Title 19 — Title 19 BUSINESS REGULATIONS—MISCELLANEOUS
111 chapters · 1,481 sections in this title.
RCW 19.84.030 Distributor liable.
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Any person engaged in any trade, business, or profession who shall distribute, deliver, or present to any person dealing with him or her, in consideration of any article or thing purchased, any stamp, trading stamp, cash discount stamp, check, ticket, coupon, or other similar dev…
RCW 19.84.040 Criminal penalty.
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Any person, firm or corporation who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and shall be fined not less than one hundred dollars nor more than one thousand dollars for each offense.[ 1907 c 253 s 4; RRS s 5840.]
RCW 19.85.011 Finding.
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The legislature finds that administrative rules adopted by state agencies can have a disproportionate impact on the state's small businesses because of the size of those businesses. This disproportionate impact reduces competition, innovation, employment, and new employment oppor…
RCW 19.85.020 Definitions.
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The definitions in this section apply through this chapter unless the context clearly requires otherwise.(1) "Industry" means all of the businesses in this state in any one four-digit standard industrial classification as published by the United States department of commerce, or …
RCW 19.85.025 Application of chapter—Limited.
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(1) Unless an agency receives a written objection to the expedited repeal of a rule, this chapter does not apply to a rule proposed for expedited repeal pursuant to RCW 34.05.353. If an agency receives a written objection to expedited repeal of the rule, this chapter applies to t…
RCW 19.85.030 Agency rules—Small business economic impact statement—Reduction of costs imposed by rule.
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(1)(a) In the adoption of a rule under chapter 34.05 RCW, an agency shall prepare a small business economic impact statement: (i) If the proposed rule will impose more than minor costs on businesses in an industry; or (ii) if requested to do so by a majority vote of the joint adm…
RCW 19.85.040 Small business economic impact statement—Purpose—Contents.
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(1) A small business economic impact statement must include a brief description of the reporting, recordkeeping, and other compliance requirements of the proposed rule, and the kinds of professional services that a small business is likely to need in order to comply with such req…
RCW 19.85.050 Agency plan for review of business rules—Scope—Factors applicable to review—Annual list.
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(1) Within one year after June 10, 1982, each agency shall publish and deliver to the office of financial management and to all persons who make requests of the agency for a copy of a plan to periodically review all rules then in effect and which have been issued by the agency wh…
RCW 19.85.061 Compliance with federal law.
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Unless so requested by a majority vote of the joint administrative rules review committee under RCW 19.85.030, an agency is not required to comply with this chapter when adopting any rule solely for the purpose of conformity or compliance, or both, with federal statute or regulat…
RCW 19.85.070 Small business economic impact statement—Notice of proposed rule.
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When any rule is proposed for which a small business economic impact statement is required, the adopting agency must provide notice to small businesses of the proposed rule through:(1) Direct notification of known interested small businesses or trade organizations affected by the…
RCW 19.86.010 Definitions.
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As used in this chapter:(1) "Person" shall include, where applicable, natural persons, corporations, trusts, unincorporated associations and partnerships.(2) "Trade" and "commerce" shall include the sale of assets or services, and any commerce directly or indirectly affecting the…
RCW 19.86.020 Unfair competition, practices, declared unlawful.
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Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.[ 1961 c 216 s 2.]Notes:Hearing instrument dispensing, advertising, etc.—Application: RCW 18.35.180.
RCW 19.86.023 Violation of RCW 15.86.030 constitutes violation of RCW 19.86.020.
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Any violation of RCW 15.86.030 shall also constitute a violation under RCW 19.86.020.[ 1985 c 247 s 7.]
RCW 19.86.030 Contracts, combinations, conspiracies in restraint of trade declared unlawful.
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Every contract, combination, in the form of trust or otherwise, or conspiracy in restraint of trade or commerce is hereby declared unlawful.[ 1961 c 216 s 3.]Notes:Monopolies and trusts prohibited: State Constitution Art. 12 s 22.
RCW 19.86.040 Monopolies and attempted monopolies declared unlawful.
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It shall be unlawful for any person to monopolize, or attempt to monopolize or combine or conspire with any other person or persons to monopolize any part of trade or commerce.[ 1961 c 216 s 4.]
RCW 19.86.050 Transactions and agreements not to use or deal in commodities or services of competitor declared unlawful when lessens competition.
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It shall be unlawful for any person to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, or services, whether patented or unpatented, for use, consumption, enjoyment, or resale, or fix a price charged therefor, or d…
RCW 19.86.060 Acquisition of corporate stock by another corporation to lessen competition declared unlawful—Exceptions—Judicial order to divest.
