodity board.
1.3K chars
If after complying with the procedures outlined in this chapter and a referendum proposal to terminate a marketing order or agreement is assented to, the affected commodity board shall:(1) Document the details of all measures undertaken to terminate the marketing order and identi…
RCW 15.65.200 Lists of affected parties—Information used to establish lists—Purpose and use.
2.0K chars
(1) Whenever application is made for the issuance of a marketing agreement or order or the director otherwise determines to hold a hearing for the purpose of such issuance, the director or a designee shall establish a list of affected parties along with volume of production data …
RCW 15.65.203 Certain records exempt from public disclosure—Exceptions—Actions not prohibited by chapter.
1.2K chars
(1) Pursuant to RCW 42.56.380, certain agricultural business records, commodity board records, and department of agriculture records relating to commodity boards and producers of agricultural commodities are exempt from public disclosure.(2) Financial and commercial information a…
RCW 15.65.205 After any vote, referendum, nomination, or election—Affected parties provided results—Disputes.
0.6K chars
(1) Upon completion of any vote, referendum, or nomination and elections, the department shall tally the results of the vote and provide the results to affected parties.(2) If an affected party disputes the results of a vote, that affected party, within sixty days from the announ…
RCW 15.65.210 Powers and duties of director with respect to the administration and enforcement of agreements and orders—Administrator—Personnel.
1.1K chars
The director shall administer, enforce, direct, and control every marketing agreement and order in accordance with its provisions. For such purposes he or she shall include in each order and he or she may include in each agreement provisions for the employment of such administrat…
RCW 15.65.220 Commodity boards—Membership—Marketing agreement or order to establish and control—Director votes.
1.4K chars
(1) Every marketing agreement and order shall provide for the establishment of a commodity board of not less than five nor more than thirteen members and shall specify the exact number thereof and all details as to (a) qualification, (b) nomination, (c) election or appointment by…
RCW 15.65.230 Qualifications of members of commodity boards.
1.3K chars
A producer member of each commodity board must be a practical producer of the affected commodity and must be a citizen, resident of this state, and over the age of eighteen years. Each producer board member must be and have been actually engaged in producing such a commodity with…
RCW 15.65.235 Producer-handlers as producers for membership purposes—Exception.
0.5K chars
Whenever any commodity board is formed under the provisions of this chapter and it only affects producers and producer-handlers, then such producer-handlers shall be considered to be acting only as producers for purpose of membership on a commodity board: PROVIDED, That this sect…
RCW 15.65.240 Terms of members of commodity boards—Elections or appointment.
1.2K chars
The term of office of board members shall be three years, and one-third as nearly as may be shall be elected or appointed every year: PROVIDED, That at the inception of any agreement or order the entire board shall be elected or appointed one-third for a term of one year, one-thi…
RCW 15.65.243 When director appoints majority of the board—Nominations—Advisory vote—Notice—Director selects either of two candidates receiving the most votes.
1.6K chars
(1) This section applies when the director appoints a majority of the board positions as set forth under RCW 15.65.220(3).(2) Candidates for director-appointed board positions on a commodity board shall be nominated under RCW 15.65.250.(3) The director shall cause an advisory vot…
RCW 15.65.250 Nominations for election to commodity board—When only one nominee.
2.4K chars
For the purpose of nominating candidates for board memberships, the director shall call separate meetings of the affected producers and handlers within the affected area and in case elections shall be by districts the director shall call separate meetings for each district. Howev…
RCW 15.65.260 Election of members of commodity board—Procedure.
2.1K chars
(1) The elected members of every commodity board shall be elected by secret mail ballot under the supervision of the director. Elected producer members of the board shall be elected by a majority of the votes cast by the affected producers within the affected area, but if the mar…
RCW 15.65.270 Vacancies, quorum, compensation, travel expenses of commodity board members and employees.
