Title 15 — Title 15 AGRICULTURE AND MARKETING
49 chapters · 1,005 sections in this title.
RCW 15.28.250 Responsibility for payment of assessments—Due upon receipt—Delinquencies—Civil action.
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Unless the assessment has been paid by the grower and evidence thereof submitted by him or her, the dealer, handler, or processor is responsible for the payment of all assessments under this chapter on all soft tree fruits handled, shipped, or processed by him or her but he or sh…
RCW 15.28.260 Publications by commission—Subscriptions.
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If the commission publishes a bulletin or other publication, or a section in some established trade publication, for the dissemination of information to the soft tree fruit industry in this state, the first two dollars of any assessment paid annually by each grower, handler, deal…
RCW 15.28.270 Violations—Penalty.
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Every person shall be guilty of a misdemeanor who:(1) Violates or aids in the violation of any provision of this chapter, or(2) Violates or aids in the violation of any rule or regulation of the commission.[ 1961 c 11 s 15.28.270. Prior: 1947 c 73 s 28; Rem. Supp. 1947 s 2909-37.…
RCW 15.28.280 Venue of actions—Jurisdiction of courts.
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Any prosecution brought under this chapter may be instituted or brought in any county in the state in which the defendant or any of the defendants reside, or in which the violation was committed, or in which the defendant or any of the defendants has his or her principal place of…
RCW 15.28.290 Duty to enforce.
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It shall be the duty of all state and county law enforcement officers and all employees and agents of the department to aid in the enforcement of this chapter.[ 1961 c 11 s 15.28.290. Prior: 1947 c 73 s 30; Rem. Supp. 1947 s 2909-39.]
RCW 15.28.300 Rules and regulations—Filing—Publication.
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Every rule, regulation, or order promulgated by the commission shall be filed with the director, and shall be published in a legal newspaper of general circulation in each of the three districts. All such rules, regulations, or orders shall become effective pursuant to the provis…
RCW 15.28.305 Rule making—Exemptions.
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Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310 and the provisions of chapter 19.85 RCW, the regulatory fairness act, when adoption of the rule is determined by a referendum vote of the affected parties.[ 2002 c 313 s 109.]Notes:…
RCW 15.28.310 Authority to agents of commission to inspect.
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Agents of the commission, upon specific written authorization signed by the chair or secretary-manager thereof, shall have the right to inspect the premises, books, records, documents, and all other instruments of any carrier, railroad, truck, boat, grower, handler, dealer, and p…
RCW 15.28.315 Certain records exempt from public disclosure—Exceptions—Actions not prohibited by chapter.
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(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…
RCW 15.28.320 Funding staff support—Rules.
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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…
RCW 15.28.325 Costs of implementing RCW 15.28.103.
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The costs incurred by the department of agriculture associated with the implementation of RCW 15.28.103 shall be paid for by the commission.[ 2003 c 396 s 23.]Notes:Effective date—2003 c 396: See note following RCW 15.66.030.
RCW 15.28.910 Liberal construction.
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This chapter shall be liberally construed.[ 1961 c 11 s 15.28.910. Prior: 1947 c 73 s 33, part; Rem. Supp. 1947 s 2909-42, part.]
RCW 15.30.010 Definitions.
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For the purpose of this chapter:(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 appointed representative.(3) "Person" means a natural person, individual, or firm, partnership, c…
RCW 15.30.020 Annual license required—Expiration date.
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It shall be unlawful for any person to engage in the business of operating a controlled atmosphere storage warehouse or warehouses without first obtaining an annual license from the director. Such license shall expire on August 31st of any one year.[ 1961 c 29 s 2.]
RCW 15.30.030 Application for license, contents—Issuance, prerequisites.
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Application for a license to operate a controlled atmosphere warehouse shall be on a form prescribed by the director and shall include the following:(1) The full name of the person applying for the license.(2) If such applicant is an individual, receiver, trustee, firm, partnersh…
RCW 15.30.040 Annual license fee.
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The application for an annual license to engage in the business of operating a controlled atmosphere storage warehouse or warehouses shall be accompanied by an annual license fee prescribed by the director by rule.[ 1988 c 254 s 6; 1961 c 29 s 4.]
RCW 15.30.050 Enforcement—Rules authorized, procedure.
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The director shall enforce and carry out the provisions of this chapter and may adopt the necessary rules to carry out its purposes. The adoption of rules shall be subject to the provisions of chapter 34.05 RCW, concerning the adoption of rules, as enacted or hereafter amended.[ …
RCW 15.30.060 Rules—Oxygen content, temperature, and time period to be maintained—Classification of fruits, vegetables as controlled atmosphere stored.