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It shall be unlawful for any corporation to acquire, directly or indirectly, the whole or any part of the stock or assets of another corporation where the effect of such acquisition may be to substantially lessen competition or tend to create a monopoly in any line of commerce.Th…
RCW 19.86.070 Labor not an article of commerce—Chapter not to affect mutual, nonprofit organizations.
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The labor of a human being is not a commodity or article of commerce. Nothing contained in this chapter shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capi…
RCW 19.86.080 Attorney general may restrain prohibited acts—Costs—Restoration of property.
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(1) The attorney general may bring an action in the name of the state, or as parens patriae on behalf of persons residing in the state, against any person to restrain and prevent the doing of any act herein prohibited or declared to be unlawful; and the prevailing party may, in t…
RCW 19.86.085 Establishment of investigation unit—Receipt and use of criminal history information.
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There is established a unit within the office of the attorney general for the purpose of detection, investigation, and prosecution of any act prohibited or declared to be unlawful under this chapter. The attorney general will employ supervisory, legal, and investigative personnel…
RCW 19.86.090 Civil action for damages—Treble damages authorized—Action by governmental entities.
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Any person who is injured in his or her business or property by a violation of RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050, or 19.86.060, or any person so injured because he or she refuses to accede to a proposal for an arrangement which, if consummated, would be in violation …
RCW 19.86.093 Civil action—Unfair or deceptive act or practice—Claim elements.
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In a private action in which an unfair or deceptive act or practice is alleged under RCW 19.86.020, a claimant may establish that the act or practice is injurious to the public interest because it:(1) Violates a statute that incorporates this chapter;(2) Violates a statute that c…
RCW 19.86.095 Request for injunctive relief—Appellate proceeding—Service on the attorney general.
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In any proceeding in which there is a request for injunctive relief under RCW 19.86.090, the attorney general shall be served with a copy of the initial pleading alleging a violation of this chapter. In any appellate proceeding in which an issue is presented concerning a provisio…
RCW 19.86.100 Assurance of discontinuance of prohibited act—Approval of court—Not considered admission.
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In the enforcement of this chapter, the attorney general may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter, from any person engaging in, or who has engaged in, such act or practice. Any such assurance shall be in writing and be f…
RCW 19.86.110 Demand to produce documentary materials for inspection, answer written interrogatories, or give oral testimony—Contents—Service—Unauthorized disclosure—Return—Modification, vacation—Use—Penalty.
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(1) Whenever the attorney general believes that any person (a) may be in possession, custody, or control of any original or copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document…
RCW 19.86.115 Materials from a federal agency or other state's attorney general.
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Whenever the attorney general receives documents or other material from:(1) A federal agency, pursuant to its subpoena or Hart-Scott-Rodino authority; or(2) Another state's attorney general, pursuant to that state's presuit investigative subpoena powers,the documents or materials…
RCW 19.86.120 Limitation of actions—Tolling.
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Any action to enforce a claim for damages under RCW 19.86.090 shall be forever barred unless commenced within four years after the cause of action accrues: PROVIDED, That whenever any action is brought by the attorney general for a violation of RCW 19.86.020, 19.86.030, 19.86.040…
RCW 19.86.130 Final judgment to restrain is prima facie evidence in civil action—Exceptions.
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A final judgment or decree rendered in any action brought under RCW 19.86.080 by the state of Washington to the effect that a defendant has violated RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050, or 19.86.060 shall be prima facie evidence against such defendant in any action bro…
RCW 19.86.140 Civil penalties.
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Every person who shall violate the terms of any injunction issued as in this chapter provided, shall forfeit and pay a civil penalty of not more than $125,000.Every person who violates RCW 19.86.030 or 19.86.040 shall pay a civil penalty of up to three times the unlawful gains or…
RCW 19.86.145 Penalties—Animals used in biomedical research.
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Any violation of RCW 9.08.070 through 9.08.078 or 16.52.220 constitutes an unfair or deceptive practice in violation of this chapter. The relief available under this chapter for violations of RCW 9.08.070 through 9.08.078 or 16.52.220 by a research institution shall be limited to…
RCW 19.86.150 Dissolution, forfeiture of corporate franchise for violations.
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Upon petition by the attorney general, the court may, in its discretion, order the dissolution, or suspension or forfeiture of franchise, of any corporation which shall violate RCW 19.86.030 or 19.86.040 or the terms of any injunction issued as in this chapter provided.[ 1961 c 2…
RCW 19.86.160 Personal service of process outside state.
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Personal service of any process in an action under this chapter may be made upon any person outside the state if such person has engaged in conduct in violation of this chapter which has had the impact in this state which this chapter reprehends. Such persons shall be deemed to h…
RCW 19.86.170 Exempted actions or transactions—Stipulated penalties and remedies are exclusive.
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Nothing in this chapter shall apply to actions or transactions otherwise permitted, prohibited or regulated under laws administered by the insurance commissioner of this state, the Washington utilities and transportation commission, the federal power commission or actions or tran…
RCW 19.86.180 Mailing materials that interfere with census.
