Title 15 — Title 15 AGRICULTURE AND MARKETING

(1) When the director has probable cause to believe that milk or milk products are being sold, distributed, stored, or transported in violation of this chapter or rules adopted under this chapter, the director may issue and serve upon the owner or custodian of the milk or milk pr…

(1) It is unlawful for any person to sell raw milk from a dairy farm that is not licensed as a milk producer or a milk processing plant under this chapter.(2) The sale of raw milk from a dairy farm that is not licensed as a milk producer and a milk processing plant under this cha…

Tests performed by an official laboratory or an officially designated laboratory of a milk sample drawn by a department official or a licensed dairy technician shall be admitted as prima facie evidence of a violation in any proceeding to enforce this chapter.[ 1999 c 291 s 21.]

The director may bring an action to enjoin the violation of any provision of this chapter or any rule adopted under this chapter in the superior court of the county in which the defendant resides or maintains his or her principal place of business or Thurston county.[ 1999 c 291 …

All moneys received for licenses under this chapter shall be deposited in the agricultural local fund established under RCW 43.23.230.[ 2015 3rd sp.s. c 27 s 4; 2005 c 414 s 4; 1999 c 291 s 23; 1961 c 11 s 15.32.710. Prior: 1899 c 43 s 27; RRS s 6249. Formerly RCW 15.32.710.]Note…

(1) It is unlawful for any person to:(a) Interfere with or obstruct any person in the performance of official duties under this chapter;(b) Employ a tester, sampler, weigher, grader, or pasteurizer who is not licensed as a dairy technician;(c) Alter or tamper with a seal placed b…

The department may issue sanitary certificates to milk processing plants under this chapter subject to such requirements as it may establish by rule. The fee for issuance is seventy-five dollars per certificate beginning July 1, 2015. Fees collected under this section shall be de…

It is hereby declared that this chapter is enacted as an exercise of the police power of the state of Washington for the preservation of the public health and each and every section thereof shall be construed as having been intended to effect such purpose and not as having been i…

Nothing in this chapter shall be construed as affecting or being intended to effect a repeal of chapter 15.130 RCW or RCW 69.40.010 through 69.40.025, or of any of such sections, or of any part or provision of any such sections, and if any section or part of a section in this cha…

There is levied on all milk processed in this state an assessment not to exceed fifty-four one-hundredths of one cent per hundredweight. The director shall determine, by rule, an assessment, that with contribution from the general fund, will support an inspection program to maint…

(1) There is created a dairy inspection program advisory committee. The committee shall consist of eleven members appointed by the director. The director shall solicit nominations for members of the committee from Washington dairy producer organizations and milk processors. The c…

The department may, upon inspection, assess an inspection fee on any manufacturing facility that is required to be inspected under the PMO and does not satisfy the definition of "milk processing plant" as defined in this chapter, "food processing plant" as defined in RCW 69.07.01…

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…

The director shall enforce and carry out the provisions of this chapter and may adopt the necessary rules to carry out its purpose. 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.[ 1…

It shall be unlawful for any person to sell, offer for sale, hold for sale, or advertise for sale, trade, barter, or to give as an inducement for the sale of another product, milk, cream, or skim milk, for animal food consumption, which does not meet, or has not been produced and…

Application for a license 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 a receiver, trustee, firm, partnership, association, or corporation, the full name of each mem…

The application for an annual license to sell, offer for sale, hold for sale, or advertise for sale, trade, barter, or to give as an inducement for the sale of another product, milk, cream, or skim milk for animal food consumption shall be accompanied by a license fee of twenty-f…

If an application for renewal of a license provided for in RCW 15.37.030 is not filed prior to July 1st of any one year, a penalty of ten dollars shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued: PROVIDE…

The director is authorized to deny, suspend, or revoke the license provided for in RCW 15.37.030 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 c…

All hearings for a denial, suspension, or revocation of a license provided for in RCW 15.37.030 shall be subject to the provisions of chapter 34.05 RCW concerning adjudicative proceedings.[ 1989 c 175 s 50; 1961 c 285 s 8.]Notes:Effective date—1989 c 175: See note following RCW 3…

The director may issue subpoenas to compel the attendance of witnesses and/or the production of books, documents, and records in the county in which the person licensed under this chapter resides in any hearing affecting the authority or privileges granted by a license issued und…

It shall be unlawful for any person to sell, offer for sale, hold for sale, advertise for sale, trade, barter, or to give as an inducement for the sale of another product, any milk, cream, or skim milk, for animal food consumption which does not meet, or has not been produced und…

It shall be unlawful to sell, offer for sale, hold for sale, trade, barter, or to offer as an inducement for the sale of another product, milk, cream, or skim milk subject to the provisions of this chapter in containers which are not labeled in a conspicuous location readily visi…

The director or his or her duly authorized representative may enter, during reasonable business hours, any premises where milk, cream, or skim milk subject to the provisions of this chapter is produced, handled, distributed, sold, offered for sale, held for sale, or used for the …

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 any other remedy at law.[ 1961 c 285 s 13.]

