Title 15 — Title 15 AGRICULTURE AND MARKETING
49 chapters · 1,005 sections in this title.
RCW 15.66.010 Definitions.
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For the purposes of this chapter:(1) "Affected commodity" means the agricultural commodity that is specified in the marketing order.(2) "Affected handler" means any handler of an affected commodity.(3) "Affected parties" means any producer, affected producer, handler, or commodit…
RCW 15.66.015 Regulating agricultural commodities—Existing comprehensive scheme.
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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 15.66.017 Regulating agricultural commodities—Laws applicable.
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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 15.66.023 Commission may establish foundation.
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A commodity commission may establish a foundation using commission funds as grant money when the foundation benefits the commodity for which the commission was established. Commission funds may be used for the purposes authorized in the marketing order.[ 2001 c 315 s 8.]
RCW 15.66.030 Marketing orders authorized—Purposes.
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Marketing orders may be made for any one or more of the following purposes:(1) To establish plans and conduct programs for advertising and sales promotion, to maintain present markets, or to create new or larger markets for any agricultural commodity grown in the state of Washing…
RCW 15.66.040 Prerequisites to marketing orders—Director's duties.
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Marketing orders and orders modifying or terminating existing marketing orders shall be promulgated by the director only after the director has done the following:(1) Received a petition as provided for in RCW 15.66.050;(2) Given notice of hearing as provided for in RCW 15.66.060…
RCW 15.66.050 Petition for marketing order—Deposit to defray department's expenses—Circumstances requiring reimbursement.
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(1) Petitions for issuance, amendment or termination of a marketing order shall be signed by not less than five percent or one hundred of the producers alleged to be affected, whichever is less, and shall be filed with the director. A petition for amendment or termination of a ma…
RCW 15.66.053 Proceedings subject to administrative procedure act—Exemptions.
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(1) All rule-making proceedings conducted under this chapter shall be in accordance with chapter 34.05 RCW.(2) Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310, chapter 19.85 RCW, the regulatory fairness act, and RCW 43.135.055 wh…
RCW 15.66.055 Director's duties and responsibilities—Rules.
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The director may adopt rules necessary to carry out the director's duties and responsibilities under this chapter including:(1) The issuance, amendment, suspension, or termination of marketing orders;(2) Procedural, technical, or administrative rules which may address and include…
RCW 15.66.060 Lists of affected parties—Notice—Use of lists.
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(1) Upon receipt of a petition for the issuance of a marketing order, the director shall establish a list of affected parties of the agricultural commodity affected. In establishing a list of affected parties and their individual production, the director shall publish a notice to…
RCW 15.66.070 Petitions for marketing orders—Public hearing—Legal notice.
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(1) The substance of a petition received under RCW 15.66.050 shall be set out in detail and designated as the proposal. A copy of the proposal shall be mailed to all affected parties or producers based on the list provided for in RCW 15.66.060 or 15.66.143, as applicable, and sha…
RCW 15.66.080 Findings, conclusions, and recommended decision of the director—Notification—Final decision.
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(1) The director shall make findings upon material points controverted at the hearing and required by this chapter and upon such other matters and things as he or she may deem fitting and proper. Based upon those findings, the director shall make conclusions and develop and issue…
RCW 15.66.090 After final decision—Assent of affected parties determined by referendum.
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After the director issues his or her final decision approving the issuance, amendment, or termination of a marketing order, the director shall determine by a referendum whether the affected parties or producers assent to the proposed action or not. The director shall conduct the …
RCW 15.66.093 Suspension of marketing order upon request of commodity commission.
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The director may, upon the request of a commodity commission and without compliance with RCW 15.66.070 through 15.66.090, suspend the commission's order or term or provision thereof for a period of not to exceed one year, if the director finds that the suspension will tend to eff…
RCW 15.66.097 Issuing, amending, or terminating a marketing order—Limitation on public hearings or referendums.
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The director is not 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 marketing order if any of the following circumstances are present:(1) The petition proposes to establish a marketing order …
RCW 15.66.100 Contents of marketing order.
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A marketing order shall define the area of the state to be covered by the order which may be all or any portion of the state; shall contain provisions for establishment of a commodity commission and administration and operation and powers and duties of same; shall provide for ass…
RCW 15.66.105 Certain records exempt from public disclosure—Exemptions—Actions not prohibited by chapter.