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Mailing materials with the intent to deceive a person into believing that the material is an official census communication, interfere with the operation of the census, or discourage a person from participating in the census constitutes an unfair or deceptive practice under this c…
RCW 19.86.910 Short title.
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This act shall be known and designated as the "Consumer Protection Act."[ 1961 c 216 s 19.]
RCW 19.86.920 Purpose—Interpretation—Liberal construction—Saving—1985 c 401; 1983 c 288; 1983 c 3; 1961 c 216.
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The legislature hereby declares that the purpose of this act is to complement the body of federal law governing restraints of trade, unfair competition and unfair, deceptive, and fraudulent acts or practices in order to protect the public and foster fair and honest competition. I…
RCW 19.91.300 Cigarettes—Sales below cost prohibited.
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No person licensed to sell cigarettes under chapter 82.24 RCW may sell cigarettes below the actual price paid. Violations of this section constitute unfair or deceptive acts or practices under the consumer protection act, chapter 19.86 RCW.[ 1986 c 321 s 13.]Notes:Policy—Intent—S…
RCW 19.94.005 Findings.
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The legislature finds:(1) The accuracy of weighing and measuring instruments and devices used in commerce in the state of Washington affects every consumer throughout the state and is of vital importance to the public interest.(2) Fair weights and measures are equally important t…
RCW 19.94.010 Definitions—Director may prescribe by rule.
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(1) The definitions in this section apply throughout this chapter and to any rules adopted pursuant to this chapter unless the context clearly requires otherwise.(a) "Charging session" means an event starting when a user or a vehicle initiates a refueling event and stops when a u…
RCW 19.94.015 Commercial use of instrument or device—Registration—Fees.
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(1) Except as provided in subsection (4) of this section for the initial registration of an instrument or device, no weighing or measuring instrument or device may be used for commercial purposes in the state unless its commercial use is registered annually. If its commercial use…
RCW 19.94.150 Standards recognized.
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The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one or both of these systems shall be used for all commercial purposes in this state. The definitions of basic units of weight…
RCW 19.94.160 State standards.
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Physical weights and measures standards that conform to the standards of the United States obtained by the state for use as state weights and measures standards are the primary standards for weight and measure, when certified as such by the national institute of standards and tec…
RCW 19.94.163 Testing by department—Ensuring enforcement—Issuance of seal of approval—Exception.
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(1) Except as provided in subsection (3) of this section and *RCW 19.94.190(1)(d), the department shall test and inspect each biennium a sufficient number of weighing and measuring instruments and devices to ensure that the provisions of this chapter are enforced.(2) The departme…
RCW 19.94.175 Registration—Inspection and testing—Fees—Report.
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(1) Pursuant to RCW 19.94.015, the following annual registration fees shall be charged for each weighing or measuring instrument or device used for commercial purposes in this state:(a)Weighing devices:(i)Small scales "zero to four hundred pounds capacity" . . . .$16.00(ii)Interm…
RCW 19.94.185 Deposit of moneys—Weights and measures account—General fund.
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(1) Except as provided in subsection (2) of this section, all moneys collected under this chapter shall be payable to the director and placed in the weights and measures account hereby established in the agricultural local fund. Moneys deposited in this account shall be used sole…
RCW 19.94.190 Enforcement—Rules—Penalties.
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(1) The director and duly appointed city sealers must enforce the provisions of this chapter.(2) The department's enforcement proceedings under this chapter are subject to the requirement to provide technical assistance in chapter 43.05 RCW and the administrative procedure act, c…
RCW 19.94.205 Correct and incorrect—Instruments, devices, weights, measures—When deemed.
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All weighing or measuring instruments or devices used for commercial purposes within this state must be correct. For the purposes of this chapter, weighing or measuring instruments or devices and weights and measures standards are deemed to be "correct" when they conform to all a…
RCW 19.94.216 Department inspection—City sealer—Fees.
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The department must biennially inspect and test the secondary weights and measures standards of any city having a city sealer appointed under this chapter and must issue an official seal of approval for the same when found to be correct. The department must, by rule, establish a …
RCW 19.94.220 Investigations.
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In promoting the general objective of ensuring accuracy of weighing or measuring instruments or devices and the proper representation of weights and measures in commercial transactions, the director or a city sealer shall, upon his or her own initiative and as he or she deems app…
RCW 19.94.230 Inspections and tests to determine conformity to law—Off sale order—Marks, tags, stamps.
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(1) The director or a city sealer may, from time to time, inspect and test packages or amounts of commodities kept, offered, exposed for sale, sold, or in the process of delivery to determine whether the same contain the amounts represented and whether they are kept, offered, exp…