The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.[ 1961 c 285 s 14.]

Any person violating the provisions of this chapter or rules adopted hereunder is guilty of a misdemeanor.[ 1961 c 285 s 15.]

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Commission" means the Washington state dairy products commission.(2) "Current level of assessment" means the level of assessment paid by the producer as set by the com…

The history, economy, culture, and the future of Washington state's agriculture involves the dairy industry. In order to develop and promote Washington's dairy products as part of an existing comprehensive scheme to regulate those products the legislature declares:(1) That the Wa…

The commission shall be composed of producers and at least one dealer. The director shall be a voting member of the commission.As used in this chapter, "director" means the director of agriculture or his or her authorized representative.[ 2012 c 107 s 2; 2008 c 12 s 1; 2003 c 396…

(1) The director shall appoint the members of the commission.(2) Candidates for producer member positions on the commission shall be nominated under RCW 15.44.033. The director may select a nominated candidate for a position or may reject all candidates.(3) If two candidates are …

(1) To accomplish the transition to the newly defined districts and areas as described in RCW 15.44.027, the initial producer appointments are as follows:(a) The current incumbent representing district one must be appointed to the new district four position with an expiration dat…

Any board member of the commission may be a member or officer of an association that has the same objectives for which the commission was formed. The commission may contract with the association for services necessary to carry out any purposes authorized under this chapter if an …

(1) One producer member of the commission must be appointed from each of the following districts or areas:(a) District one, which includes the counties of Whatcom, Skagit, Snohomish, San Juan, Island, and that portion of King county located north of Interstate 90;(b) District two…

Each of the producer members of the commission shall:(1) Be a citizen and resident of this state and the district or area which he or she represents; and(2) Be and for the five years last preceding his or her election have been actually engaged as an owner or shareholder in produ…

(1) Except as provided in this section for initial appointments after redistricting or boundary modification, the term of office of each producer member of the commission shall be three years. Commission members shall continue to serve their terms until new appointments are made.…

(1) Producer members of the commission shall be nominated by producers within the district or area that such producer members represent.(2) Nomination for candidates to be appointed to the commission shall be conducted by mail by the director. Such nomination forms shall be maile…

(1) The commission shall prior to each advisory vote, in sufficient time to satisfy the requirements of RCW 15.44.033, furnish the director with a list of all producers within the district or area for which the advisory vote is being held. The commission shall require each dealer…

(1) A majority of the commission members shall constitute a quorum for the transaction of all business and the performance of all duties of the commission.(2) Each member shall be compensated in accordance with RCW 43.03.230. Each member or employee shall be reimbursed for actual…

Copies of the proceedings, records and acts of the commission, when certified by the secretary, shall be admissible in any court and be prima facie evidence of the truth of the statements therein contained.[ 1961 c 11 s 15.44.040. Prior: 1959 c 163 s 9; prior: 1939 c 219 s 4, par…

The commission shall elect a manager, who is not a member, and fix his or her compensation; and shall appoint a secretary-treasurer, who shall sign all vouchers and receipts for all moneys received by the commission. The treasurer shall file with the commission a fidelity bond in…

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 …

The commission shall have the power and duty to:(1) Elect a chair and such other officers as it deems advisable, and adopt, rescind, and amend rules, regulations, and orders for the exercise of its powers, which shall have the effect of law when not inconsistent with existing law…

(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 for the advertising, promotion, and education …

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 Washington state government with regard to its particular commodities.[ 2…

(1) The commission shall reimburse the director for necessary costs for services conducted on behalf of the commission under this chapter.(2) The commission may enter into an agreement with the director to administer this chapter or chapter 34.05 RCW.[ 2002 c 313 s 91.]Notes:Effe…

The commission may establish foundations using commission funds as grant money when the foundation benefits the dairy products industry. Commission funds may only be used for the purposes authorized in this chapter.[ 2002 c 313 s 100.]Notes:Effective dates—2002 c 313: See note fo…

(1) Every rule or order made by the commission shall be filed with the director and published in two legal newspapers, one east and one west of the Cascade mountains, within ten days after it is adopted, and is effective as set forth under RCW 34.05.380.(2) Rule-making proceeding…

(1) There is hereby levied upon all milk produced in this state an assessment of:(a) 0.75 percent of class I price for 3.5 percent butter fat milk as established in any market area by a market order in effect in that area or by the state department of agriculture in case there is…

There is hereby levied on every hundredweight of class I or class II milk, as defined in RCW 15.44.087, sold by a dealer, including any milk sold by a producer who acts as a dealer, an assessment of:(1) Five-eighths of one cent per hundredweight. Such assessment shall be in addit…