Title 15 — Title 15 AGRICULTURE AND MARKETING

For the purpose of RCW 15.44.085, class I and class II milk sold means milk from cows produced by a producer as defined in RCW 15.44.010 and utilized as follows:(1) Class I milk shall be all skim milk and butterfat:(a) Sold in the form of fluid milk product subject to the followi…

All assessments shall be collected by the first dealer and deducted from the amount due the producer, and all moneys so collected shall be paid to the treasurer of the commission on or before the twentieth day of the succeeding month for the previous month's collections, and depo…

Each dealer or shipper shall keep a complete and accurate record of all milk or cream handled by him or her. The record shall be in such form and contain such information as the commission shall prescribe, and shall be preserved for a period of two years, and be submitted for ins…

(1) Each dealer and shipper shall at such times as by rule required file with the commission a return under oath on forms to be furnished by the commission, stating the quantity of dairy products handled, processed, manufactured, delivered, and shipped, and the quantity of all mi…

(1) In order to adequately advertise and market Washington dairy products in the domestic, national and foreign markets, and to make such advertising and marketing research and development as extensive as public interest and necessity require, and to put into force and effect the…

The commission is authorized to adopt rules governing promotional hosting expenditures by commission employees, agents, or board members under RCW 15.04.200.[ 2002 c 313 s 99.]Notes:Effective dates—2002 c 313: See note following RCW 15.65.020.

(1) The commission through its agents may inspect the premises and records of any carrier, handler, dealer, manufacturer, processor, or distributor of dairy products for the purpose of enforcing this chapter.(2) The commission has the authority to issue subpoenas for the producti…

Any action by the commission administrator, member, employee, or agent thereof pertaining to the performance or nonperformance or misperformance of any matters or things authorized, required, or permitted by this chapter, and any other liabilities, debts, or claims against the co…

All state and county law enforcement officers and all employees and agents of the department shall enforce this chapter.[ 1961 c 11 s 15.44.160. Prior: 1939 c 219 s 16; RRS s 6266-16.]

Whoever violates or aids in the violation of the provisions of this chapter shall be guilty of a gross misdemeanor.[ 1961 c 11 s 15.44.170. Prior: 1939 c 219 s 14; RRS s 6266-14.]

The superior courts are hereby vested with jurisdiction to enforce this chapter and to prevent and restrain violations thereof.[ 1961 c 11 s 15.44.180. Prior: 1939 c 219 s 15; RRS s 6266-15.]

(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…

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…

The costs incurred by the department of agriculture associated with the implementation of RCW 15.44.061 shall be paid for by the commission.[ 2003 c 396 s 31.]Notes:Effective date—2003 c 396: See note following RCW 15.66.030.

This chapter shall be liberally construed.[ 1961 c 11 s 15.44.910. Prior: 1939 c 219 s 17, part; RRS s 6266-17, part.]

As used in this chapter:(1) "Seed bailment contract" means any bailment contract for the increase of agricultural seeds where the bailor retains title to seed, seed stock, plant life and the seed crop resulting therefrom.(2) "Bailee" is any tenant farmer or landowner or both, who…

Seed bailment contracts for the increase of agricultural seeds shall not create a security interest under the terms of the Uniform Commercial Code, chapter 62A.9A RCW. No filing, recording, or notice of a seed bailment contract shall be required under any of the laws of the state…

All payments of money required by the terms of a seed bailment contract to be made by a bailor to a bailee shall be subject to security interests perfected as required by *chapter 62A.9 RCW, as amended, and all agricultural liens provided for and perfected in accordance with Titl…

The purpose of this chapter is to provide uniformity and consistency in the packaging of agricultural, vegetable, and flower seeds so as to facilitate the interstate movement of seed, to protect consumers, and to provide a dispute-resolution process. The department of agriculture…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Advertisement" means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this chapter…

(1) The department shall establish by rule standards and label requirements for the following seed types: Agricultural seed (including grass, lawn, and turf seed), flower seed, and vegetable seed.(2) The standards and label requirements shall be divided into the following categor…

In addition to the requirements contained in RCW 15.49.021, each seed label shall contain the following:(1) The name and address of the person who labeled the seed and who sells, offers, or exposes the seed for sale within the state;(2) Lot number identification;(3) Seed origin;(…

Every person who fails to comply with this chapter or the rules adopted under it may be subjected to a civil penalty, as determined by the director, in an amount of not more than two thousand dollars for every such violation. Each and every such violation shall be a separate and …

(1) It is unlawful for any person to sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, or flower seeds within this state unless the test to determine the percentage of germination is completed within a fifteen-month period prior to sale, pr…

(1) The provisions of this chapter do not apply to cannabis seed. For the purposes of this subsection, "cannabis" has the same meaning as defined in RCW 69.50.101.(2) The provisions of RCW 15.49.011 through 15.49.051 do not apply:(a) To seed or grain not intended for sowing purpo…

(1) When a buyer is damaged by the failure of any seed covered by this chapter to produce or perform as represented by the required label, by warranty, or as a result of negligence, the buyer, as a prerequisite to maintaining a legal action against the dealer of such seed, shall …