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(1) Pursuant to RCW 42.56.380, certain agricultural business records, commodity commission records, and department of agriculture records relating to commodity commissions and producers of agricultural commodities are exempt from public disclosure.(2) Financial and commercial inf…
RCW 15.66.110 Commodity commission—Composition—Terms.
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(1) Every marketing order shall establish a commodity commission composed of not less than five nor more than fifteen members. Commission members shall be citizens and residents of this state if required by the marketing order, and over the age of eighteen. Not more than one comm…
RCW 15.66.113 When director appoints majority of the commission—Nominations—Advisory vote—Notice—Director selects either of two candidates receiving the most votes.
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(1) This section applies when the director appoints a majority of the positions of the commission as set forth under RCW 15.66.110(3).(2) Candidates for director-appointed positions on a commission shall be nominated under RCW 15.66.120(1).(3) Not less than sixty days nor more th…
RCW 15.66.120 Commodity commission—Nominations—Elections—Vacancies.
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(1) Not less than ninety days nor more than one hundred and five days prior to the beginning of each term of each elected commission member, notice shall be mailed to all affected producers with a call for nominations in accordance with this section and provisions of the marketin…
RCW 15.66.123 After any vote, referendum, nomination, or election—Affected parties provided results—Disputes.
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(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 15.66.130 Commodity commission—Meetings—Quorum—Compensation—Travel expenses for members and employees.
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Each commodity commission shall hold such regular meetings as the marketing order may prescribe or that the commission by resolution may prescribe, together with such special meetings that may be called in accordance with provisions of its resolutions upon reasonable notice to al…
RCW 15.66.140 Commodity commission—Powers and duties.
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Every commodity commission shall have such powers and duties in accordance with provisions of this chapter as may be provided in the marketing order and shall have the following powers and duties:(1) To elect a chair and such other officers as determined advisable;(2) To adopt, r…
RCW 15.66.141 Commission's plans, programs, and projects—Director's approval required.
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(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 15.66.142 Commission speaks for state—Director's oversight.
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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 15.66.143 Lists of all affected producers and handlers—Affected parties responsible for accuracy—Use of lists.
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(1) Each commodity commission shall prepare a list of all affected producers from any information available from the department, producers, producer associations, organizations, or handlers of the affected commodity. This list shall contain the names and addresses of all affected…
RCW 15.66.145 Members may belong to association with same objectives—Contracts with associations authorized.
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Any member of an agricultural commission may also be a member or officer of an association which has the same objectives for which the agricultural commission was formed. An agricultural commission may also contract with such association for services necessary to carry out any pu…
RCW 15.66.150 Annual assessments—Rate—Collection.
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There is hereby levied, and there shall be collected by each commission, upon each and every unit of any agricultural commodity specified in any marketing order an annual assessment which shall be paid by the producer thereof upon each and every such unit sold, processed, stored,…
RCW 15.66.153 Promotional hosting expenditures—Rules.
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Agricultural commodity commissions shall adopt rules governing promotional hosting expenditures by commodity commission employees, agents, or commission members under RCW 15.04.200.[ 2002 c 313 s 59.]Notes:Effective dates—2002 c 313: See note following RCW 15.65.020.
RCW 15.66.157 When commodity commission is terminated—Duties of affected commodity commission.
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If after complying with the procedures outlined in this chapter and a referendum proposal to terminate a commodity commission is assented to, the affected commodity commission shall:(1) Document the details of all measures undertaken to terminate the commodity commission and iden…
RCW 15.66.160 Annual assessments—Disposition of revenue.
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Moneys collected by any commodity commission pursuant to any marketing order from any assessment for marketing purposes or as an advance deposit thereon shall be used by the commission only for the purpose of paying for the costs or expenses arising in connection with carrying ou…
RCW 15.66.170 Annual assessments—Payments—Civil action to enforce.
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Any due and payable assessment herein levied, and every sum due under any marketing order in a specified amount shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the commission when payment is cal…
RCW 15.66.180 Expenditure of funds collected.
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All moneys which are collected or otherwise received pursuant to each marketing order created under this chapter shall be used solely by and for the commodity commission concerned and shall not be used for any other commission, nor the department except as otherwise provided in t…
RCW 15.66.185 Investment of agricultural commodity commission funds in savings or time deposits of banks, trust companies, and mutual savings banks.
