Title 15 — Title 15 AGRICULTURE AND MARKETING

It shall be unlawful to cause a limitation to be placed on the amount of fresh fruit that a purchaser may buy at retail or wholesale when such fresh fruit is offered for sale, through any media, below cost to the seller. The foregoing shall apply to all such fresh fruit offered f…

Cost for the purpose of this chapter, shall be that price paid for fresh fruit by the seller or the actual replacement cost for such fresh fruit: PROVIDED, That the delivered invoice price to such seller shall be prima facie evidence of the price paid for such fresh fruit by the …

When one or more items are offered for sale or sold with one or more items at a combined price, or offered individually or as a package or a unit to be given with the sale of one or more items, each and all such items shall for the purpose of this chapter be deemed to be offered …

Any person, prosecuting attorney, or the attorney general may bring an action to enjoin the violation or threatened violation of the provisions of this chapter in the superior court in the county where such violation occurs or is about to occur, notwithstanding the existence of a…

(1) Except as provided in subsection (2) of this section, any person violating the provisions of this chapter is guilty of a misdemeanor.(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a previous conviction shall be co…

The provisions of this chapter shall not apply to the following sales at retail or sales at wholesale:(1) When fresh fruit is sold for charitable purposes or to relief agencies;(2) When fresh fruit is sold on contract to departments of the government or governmental institutions;…

The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.[ 1965 c 61 s 8.]

This chapter may be cited as the Washington fresh fruit sales limitation act.[ 1965 c 61 s 9.]

As used in this chapter:(1) "Commission" means the Washington apple commission;(2) "Crop year" means the year in which apples are harvested and is designated for those apples based on the date of harvest regardless of when they are subsequently packed or shipped;(3) "Dealer" mean…

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 the Washington state government with regard to apples and apple-related i…

There is hereby created a Washington apple commission to be thus known and designated. The commission shall be composed of nine apple growers and four apple dealers. In addition, the director shall be a full voting member of the commission and may in his or her place appoint any …

Thirteen persons, not including the director or the director's representative, with the qualifications stated in RCW 15.24.020 shall be members of the commission. Nine of the members shall be grower members, and four shall be dealer members. The number of grower members to be app…

(1) The director shall appoint the members of the commission.(2) Except as provided in RCW 15.24.050, before the expiration of a commission member's term, the commission shall call a meeting of apple growers and dealers for the purpose of nominating candidates whose names will be…

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 …

In the event a position becomes vacant due to resignation, disqualification, death, or for any other reason, such position shall be filled for the balance of the unexpired term by appointment by the director from at least two nominees submitted by the remaining members of the com…

(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 within the commission's powers and duties;(b) …

The Washington apple commission is hereby declared and created an agency of the Washington state government. The powers and duties of the commission shall include the following:(1) To elect a chair and such other officers as it deems advisable; and to adopt, rescind, and amend ru…

All rule-making proceedings conducted under this chapter must be in accordance with chapter 34.05 RCW except that rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310, 43.135.055, and the provisions of chapter 19.85 RCW, the regulator…

In order to benefit the people of this state, the state's economy and its general tax revenues, the commission shall provide for and conduct a comprehensive and extensive research, advertising, and educational campaign as continuous as the crop, sales, and market conditions reaso…

(1) There is hereby levied annually upon all fresh apples grown in this state, and all apples packed as Washington apples, including fresh sliced, an assessment of eight and seventy-five one-hundredths cents per one hundred pounds of apples, based on net shipping weight, or reaso…

(1) A petition may be filed with the commission to reduce the assessment authorized in RCW 15.24.090 to zero. To be valid, the petition must be signed by at least eight percent of all apple growers eligible to vote in commission referendum elections. The petition shall contain th…

The assessments on fresh apples shall be paid, or provision made therefor satisfactory to the commission, at the time of shipment, and no fresh apples shall be carried, transported, or shipped by any person or by any carrier, railroad, truck, boat, or other conveyance until the a…

Each dealer, handler, and processor shall keep a complete and accurate record of all apples handled, shipped, or processed by him or her. This record shall be in such form and contain such information as the commission may by rule or regulation prescribe, and shall be preserved f…

Each dealer, handler, and processor shall at such times as the commission may by rule or regulation require, file with the commission a return under oath on forms to be furnished by the commission, stating the quantity of apples handled, shipped, or processed by him or her during…

The commission may inspect the premises and records of any carrier, handler, dealer, or processor for the purpose of enforcing this chapter and the collection of the excise tax.[ 1961 c 11 s 15.24.140. Prior: 1937 c 195 s 19; RRS s 2874-19.]

