Title 15, AGRICULTURE AND MARKETING

For purposes of maintaining and/or improving the genetic characteristics and freedom from infection by plant pests of any registered, foundation, and breeder planting stock, the director may acquire, propagate, and distribute registered, foundation, and breeder planting stock to …

The director may accept as certified, registered, foundation, or breeder planting stock any planting stock grown or produced by Washington State University, the United States department of agriculture or other propagators whose plant materials are produced in conformance with the…

The director may cooperate with and enter into agreements with Washington State University, the United States department of agriculture, other state and federal agencies, and any other organization in order to carry out the purposes and provisions of this chapter. [ 1999 c 144 s …

The director may acquire by gift, grant, or endowment from public or private sources, as may be made in trust or otherwise, for the use and benefit of the purposes of this chapter, real property and any other type property, and expend the same or any income therefrom according to…

The director may suspend, cancel, or refuse certification or other approval of any planting stock that fails to meet the certification requirements authorized in this chapter. Upon notice by the director to suspend, cancel, or refuse certification or other approval of any plantin…

It is unlawful for any person to sell, offer for sale, hold for sale, label, identify, represent, or to advertise any planting stock as being certified, registered, foundation, or breeder planting stock unless it complies with the requirements of this chapter and rules adopted un…

The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any rule adopted pursuant to this chapter in the superior court of Thurston county, notwithstanding the existence of other remedies at law. [ 1961 c 83 s 15. Forme…

A late charge of one and one-half percent per month shall be assessed on the unpaid balance against persons more than thirty days in arrears for any fee or assessment authorized by this chapter. [ 1999 c 144 s 12.]

The director may withhold services to growers of planting stock for refusal to comply with the provisions of this chapter or its rules, for nonpayment of fees and assessment moneys owed to the department by law, or for nonpayment of any assessment moneys due to an agricultural co…

All the moneys collected under the provisions of this chapter shall be paid to the director and deposited in the planting stock certification account within the agricultural local fund and shall be used only to carry out the purposes and provisions of this chapter. [ 1999 c 144 s…

The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy. [ 1961 c 83 s 16.]

The legislature finds that the production of high quality certified seed potatoes within the state requires conditions that are as free as possible from insect pests and plant diseases and that ensuring these conditions exist is in the public interest. The legislature further fin…

Growers of seed potatoes, certified in accordance with rules adopted under chapter 15.14 RCW, may submit a petition to the director of the department of agriculture requesting that the director establish a restricted seed potato production area. The petition shall include the pro…

The director of the department of agriculture may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any rule made pursuant to this chapter in a court of competent jurisdiction of the county in which such violation occurs or is abo…

The purpose of this chapter is to provide for the fair and orderly marketing of fruits and vegetables in the state of Washington by establishing uniform grades and standards and by providing for the inspection of these products. This chapter is vital to protecting the national an…

For the purpose of this chapter: (1) "Agent" means broker, commission merchant, solicitor, seller, or consignor, and any other person acting upon the actual or implied authority of another. (2) "Certification" means, but is not limited to, the issuance by the director of an inspe…

(1) The director shall enforce and carry out the provisions of this chapter and may adopt the necessary rules to carry out its purpose. (2) The director shall, whenever he or she considers the adoption of rules or amendments to existing rules, consult with growers, associations o…

(1) The director shall adopt rules providing standards for apples, apricots, Italian prunes, peaches, sweet cherries, pears, potatoes, and asparagus and may adopt rules providing standards for any other fruit or vegetable. When establishing these standards, the director shall con…

The director may adopt any United States or other state's standard for any fruits and vegetables, if that standard is determined by the director to be substantially equivalent to or better than the standard adopted under this chapter. [ 1998 c 154 s 5; 1963 c 122 s 6.]

It is unlawful for any person to sell for fresh consumption any fresh fruits classified as culls under the provisions of this chapter or rules adopted hereunder unless such fruit is packed in one-half bushel or one bushel wooden baskets ring faced, with the fruit in the ring face…

The director may approve and register a private grade or brand for any fruit or vegetable. The private grade or brand shall not be lower than the second grade and/or classification established under the provisions of this chapter or rules adopted under this chapter for the fruit …

(1) Any person financially interested in any fruits or vegetables in this state may request inspection and/or certification services provided for those fruits or vegetables under this chapter. (2) To facilitate the movement or sale of fruits and vegetables or other agricultural c…

Any shipper or packer of apples, apricots, cherries, pears, peaches, Italian prunes, potatoes, or asparagus may petition the director for authority to issue certificates of compliance for each season. The director may issue certificate of compliance agreements, granting this auth…

The director shall adopt rules establishing the necessary fees to recover the costs of providing inspection and/or certification or other requested services. (1) The fees are due and payable upon billing. (2) A late fee of one and one-half percent per month on the unpaid balance …

Every inspection certificate or other official document issued by the director under the provisions of this chapter shall be received in all the courts of the state as prima facie evidence of the statements therein. [ 1998 c 154 s 11; 1963 c 122 s 17.]