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(1) Any funds of any agricultural commodity commission may be invested in savings or time deposits in banks, trust companies, and mutual savings banks that are doing business in the United States, up to the amount of insurance afforded such accounts by the Federal Deposit Insuran…
RCW 15.66.190 Official bonds required.
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Every administrator, employee or other person occupying a position of trust under any marketing order and every member actually handling or drawing upon funds shall give a bond in such penal amount as may be required by the affected commission or by the order, the premium for whi…
RCW 15.66.200 Petition for modification or exemption—Hearing—Appeal from ruling.
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An affected producer subject to a marketing order may file a written petition with the director stating that the order, agreement, or program or any part thereof is not in accordance with the law, and requesting a modification thereof or exemption therefrom. He or she shall there…
RCW 15.66.210 Unlawful acts—Penalties—Injunctions—Investigations.
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It shall be a misdemeanor for:(1) Any person wilfully to violate any provision of this chapter or any provision of any marketing order duly issued by the director pursuant to this chapter.(2) Any person wilfully to render or furnish a false or fraudulent report, statement of reco…
RCW 15.66.220 Compliance with chapter a defense in any action.
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In any civil or criminal action or proceeding for violation of any rule of [or] statutory or common law against monopolies or combinations in restraint of trade, proof that the act complained of was done in compliance with the provisions of this chapter or a marketing order issue…
RCW 15.66.230 Liability of commission, state, etc.
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Obligations incurred by any commission and any other liabilities or claims against the commission shall be enforced only against the assets of such commission in the same manner as if it were a corporation and no liability for the debts or actions of the commission shall exist ag…
RCW 15.66.240 Marketing agreements.
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Marketing agreements shall be created upon written application filed with the director by not less than five commercial producers of an agricultural commodity and upon approval of the director. The director shall hold a public hearing upon such application. Not less than five day…
RCW 15.66.245 Marketing agreement or order—Authority for participation in proceedings concerning regulation of pesticides or agricultural chemicals.
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Any marketing agreement or order may authorize the members of a commodity commission, or their agents or designees, to participate in federal or state hearings or other proceedings concerning regulation of the manufacture, distribution, sale, or use of any pesticide as defined by…
RCW 15.66.250 Price fixing and product limiting prohibited.
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Nothing contained in this chapter shall permit fixing of prices not otherwise permitted by law or any limitation on production and no marketing order or agreement or any rule or regulation thereunder shall contain any such provisions.[ 1961 c 11 s 15.66.250. Prior: 1955 c 191 s 2…
RCW 15.66.260 Costs of conducting nominations and elections—Reimbursement.
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The department shall be reimbursed for actual costs incurred in conducting nominations and elections for members of any commodity commission established under the provisions of this chapter. Such reimbursement shall be made from the funds of the commission for which the nominatio…
RCW 15.66.263 Costs of implementing RCW 15.66.141.
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The costs incurred by the department of agriculture that are associated with the implementation of RCW 15.66.141 shall be paid for by the affected commodity commissions.[ 2003 c 396 s 8.]Notes:Effective date—2003 c 396: See note following RCW 15.66.030.
RCW 15.66.270 Exempt commissions—Marketing agreements and orders.
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This chapter does not apply to any provision of the statutes of the state of Washington relating to the Washington apple commission (chapter 15.24 RCW), to the soft tree fruits commission (chapter 15.28 RCW), to the dairy products commission (chapter 15.44 RCW), or to the Washing…
RCW 15.66.275 Applicability of chapter to state agencies or other governmental units.
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The provisions of this chapter and any marketing order established thereunder shall be applicable to any state agency or other governmental unit engaged in the production for sale of any agricultural commodity subject to such marketing order, especially those relating to RCW 15.6…
RCW 15.66.280 Restrictive provisions of chapter 43.19 RCW not applicable to promotional printing and literature of commissions.
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The restrictive provisions of chapter 43.19 RCW shall not apply to promotional printing and literature for any commission formed under this chapter.[ 2015 c 225 s 11; 1972 ex.s. c 112 s 5.]Notes:
RCW 15.66.900 Short title.
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This chapter shall be known and may be cited as the "Washington Agricultural Enabling Act."[ 1961 c 11 s 15.66.900. Prior: 1955 c 191 s 29.]