Title 20 — Title 20 COMMISSION MERCHANTS—AGRICULTURAL PRODUCTS
1 chapters · 75 sections in this title.
RCW 20.01.440 Commission merchant's copy of records to be retained—Inspection—Department's certificate of condition, quality, etc.
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Every commission merchant shall retain a copy of all records covering each transaction for a period of three years from the date thereof, which copy shall at all times be available for, and open to, the confidential inspection of the director and the consignor, or authorized repr…
RCW 20.01.450 Claims against seller by dealer, cash buyer—Credit to dealer, cash buyer against consignor—Certificate of proof.
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No claim may be made as against the seller of agricultural products by a dealer or cash buyer under this chapter, and no credit may be allowed to such dealer or cash buyer as against a consignor of agricultural products by reason of damage to, or loss, dumping, or disposal of agr…
RCW 20.01.460 Prohibited acts—Penalties.
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(1) Any person who violates the provisions of this chapter or fails to comply with the rules adopted under this chapter is guilty of a gross misdemeanor, except as provided in subsections (2) through (4) of this section.(2) Any commission merchant, dealer, or cash buyer, or any p…
RCW 20.01.465 Time of sale requirement—Unlawful practice.
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(1) In the preparation and use of written contracts, it is unlawful for a commission merchant to include in such contracts a requirement that a consignor give up all involvement in determining the time the consignor's agricultural products will be sold.(2) Subsection (1) of this …
RCW 20.01.470 Action to enjoin violation of chapter.
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The director may bring an action to enjoin the violation or the threatened violation of any provision of this chapter or of any order made pursuant to this chapter in the superior court in the county in which such violation occurs or is about to occur.[ 1959 c 139 s 47.]
RCW 20.01.475 Licensee under chapter—Prima facie evidence acting as licensee handling agricultural products.
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It shall be prima facie evidence that a licensee licensed under the provisions of this chapter is acting as such in the handling of any agricultural product.[ 2011 c 103 s 40; 1971 ex.s. c 182 s 13; 1967 c 240 s 43.]Notes:Purpose—2011 c 103: See note following RCW 15.26.120.
RCW 20.01.480 Violations resulting in improper or nonpayment—Charges.
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When a violation has occurred which results in improper payment or nonpayment and a claim is made to the department and the payment is secured through the actions of the department, the charges made to the consignor for the action of the department in the matter will depend upon …
RCW 20.01.482 Civil infractions—Notice—Misdemeanors.
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(1) The director shall have the authority to issue a notice of civil infraction if an infraction is committed in his or her presence or, if after investigation, the director has reasonable cause to believe an infraction has been committed.(2) It is a misdemeanor for any person to…
RCW 20.01.484 Civil infractions—Response to notice.
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(1) Any person who receives a notice of infraction shall respond to such notice as provided in this section within fifteen days of the date of the notice.(2) Any employee or agent of a licensee under this chapter is fully authorized to accept a notice of infraction on behalf of t…
RCW 20.01.486 Civil infractions—Hearing to contest charge—Order—Appeal.
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A hearing held for the purpose of contesting the determination that an infraction has been committed shall be held without jury. The court may consider the notice of infraction and any other written report submitted by the director. The person named in the notice may subpoena wit…
RCW 20.01.488 Civil infractions—Informal hearing on mitigating circumstances—Order—No appeal.
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A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person named in the notice may not subpoena witnesses. The determination that the infraction has been committed…
RCW 20.01.490 Civil infractions—Monetary penalty—Failure to pay, misdemeanor.
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(1) Any person found to have committed a civil infraction under this chapter shall be assessed a monetary penalty. No monetary penalty so assessed may exceed five thousand dollars. The director shall adopt a schedule of monetary penalties for each violation of this chapter classi…
RCW 20.01.500 "Grower," "processor" defined—Application of exemption contained in RCW 20.01.030(1).
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Notwithstanding any other provision of law, for the purposes of RCW 20.01.510 through 20.01.550 the term "grower" and the term "processor" shall have the meanings ascribed thereto by this section:(1) "Grower" means any person, firm, company, or other organization that is engaged …
RCW 20.01.510 Processor's form showing maximum processing capacity.
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In order to carry out the purposes of this chapter, the director may require a processor to annually complete a form prescribed by the director, which, when completed, will show the maximum processing capacity of each plant operated by the processor in the state of Washington. Su…
RCW 20.01.520 Processor to have grower contracts and commitments on file.
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By a date or dates prescribed prior to planting time by the director, the director, in order to carry out the purposes of this chapter, may require a processor to have filed with the director:(1) A copy of each contract the processor has entered into with a grower for the purchas…
RCW 20.01.530 Grower may file form showing crops processor is committed to purchase.
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Any grower may file with the director on a form prescribed by him or her the acres of crops and/or quantity of crops to be harvested during the present or next growing season, which he or she understands a processor has orally committed himself or herself to purchase.[ 2011 c 336…
RCW 20.01.540 Committing to purchase more crops than plants can process—Violation.
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Any processor who, from the information filed with the director, appears to or has committed himself or herself either orally or in writing to purchase more crops than his or her plants are capable of processing shall be in violation of this chapter and his or her dealer's licens…
RCW 20.01.550 Discrimination by processor.
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Any processor who discriminates between growers with whom he or she contracts as to price, conditions for production, harvesting, and delivery of crops which is not supportable by economic cost factors shall be in violation of this chapter and the director may subsequent to a hea…
RCW 20.01.560 Effective date of RCW 20.01.500 through 20.01.550.
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RCW 20.01.500 through 20.01.550 shall take effect beginning on September 1, 1972.[ 1971 ex.s. c 182 s 21.]
RCW 20.01.570 Cash or other security in lieu of surety bond.
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In lieu of the surety bond required under the provisions of this chapter, an applicant or licensee may file with the director a deposit consisting of cash or other security acceptable to the director. The director may adopt rules and regulations necessary for the administration o…
RCW 20.01.610 Authority to stop vehicle violating chapter—Failure to stop, civil infraction.
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The director may establish points of inspection for vehicles transporting agricultural products on the public roads of this state. Vehicles transporting agricultural products on the public roads of this state are subject to inspection and must stop at any posted inspection point …
RCW 20.01.900 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.[ 1959 c 139 s 48.]
RCW 20.01.920 Effective date—1959 c 139.
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The effective date of this chapter shall be January 1, 1960.[ 1959 c 139 s 50.]
RCW 20.01.930 Repealer.
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Chapter 14, Laws of 1955 as amended by section 4, chapter 262, Laws of 1955, section 3, chapter 262, Laws of 1955, sections 1 and 2, chapter 262, Laws of 1955 and RCW 20.04.010 through 20.04.120, 20.08.010 through 20.08.110, 20.12.020 through 20.12.040, 20.16.010 through 20.16.04…
RCW 20.01.940 Repealer—Savings—1979 ex.s. c 115.
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Section 10, chapter 102, Laws of 1974 ex. sess., section 12, chapter 304, Laws of 1977 ex. sess. and RCW 20.01.445 are each repealed.Such repeals shall not be construed as affecting any existing right acquired under the statutes repealed, nor as affecting any proceeding institute…