The commission shall appoint a treasurer who shall file with it a fidelity bond executed by a surety company authorized to do business in this state, in favor of the commission and the state, in the penal sum of fifty thousand dollars, conditioned upon the faithful performance of…

To maintain and complement the existing comprehensive regulatory scheme, the commission may employ, designate as agent, act in concert with, and enter into contracts with any person, council, or commission, including but not limited to the director, state agencies such as the Was…

All county and state law enforcement officers and all employees and agents of the department shall enforce this chapter.[ 1961 c 11 s 15.24.180. Prior: 1937 c 195 s 16; RRS s 2874-16.]

Obligations incurred by the commission and any other liabilities or claims against the commission shall be enforced only against the assets of the commission, and, except to the extent of such assets, no liability for the debts or actions of the commission exists against either t…

(1) Any person who violates or aids in the violation of any provision of this chapter is guilty of a gross misdemeanor.(2) Any person who violates or aids in the violation of any rule or regulation of the commission is guilty of a misdemeanor.[ 2003 c 53 s 104; 1961 c 11 s 15.24.…

Any prosecution brought under this chapter may be instituted in any county in which the defendant or any defendant resides, or in which the violation was committed, or in which the defendant or any defendant has his or her principal place of business.The superior courts are hereb…

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…

(1) This chapter is passed:(a) In the exercise of the police power of the state to assure, through this chapter, and other chapters, that the apple industry is highly regulated to protect the public health, to prevent fraudulent practices, to promote the welfare of the state, and…

This chapter shall be liberally construed.[ 1961 c 11 s 15.24.910. Prior: 1937 c 195 s 17; RRS s 2874-17.]

This chapter shall be known and cited as the "tree fruit research act."[ 1969 c 129 s 1.]

The purpose of this chapter is for the creation of a commission which shall promote and carry on research and administer specific industry service programs, including but not limited to sanitation programs, which will or may benefit the planting, production, harvesting, handling,…

As used in this chapter, unless a different meaning is plainly required by the context:(1) "Department" means the department of agriculture of the state of Washington.(2) "Director" means the director of the department of agriculture or his or her duly authorized representative.(…

There is hereby created the Washington tree fruit research commission, to be thus known and designated. The commission shall be composed of nine members. Three members to be appointed by the Washington state fruit commission, five members to be appointed by the Washington apple c…

Nine members of the commission shall be producers who are citizens and residents of this state. Each producer member shall be over the age of twenty-five years and have been actively engaged in growing tree fruits in this state and deriving a substantial portion of his or her inc…

The Washington apple commission shall appoint producer members to positions one through five on the commission. The Washington state fruit commission shall appoint producer members to positions six through eight on the commission. The director shall appoint a producer who derives…

The terms of the members of commission shall be staggered and each shall serve for a term of three years and until their successor has been appointed and qualified: PROVIDED, That the first appointments to the commission beginning July 30, 1969, shall be for the following terms:(…

In the event a commission member resigns, is disqualified, or vacates his or her position on the commission for any other reason, the appointing agency that originally appointed such member shall within sixty days appoint a new member to fill the term of the vacated member.[ 2010…

A majority of the members of the commission shall constitute a quorum for the transaction of all business and carrying out the duties of the commission: PROVIDED, That on all fiscal matters, approval for passage must be by at least two-thirds majority of the said quorum.[ 1969 c …

Each member of the commission shall be compensated in accordance with RCW 43.03.230 and shall be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter. Employees of the commission may also be reimbursed for actual travel expenses when out o…

The powers of the commission shall include the following:(1) To elect a chair, treasurer, and such other officers as it deems advisable;(2) To adopt any rules necessary to carry out the purposes and provisions of this chapter, in conformance with the provisions of the administrat…

There is hereby levied on all commercial tree fruit produced in this state or held out as being produced in this state for fresh or processing use, an assessment, initially not to exceed ten cents per ton on all such tree fruits, except that such assessment for apples for fresh s…

The Washington tree fruit research commission may raise the assessment on cherries in excess of the fiscal growth factor under chapter 43.135 RCW from the assessment of two dollars per ton in effect under chapter 16-560 WAC on July 1, 1995, to four dollars per ton. The commission…

The Washington apple commission and the Washington state fruit commission shall supply the director with a list of known producers subject to paying assessments to the respective commissions. The director, in addition, shall at the commission's cost compile a list of known tree f…

The producers of tree fruit subject to the provisions of this chapter may subsequent to approving initial assessment increase such assessment by referendum when approved by a majority of the producers voting.[ 1969 c 129 s 14.]

The producers of any specific tree fruit subject to the provisions of this chapter may at any time by referendum conducted by the department and approved by a majority of the producers voting of such specific tree fruit establish an additional assessment on such specific tree fru…