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The director shall adopt rules:(1) Prescribing the maximum amount of oxygen that may be retained in a sealed controlled atmosphere storage warehouse: PROVIDED, That such maximum amount of oxygen retained shall not exceed five percent when apples are stored in such controlled atmo…
RCW 15.30.070 License renewal date—Penalty for late renewal, exception.
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If an application for renewal of the license provided for in RCW 15.30.020 is not filed prior to September 1st of any one year, a penalty of two dollars and fifty cents shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license s…
RCW 15.30.080 Denial, suspension, revocation of license—Grounds—Hearing required.
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The director is authorized to deny, suspend, or revoke the license provided for in RCW 15.30.020 subsequent to a hearing, in any case in which he or she finds that there has been a failure or refusal to comply with the provisions of this chapter or rules adopted hereunder.[ 2010 …
RCW 15.30.090 Denial, suspension, revocation of license—Hearings subject to Administrative Procedure Act.
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All hearings for a denial, suspension, or revocation of the license provided for in RCW 15.30.020 shall be subject to the provisions of chapter 34.05 RCW concerning adjudicative proceedings.[ 1989 c 175 s 45; 1961 c 29 s 9.]Notes:Effective date—1989 c 175: See note following RCW …
RCW 15.30.100 Subpoenas—Witnesses and fees.
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The director may issue subpoenas to compel the attendance of witnesses and/or the production of books, documents and records, anywhere in the state in any hearing affecting the authority or privilege granted by a license issued under the provisions of this chapter. Witnesses shal…
RCW 15.30.110 Issuance of warehouse number—Use of letters "CA"—Marking containers with letters and number.
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The director when issuing a license to an applicant shall include a warehouse number which shall be preceded by the letters "CA". If the applicant in applying for a license includes a request for a specific warehouse number, the director shall issue such number to the applicant i…
RCW 15.30.120 Licensee to make daily determination of air components—Record, form, contents.
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The licensee shall make air component determinations as to the percentage of carbon dioxide, oxygen and temperature at least once each day. A record of such determinations shall be kept on a form prescribed by the director for a period of two years and shall include the following…
RCW 15.30.130 Identity of fruit and vegetables to be maintained by CA number and inspection number to retail market.
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The identity of any fruits or vegetables represented as having been stored in a room or warehouse subject to the provisions of this chapter shall be maintained, by the CA number issued to the licensee in whose warehouse such fruits and vegetables were stored and the state lot ins…
RCW 15.30.140 Maturity and condition standards may be higher than for fruit and vegetables not subject to chapter.
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The director may by rule establish condition and maturity standards for fruits or vegetables subject to the provisions of this chapter which may be higher than maturity and condition standards established for similar grades or classifications of such fruits or vegetables which ar…
RCW 15.30.150 Minimum condition and maturity standards for apples.
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Minimum condition and maturity standards for apples subject to the provisions of this chapter shall be the U.S. condition and maturity standards for export as provided in 7 Code of Federal Regulations 51.317 on February 21, 1961: PROVIDED, That the director may adopt any subseque…
RCW 15.30.160 Inspection, certification prior to using "CA" or similar designation—Eradication required, when.
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No person in this state shall place or stamp the letters "CA" or a similar designation in conjunction with a number or numbers upon any container or subcontainer of any fruits or vegetables, unless the director has inspected such fruits or vegetables and issued a state lot number…
RCW 15.30.170 Inspection, certification may be requested by financially interested person.
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Any person financially interested in any fruits or vegetables subject to the provisions of this chapter may apply to the director for inspection and certification as to whether such fruits or vegetables meet the requirements provided for in this chapter or rules adopted hereunder…
RCW 15.30.180 Fees for inspection and certification.
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The director shall prescribe the necessary fees to be charged to the licensee or owner for the inspection and certification of any fruits or vegetables subject to the provisions of this chapter or rules adopted hereunder. The fees provided for in this section shall become due and…
RCW 15.30.190 Certificate as evidence.
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Every inspection certificate issued by the director under the provisions of this chapter shall be received in all courts of the state as prima facie evidence of the statement therein.[ 1961 c 29 s 19.]
RCW 15.30.200 Disposition of fees.
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All moneys collected under the provisions of this chapter for the inspection and certification of any fruits or vegetables subject to the provisions of this chapter shall be handled and deposited in the manner provided for in chapter 15.17 RCW, as enacted or hereafter amended, fo…
RCW 15.30.210 Unlawful sales, acts, or use of words "controlled atmosphere storage" and terms of similar import.
