Title 15 — Title 15 AGRICULTURE AND MARKETING
49 chapters · 1,005 sections in this title.
RCW 15.66.100 Contents of marketing order.
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A marketing order shall define the area of the state to be covered by the order which may be all or any portion of the state; shall contain provisions for establishment of a commodity commission and administration and operation and powers and duties of same; shall provide for ass…
RCW 15.66.105 Certain records exempt from public disclosure—Exemptions—Actions not prohibited by chapter.
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(1) Pursuant to RCW 42.56.380, certain agricultural business records, commodity commission records, and department of agriculture records relating to commodity commissions and producers of agricultural commodities are exempt from public disclosure.(2) Financial and commercial inf…
RCW 15.66.110 Commodity commission—Composition—Terms.
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(1) Every marketing order shall establish a commodity commission composed of not less than five nor more than fifteen members. Commission members shall be citizens and residents of this state if required by the marketing order, and over the age of eighteen. Not more than one comm…
RCW 15.66.113 When director appoints majority of the commission—Nominations—Advisory vote—Notice—Director selects either of two candidates receiving the most votes.
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(1) This section applies when the director appoints a majority of the positions of the commission as set forth under RCW 15.66.110(3).(2) Candidates for director-appointed positions on a commission shall be nominated under RCW 15.66.120(1).(3) Not less than sixty days nor more th…
RCW 15.66.120 Commodity commission—Nominations—Elections—Vacancies.
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(1) Not less than ninety days nor more than one hundred and five days prior to the beginning of each term of each elected commission member, notice shall be mailed to all affected producers with a call for nominations in accordance with this section and provisions of the marketin…
RCW 15.66.123 After any vote, referendum, nomination, or election—Affected parties provided results—Disputes.
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(1) Upon completion of any vote, referendum, or nomination and elections, the department shall tally the results of the vote and provide the results to affected parties.(2) If an affected party disputes the results of a vote, that affected party, within sixty days from the announ…
RCW 15.66.130 Commodity commission—Meetings—Quorum—Compensation—Travel expenses for members and employees.
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Each commodity commission shall hold such regular meetings as the marketing order may prescribe or that the commission by resolution may prescribe, together with such special meetings that may be called in accordance with provisions of its resolutions upon reasonable notice to al…
RCW 15.66.140 Commodity commission—Powers and duties.
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Every commodity commission shall have such powers and duties in accordance with provisions of this chapter as may be provided in the marketing order and shall have the following powers and duties:(1) To elect a chair and such other officers as determined advisable;(2) To adopt, r…
RCW 15.66.141 Commission's plans, programs, and projects—Director's approval required.
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(1) Each commodity 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 and promotion o…
RCW 15.66.142 Commission speaks for state—Director's oversight.
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Each commission organized under a marketing order adopted under this chapter exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges each commission, with oversight by the director, to speak on behalf of Washington…
RCW 15.66.143 Lists of all affected producers and handlers—Affected parties responsible for accuracy—Use of lists.
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(1) Each commodity commission shall prepare a list of all affected producers from any information available from the department, producers, producer associations, organizations, or handlers of the affected commodity. This list shall contain the names and addresses of all affected…
RCW 15.66.145 Members may belong to association with same objectives—Contracts with associations authorized.
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Any member of an agricultural commission may also be a member or officer of an association which has the same objectives for which the agricultural commission was formed. An agricultural commission may also contract with such association for services necessary to carry out any pu…
RCW 15.66.150 Annual assessments—Rate—Collection.
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There is hereby levied, and there shall be collected by each commission, upon each and every unit of any agricultural commodity specified in any marketing order an annual assessment which shall be paid by the producer thereof upon each and every such unit sold, processed, stored,…
RCW 15.66.153 Promotional hosting expenditures—Rules.
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Agricultural commodity commissions shall adopt rules governing promotional hosting expenditures by commodity commission employees, agents, or commission members under RCW 15.04.200.[ 2002 c 313 s 59.]Notes:Effective dates—2002 c 313: See note following RCW 15.65.020.
RCW 15.66.157 When commodity commission is terminated—Duties of affected commodity commission.
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If after complying with the procedures outlined in this chapter and a referendum proposal to terminate a commodity commission is assented to, the affected commodity commission shall:(1) Document the details of all measures undertaken to terminate the commodity commission and iden…
RCW 15.66.160 Annual assessments—Disposition of revenue.
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Moneys collected by any commodity commission pursuant to any marketing order from any assessment for marketing purposes or as an advance deposit thereon shall be used by the commission only for the purpose of paying for the costs or expenses arising in connection with carrying ou…
RCW 15.66.170 Annual assessments—Payments—Civil action to enforce.