(1) To submit a claim for mediation, the buyer shall make and file a sworn complaint against the dealer alleging the damages sustained. The sworn complaint may take the form of a declaration or affidavit. The buyer shall send a copy of the complaint to the dealer by United States…

The department shall administer, enforce, and carry out the provisions of this chapter and may adopt regulations necessary to carry out its purpose. The adoption of regulations shall be subject to a public hearing and all other applicable provisions of chapter 34.05 RCW (Administ…

(1) All screenings, removed in the cleaning or conditioning of seeds, which contain prohibited or restricted noxious weed seeds shall be removed from the seed conditioning plant only under conditions that will prevent weed seeds from being dispersed into the environment.(2) The d…

Upon application for a permit to condition certified seed, the department shall inspect the seed conditioning facilities of the applicant to determine that genetic purity and identity of seed conditioned can be maintained. Upon approval, the department shall issue a seed conditio…

The seed labeling registrant whose name appears on the label shall:(1) Keep, for a period of two years after the date of final disposition, complete records of each lot of seed distributed: PROVIDED, That the file sample of each lot of seed distributed need be kept for only one y…

The department shall have the authority to:(1) Sample, inspect, make analysis of, and test seeds distributed within this state at such time and place and to such extent as it may deem necessary to determine whether such seeds are in compliance with the provisions of this chapter.…

(1) No person may distribute seeds without having obtained a dealer's license for each regular place of business. However, a license is not required of a person who distributes seeds only in sealed packages of eight ounces or less, packed by a seed labeling registrant and bearing…

If an application for renewal of the dealer's license provided for in RCW 15.49.380, is not filed prior to the business license expiration date, the business license delinquency fee must be assessed under chapter 19.02 RCW and must be paid by the applicant before the renewal lice…

(1) No person shall label seed for distribution in this state without having obtained a seed labeling permit. The seed labeling registrant shall be responsible for the label and the seed contents. The application for a seed labeling permit shall be submitted to the department on …

(1) When the department has determined or has probable cause to suspect that any lot of seed or screenings is mislabeled and/or is being distributed in violation of this chapter or regulations adopted hereunder, it may issue and enforce a written or printed "stop sale, use or rem…

No state court shall allow the recovery of damages from administrative action taken or for stop sales or seizures under RCW 15.49.410 if the court finds that there was probable cause for such action.[ 1969 c 63 s 42.]

The department is hereby authorized to apply for, and the court authorized to grant, a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any regulations promulgated under this chapter, notwith…

All moneys collected under the provisions of this chapter shall be paid to the director and deposited in an account within the agricultural local fund. Such deposits shall be used only in the administration and enforcement of this chapter. Any residual balance remaining in the se…

The department may cooperate with and enter into agreements with other governmental agencies, whether of this state, other states, or agencies of the federal government, and with private associations, in order to carry out the purposes and provisions of this chapter.[ 1969 c 63 s…

The enactment of this chapter shall not have the effect of terminating or in any way modifying any liability, civil or criminal, which shall already be in existence on July 1, 1969.[ 1969 c 63 s 49.]

The repeal of sections 15.48.010 through 15.48.260 and 15.48.900, chapter 11, Laws of 1961 and RCW 15.48.010 through 15.48.260 and 15.48.900 and the enactment of this 1969 act shall not be deemed to have repealed any regulations adopted under the provisions of sections 15.48.010 …

RCW 15.49.020 through * 15.49.950 shall be known as the "Washington State Seed Act."[ 1969 c 63 s 53.]Notes:*Reviser's note: RCW 15.49.950 was decodified pursuant to 2017 3rd sp.s. c 25 s 4.

The legislature finds that the growing, production, or formation of seed from plants of the genus Brassica for the purpose of producing seed, oil, biofuel or associated by-products, commercial vegetables, forage, or cover crops is in the interest of the public welfare. The legisl…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Brassica" means any plants in the genus Brassica.(2) "Brassica seed crop" means any commercial production of any species, hybrid, or variety of the genus Brassica that…

Any grower or processor of a Brassica seed crop may submit a petition to the director requesting establishment of a Brassica seed production district. The petition must include proposed geographic boundaries of the district and the proposed types of regulations for designated Bra…

(1) Any person who wishes to conduct an activity otherwise prohibited within a Brassica seed production district must first enter into a Brassica production agreement with the director. Each Brassica production agreement shall be developed by the applicant and the director in con…

The director may adopt rules necessary to carry out the purpose and provisions of this chapter concerning, but not limited to:(1) Brassica seed production districts;(2) Notification of a designated central clearinghouse for growers to report their intention to plant a Brassica se…

The director or any grower or processor of a Brassica seed crop grown within a Brassica seed production district may bring an action to enjoin the violation or threatened violation of any provision of this chapter or its rules, or any Brassica production agreement entered into by…

Chapter 34.05 RCW governs the rights, remedies, and procedures respecting the administration of this chapter, including rule making.[ 2007 c 181 s 7.]