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It shall be unlawful for any person to sell, offer for sale, hold for sale, or transport for sale any fruits or vegetables represented as having been exposed to "controlled atmosphere storage" or to use any such term or form of words or symbols of similar import unless such fruit…
RCW 15.30.220 Injunctions authorized.
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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 in the county in which such violation occurs or is about to occur, notwithstanding the existence of…
RCW 15.30.230 Chapter cumulative and nonexclusive.
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The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.[ 1961 c 29 s 23.]
RCW 15.30.240 Prior civil or criminal liability not affected.
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The enactment of this chapter shall not have the effects of terminating, or in any way modifying any liability, civil or criminal, which shall already be in existence on February 21, 1961.[ 1961 c 29 s 24.]
RCW 15.30.250 Penalties for violating chapter.
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(1) Except as provided in subsection (2) of this section, any person violating the provisions of this chapter or rules adopted hereunder is guilty of a misdemeanor.(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a prev…
RCW 15.30.260 Cooperation, agreements with other governmental agencies.
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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.[ 1961 c 29 s 26.]
RCW 15.30.900 Fruits and vegetables in storage prior to enactment of chapter.
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Any fruits or vegetables now in controlled atmosphere storage and removed after February 21, 1961 may be marked, shipped, represented and sold as having been exposed to controlled atmosphere storage if such fruits and vegetables meet the requirements of this chapter and the rules…
RCW 15.35.010 Short title.
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This chapter may be known and cited as the Washington state milk pooling act to provide for equitable pricing and pooling among producers and processors of milk and milk products.[ 1993 c 345 s 1; 1971 ex.s. c 230 s 1.]
RCW 15.35.030 Declaration of public interest.
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It is hereby declared that:(1) Milk is a necessary article of food for human consumption;(2) The production, distribution, and maintenance of an adequate supply of healthful milk of proper chemical and physical content, free from contamination, is vital to the public health and w…
RCW 15.35.060 Purposes.
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The purposes of this chapter are to:(1) Authorize and enable the director to prescribe marketing areas and to establish pricing and pooling arrangements which are necessary to prevent disorderly marketing of milk due to varying factors of costs of production, health regulations, …
RCW 15.35.070 Powers conferred to be liberally construed—Monopoly—Price setting.
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It is the intent of the legislature that the powers conferred in this chapter shall be liberally construed. Nothing in this chapter shall be construed as permitting or authorizing the development of conditions of monopoly in the production or distribution of milk, nor shall this …
RCW 15.35.080 Definitions.
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For the purposes of this chapter:(1) "Department" means the department of agriculture of the state of Washington;(2) "Director" means the director of the department or the director's duly appointed representative;(3) "Person" means a natural person, individual, firm, partnership,…
RCW 15.35.090 Milk control between states.
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(1) The director shall in carrying out the provisions of this chapter and any marketing plan thereunder confer with the legally constituted authorities of other states of the United States, and the United States department of agriculture, for the purpose of seeking uniformity of …
RCW 15.35.100 Director's authority—Subpoena power—Rules.
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Subject to the provisions of this chapter, the director is hereby vested with the authority:(1) To investigate all matters pertaining to the production, processing, storage, transportation, and distribution of milk and milk products in the state, and shall have the authority to:(…
RCW 15.35.105 Minimum milk price—Competition from outside the marketing area.
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(1) In establishing a minimum milk price or a formula to determine a minimum milk price, as provided under RCW 15.35.060 and 15.35.100, the director shall, in addition to other appropriate criteria, consider the:(a) Cost of producing fluid milk for human consumption;(b) Transport…
RCW 15.35.110 Referendum on establishing or discontinuing market area pooling arrangement.
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(1) The director, either upon his or her own motion or upon petition by ten percent of the producers in any proposed area, shall conduct a hearing to determine whether to establish or discontinue a market area pooling arrangement. Upon determination by the director that in order …
RCW 15.35.115 Referendum on establishing or discontinuing market area pooling arrangement—Producer-dealers.
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(1) Not less than sixty days before a referendum creating a market area and pooling plan with quotas is to be conducted under RCW 15.35.110, the director shall notify each producer-dealer regarding the referendum. Any producer-dealer may choose to vote on the referendum and each …
RCW 15.35.120 Qualifications for producers to sign petitions or vote in referendums.
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(1) The producers qualified to sign a petition, or to vote in any referendum concerning a market pool, shall be all those producers shipping milk to the market area on a regular supply basis and who would or do receive or pay equalization in an existing market pool in a market ar…