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Any due and payable assessment herein levied, and every sum due under any marketing order in a specified amount shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the commission when payment is cal…
RCW 15.66.180 Expenditure of funds collected.
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All moneys which are collected or otherwise received pursuant to each marketing order created under this chapter shall be used solely by and for the commodity commission concerned and shall not be used for any other commission, nor the department except as otherwise provided in t…
RCW 15.66.185 Investment of agricultural commodity commission funds in savings or time deposits of banks, trust companies, and mutual savings banks.
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(1) Any funds of any agricultural commodity commission may be invested in savings or time deposits in banks, trust companies, and mutual savings banks that are doing business in the United States, up to the amount of insurance afforded such accounts by the Federal Deposit Insuran…
RCW 15.66.190 Official bonds required.
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Every administrator, employee or other person occupying a position of trust under any marketing order and every member actually handling or drawing upon funds shall give a bond in such penal amount as may be required by the affected commission or by the order, the premium for whi…
RCW 15.66.200 Petition for modification or exemption—Hearing—Appeal from ruling.
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An affected producer subject to a marketing order may file a written petition with the director stating that the order, agreement, or program or any part thereof is not in accordance with the law, and requesting a modification thereof or exemption therefrom. He or she shall there…
RCW 15.66.210 Unlawful acts—Penalties—Injunctions—Investigations.
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It shall be a misdemeanor for:(1) Any person wilfully to violate any provision of this chapter or any provision of any marketing order duly issued by the director pursuant to this chapter.(2) Any person wilfully to render or furnish a false or fraudulent report, statement of reco…
RCW 15.66.220 Compliance with chapter a defense in any action.
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In any civil or criminal action or proceeding for violation of any rule of [or] statutory or common law against monopolies or combinations in restraint of trade, proof that the act complained of was done in compliance with the provisions of this chapter or a marketing order issue…
RCW 15.66.230 Liability of commission, state, etc.
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Obligations incurred by any commission and any other liabilities or claims against the commission shall be enforced only against the assets of such commission in the same manner as if it were a corporation and no liability for the debts or actions of the commission shall exist ag…
RCW 15.66.240 Marketing agreements.
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Marketing agreements shall be created upon written application filed with the director by not less than five commercial producers of an agricultural commodity and upon approval of the director. The director shall hold a public hearing upon such application. Not less than five day…
RCW 15.66.245 Marketing agreement or order—Authority for participation in proceedings concerning regulation of pesticides or agricultural chemicals.
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Any marketing agreement or order may authorize the members of a commodity commission, or their agents or designees, to participate in federal or state hearings or other proceedings concerning regulation of the manufacture, distribution, sale, or use of any pesticide as defined by…
RCW 15.66.250 Price fixing and product limiting prohibited.
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Nothing contained in this chapter shall permit fixing of prices not otherwise permitted by law or any limitation on production and no marketing order or agreement or any rule or regulation thereunder shall contain any such provisions.[ 1961 c 11 s 15.66.250. Prior: 1955 c 191 s 2…
RCW 15.66.260 Costs of conducting nominations and elections—Reimbursement.
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The department shall be reimbursed for actual costs incurred in conducting nominations and elections for members of any commodity commission established under the provisions of this chapter. Such reimbursement shall be made from the funds of the commission for which the nominatio…
RCW 15.66.263 Costs of implementing RCW 15.66.141.
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The costs incurred by the department of agriculture that are associated with the implementation of RCW 15.66.141 shall be paid for by the affected commodity commissions.[ 2003 c 396 s 8.]Notes:Effective date—2003 c 396: See note following RCW 15.66.030.
RCW 15.66.270 Exempt commissions—Marketing agreements and orders.
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This chapter does not apply to any provision of the statutes of the state of Washington relating to the Washington apple commission (chapter 15.24 RCW), to the soft tree fruits commission (chapter 15.28 RCW), to the dairy products commission (chapter 15.44 RCW), or to the Washing…
RCW 15.66.275 Applicability of chapter to state agencies or other governmental units.
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The provisions of this chapter and any marketing order established thereunder shall be applicable to any state agency or other governmental unit engaged in the production for sale of any agricultural commodity subject to such marketing order, especially those relating to RCW 15.6…
RCW 15.66.280 Restrictive provisions of chapter 43.19 RCW not applicable to promotional printing and literature of commissions.
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The restrictive provisions of chapter 43.19 RCW shall not apply to promotional printing and literature for any commission formed under this chapter.[ 2015 c 225 s 11; 1972 ex.s. c 112 s 5.]Notes:
RCW 15.66.900 Short title.