The director may enter during business hours and inspect any facility where any fruits or vegetables are processed, stored, packed, delivered for shipment, loaded, shipped, being transported, or sold, and may inspect all fruits or vegetables and the containers and the equipment i…

(1) For the purposes of this section, "lot" means any lot or any part of a lot. (2) When the director determines that any lot of fruits or vegetables fails to comply with the requirements of this chapter, the director may issue a hold order prohibiting the sale or movement of tha…

It is unlawful: (1) To sell any fruits or vegetables: (a) As meeting the standards for any fruit or vegetable as prescribed by the director unless they in fact do so; (b) For which no standards have been established under this chapter unless ninety percent or more by weight or co…

(1) This chapter does not apply: (a) To the movement in bulk of any fruits or vegetables from the premises where they are grown or produced to a packing shed, warehouse, or processing plant for the purpose of storing, grading, packing, labeling, or processing prior to entering co…

(1) The fruit and vegetable inspection account is created in the custody of the state treasurer. All fees collected under this chapter must be deposited into the account. The director may authorize expenditures from the account solely for the implementation and enforcement of thi…

The director may bring an action to enjoin the violation of any provision of this chapter or rule adopted pursuant to this chapter in the superior court of Thurston county or of any county in which such violation occurs, notwithstanding the existence of other remedies at law. [ 1…

The director may cooperate with and enter into agreements with governmental agencies of this state, other states, and agencies of federal government in order to carry out the purpose and provisions of this chapter. [ 1963 c 122 s 31.]

Any person who violates this chapter or rules adopted under this chapter may be subject to: (1) Suspension of any compliance agreement under this chapter to which the person is a party for a period not to exceed twelve consecutive months; and/or (2) A civil penalty in an amount o…

The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy. [ 1963 c 122 s 27.]

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of agriculture of the state of Washington. (2) "Director" means the director of the department or his or her duly authorized represen…

The director shall enforce and carry out the provisions of this chapter and may adopt the necessary rules to carry out its purpose. [ 1998 c 154 s 22.]

In addition to the powers conferred on the director under this chapter, the director has the power to adopt rules: (1) Establishing certification requirements for American ginseng (Panax quinquefolius L.). Certification factors include: (a) Place of origin; (b) Whether the ginsen…

(1) The director shall adopt rules establishing fees to recover the costs of providing ginseng certification activities authorized under this chapter. All moneys collected under this chapter shall be paid to the director, deposited in an account within the agricultural local fund…

The director may enter at reasonable times as determined by the director and inspect any facility and any records required under this chapter. The director may take for inspection those representative samples of ginseng necessary to determine whether or not this chapter or rules …

The director may bring an action to enjoin any violation of this chapter or rule adopted under this chapter in the superior court of Thurston county or of any county in which a violation occurs, notwithstanding the existence of other remedies at law. [ 1998 c 154 s 26.]

The director may cooperate with and enter into agreements with governmental agencies of this state, other states, and agencies of the federal government in order to carry out the purpose and provisions of this chapter. [ 1998 c 154 s 27.]

The department shall not disclose information obtained under this chapter regarding the purchases, sales, or production of an individual American ginseng grower or dealer, except for providing reports to the United States fish and wildlife service. This information is exempt from…

It is unlawful for a person to sell, offer for sale, hold for sale, or ship or transport American ginseng for foreign export in violation of this chapter or rules adopted under this chapter. [ 1998 c 154 s 29.]

Any person who violates the provisions of this chapter or rules adopted under this chapter may be subject to: (1) A civil penalty in an amount of not more than one thousand dollars for each violation; and/or (2) Denial, revocation, or suspension of any registration or application…

The provisions of this chapter are cumulative and nonexclusive and do not affect any other remedy. [ 1998 c 154 s 31.]

Limitations or restrictions placed on the buyer by the seller offering fresh fruit for sale as to the amount that such prospective buyer may purchase of the total amount of such fresh fruit owned, possessed or controlled by the seller, may lead to or cause confusion, deceptive tr…