1.6K chars
(1) In the event of a vacancy in an elected position on the board, the remaining board members shall select a qualified person to fill the vacant position for the remainder of the current term or as provided in the marketing order or agreement.(2) In the event of a vacancy on the…
RCW 15.65.280 Powers and duties of commodity board—Reservation of power to director.
8.4K chars
The powers and duties of the board shall be:(1) To elect a chair and such other officers as it deems advisable;(2) To advise and counsel the director with respect to the administration and conduct of such marketing agreement or order;(3) To recommend to the director administrativ…
RCW 15.65.283 Members may belong to association with same objectives—Contracts with other associations authorized.
0.4K chars
Any member of an agricultural commodity board may also be a member or officer of an association which has the same objectives for which the agricultural commodity board was formed. An agricultural commodity board may also contract with such association for services necessary to c…
RCW 15.65.285 Restrictive provisions of chapter 43.19 RCW not applicable to promotional printing and literature of commodity boards.
0.2K chars
The restrictive provisions of chapter 43.19 RCW shall not apply to promotional printing and literature for any commodity board.[ 2015 c 225 s 10; 1972 ex.s. c 112 s 2.]Notes:
RCW 15.65.287 Commission's plans, programs, and projects—Director's approval required.
1.2K chars
(1) Each commodity 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 o…
RCW 15.65.289 Commission speaks for state—Director's oversight.
0.4K chars
Each commission organized under a marketing order adopted under this chapter exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges each commission, with oversight by the director, to speak on behalf of Washington…
RCW 15.65.290 Claims and liabilities, enforcement against organization—Personal liabilities of officials, employees, etc.
1.7K chars
Obligations incurred by any administrator or board or employee or agent thereof pertaining to their performance or nonperformance or misperformance of any matters or things authorized, required or permitted them by this chapter or any marketing agreement or order issued pursuant …
RCW 15.65.295 Lists of all affected producers and handlers—Affected parties responsible for accuracy—Use of lists.
2.2K chars
(1) Each commodity board shall prepare a list of all affected producers from any information available from the department, producers, producer associations or organizations, or handlers of the affected commodity. This list shall contain the names and addresses of all affected pe…
RCW 15.65.300 Agreement or order to contain detailed statement of powers and purposes.
0.7K chars
The purposes for which each marketing agreement and order is issued and the powers which shall be exercised thereunder shall be stated in detail in the provisions of such agreement or order. Any such agreement or order or amendment thereto may contain provisions for the exercise …
RCW 15.65.305 Promotional hosting expenditures—Rules.
0.3K chars
Agricultural commodity boards shall adopt rules governing promotional hosting expenditures by commodity board employees, agents, or board members under RCW 15.04.200.[ 2002 c 313 s 31.]Notes:Effective dates—2002 c 313: See note following RCW 15.65.020.
RCW 15.65.310 Advertising, sale, trade barrier, claim, etc., provisions in agreement or order.
0.7K chars
Any marketing agreement or order may provide for advertising, sales, promotion and/or other programs for maintaining present markets and/or creating new or larger markets for the affected commodity. It may also provide for the prevention, modification or removal of trade barriers…
RCW 15.65.320 Agreement and order provisions for research.
0.7K chars
Any marketing agreement or order may provide for research in the production, processing, and/or distribution of the affected commodity and for the expenditure of money for such purposes. Insofar as practicable, such research shall be carried out by experiment stations of Washingt…
RCW 15.65.330 Agreement and order provisions for uniform grades and standards—Enforcement—Rules.
1.4K chars
Any marketing agreement or order may contain provisions which directly provide for, or which authorize the director or his or her designee to provide by rules and regulations for, any one or more, or all, of the following: (1) Establishing uniform grades and standards of quality,…
RCW 15.65.340 Agreement and order provisions prohibiting or regulating certain practices.
2.6K chars
Any marketing agreement or order may contain provisions prohibiting and/or otherwise regulating any one or more or all of the practices listed to the extent that such practices affect, directly or indirectly, the commodity which forms the subject matter of such agreement or order…