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This chapter shall be known and may be cited as the "Washington Agricultural Enabling Act."[ 1961 c 11 s 15.66.900. Prior: 1955 c 191 s 29.]
RCW 15.70.010 Director may receive federal funds for rural rehabilitation corporation.
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The director of the state department of agriculture is hereby designated as the state official of the state of Washington to make application to and receive from the secretary of agriculture of the United States, or any other proper federal official, pursuant and subject to the p…
RCW 15.70.020 Director may delegate certain powers to secretary of agriculture.
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The director of agriculture is authorized, in his or her discretion, to enter into agreements with the secretary of agriculture of the United States pursuant to section 2(f) of the aforesaid act of the congress of the United States, upon such terms and conditions and for such per…
RCW 15.70.030 Deposit and use of funds.
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Notwithstanding any other provisions of law, funds and the proceeds of the trust assets which are not authorized to be administered by the secretary of agriculture of the United States under the provisions of RCW 15.70.020 shall be received by the director of agriculture and by h…
RCW 15.70.040 Powers of director—In general.
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The director of agriculture is authorized and empowered to:(1) Collect, compromise, adjust, or cancel claims and obligations arising out of or administered under this chapter or under any mortgage, lease, contract, or agreement entered into or administered pursuant to this chapte…
RCW 15.70.050 No liability as to United States.
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The United States and the secretary of agriculture thereof, shall be held free from liability by virtue of the transfer of the assets to the director of agriculture of the state of Washington pursuant to this chapter.[ 1961 c 11 s 15.70.050. Prior: 1951 c 169 s 5.]
RCW 15.74.005 Legislative purpose.
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The legislature recognizes that the economic base of the state of Washington is directly tied to the development and management of forest industries and that efforts to enhance and promote the recognition and expansion of the hardwoods industry should be coordinated between state…
RCW 15.74.010 Commission created.
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In recognition of the findings and purposes in RCW 15.74.005, there is created the Washington hardwoods commission, which is created solely for the purposes set forth in this chapter. The commission shall be comprised of seven members. All members shall be members of the hardwood…
RCW 15.74.020 Commission authority.
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The commission shall have the power, duty, and responsibility to assist in the retention, expansion, and attraction of hardwood-related industries by creating a climate for development and support of the industry. The commission shall coordinate efforts to enhance and promote the…
RCW 15.74.030 Commission management.
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The commission shall have the power to elect a chair and such officers as the commission deems necessary and advisable. The commission shall elect a treasurer who shall be responsible for all receipts and disbursements by the commission. The treasurer's faithful discharge of duti…
RCW 15.74.040 Financial requirements.
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The commission shall maintain an account with one or more public depositaries, and may deposit moneys in the depositary and expend moneys for purposes authorized by this chapter in the form of drafts made by the commission. The commission shall keep accurate records of all receip…
RCW 15.74.050 Obligations, liabilities, and claims.
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Obligations incurred by the commission and liabilities or claims against the commission shall be enforced only against the assets of the commission in the same manner as if it were a corporation and no liability for the debts or actions of the commission shall exist against eithe…
RCW 15.74.060 Assessments—Adjustment for inflation.
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To provide for permanent funding of the Washington hardwoods commission, agricultural commodity assessments shall be levied by the commission on processors of hardwoods.An assessment is hereby levied on hardwood processors operating within the state of Washington. The assessment …
RCW 15.74.070 Assessments—Failure to pay.
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Any due and payable assessment levied under this chapter in such specified amount as may be determined by the commission shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the commission when payme…
RCW 15.76.100 Declaration of public interest—Allocation of state funds authorized.
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It is hereby declared that it is in the public interest to hold agricultural fairs, including the exhibition of livestock and agricultural produce of all kinds, as well as related arts and manufactures; including products of the farm home and educational contest, displays, and de…
RCW 15.76.110 Definitions.
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(1) "Agricultural fair" means a fair or exhibition which is intended to promote agriculture and support rural economic development by including a balanced variety of exhibits of livestock and agricultural products, as well as related arts and manufactures; including products of t…
RCW 15.76.115 Fair fund—Created—Treasurer's transfer—Purpose.
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(1) The fair fund is created in the custody of the state treasury.(2)(a) All moneys received by the department of agriculture for the purposes of this fund and from *RCW 67.16.105 shall be deposited into the fund. Each fiscal year, the state treasurer shall transfer into the fair…
RCW 15.76.120 Categories of fairs.
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The following categories of agricultural fairs held in the state may be eligible for state allocations:(1) Area fairs, which serve an area larger than one county; have both open and junior participation and an extensive diversification of classes, displays, and exhibits; and are …