Title 15 — Title 15 AGRICULTURE AND MARKETING

(1) The commission shall hold regular meetings, at least quarterly, with the time, date, and place to be determined prior to the new calendar year and published in the state register as required in RCW 42.30.075.(2) The commission may call special meetings as provided for in RCW …

(1) A majority of the voting members constitute a quorum for the transaction of all business and for carrying out the duties of the commission.(2) A member of the commission shall not receive any salary or other compensation from the commission, except that each member of the com…

(1) The Washington grain commission is the successor in interest to the Washington wheat commission and the Washington barley commission and is vested with all powers and duties transferred to it under this chapter and other such powers and duties as may be authorized by law.(2) …

(1) The commission is an agency of the Washington state government subject to oversight by the director. In exercising its powers and duties, the commission shall carry out the following purposes:(a) To establish plans and conduct programs for advertising and sales promotion, to …

(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 and promotion of wheat and…

(1) Except as provided in subsection (2) of this section, all rule-making proceedings conducted under this chapter must be in accordance with chapter 34.05 RCW.(2) Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310 and 43.135.055 an…

(1) The commission may receive donations of liquor produced from wheat or barley grown in Washington and may use the liquor for the promotional purposes specified in subsection (2) of this section.(2) The commission may engage directly or indirectly in the promotion of liquor pro…

(1) The restrictive provisions of chapter 43.19 RCW do not apply to promotional printing and literature for the commission.(2) All promotional printing contracts entered into by the commission must be executed and performed under conditions of employment that substantially confor…

(1) All money received by the commission from the assessment levied under this chapter and all moneys transferred to the commission under RCW 15.115.130(2) must be deposited in the banks designated by the commission and disbursed by order of the commission. RCW 43.01.050 does not…

Unless covered by a blanket bond covering officials or employees of the state of Washington, every administrator, employee, or other person occupying a position of trust for the commission and every commission member actually handling or drawing upon funds shall give a bond in th…

(1) Obligations incurred by the commission and any other liabilities or claims against the commission are enforceable only against the assets of the commission and, except to the extent of those assets, liability for the debts or actions of the commission does not exist against e…

Copies of the proceedings, records, and acts of the commission, when certified by the chair, are admissible in any court as prima facie evidence of the truth of the statements contained therein.[ 2009 c 33 s 23.]

(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…

(1) The commission shall reimburse the department for all costs incurred by the department for actions necessary to carry out this chapter, including the adoption of rules, facilitating or conducting nominations or advisory votes, and the review and approval required under RCW 15…

(1) The commission shall prepare a list of all producers of wheat and a list of all producers of barley, which must include for each producer his or her name and address and the amount, by unit, of wheat or barley produced during the past three years.(2) The commission shall prep…

(1)(a) The initial annual assessments are the amounts most recently approved by referendum by wheat producers and barley producers and effective at the time the grain commission is established:(i) The initial annual assessment on wheat is three-fourths of one percent of the net r…

(1) The collection of the assessment made and levied by the commission must be paid by the producer upon all commercial quantities of wheat and all commercial quantities of barley sold, processed, stored, or delivered for sale, processing, or storage by the producer. However, an …

(1) All moneys collected or otherwise received by the commission under this chapter must be used solely by and for the commission and may not be used for any other commission or the department, except as otherwise provided in this chapter. These moneys must be deposited in accoun…

(1) Any funds of the 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 those accounts by the federal deposit insurance corporation.(2) Thi…

(1) To prove eligibility to vote or hold a position on the commission, each producer must show records of sales of commercial quantities of wheat or barley sold within the past three years if requested by the commission.(2) Each handler shall keep a complete and accurate record o…

(1) It is a misdemeanor for any person willfully to:(a) Violate or aid in the violation of this chapter or rules adopted under this chapter;(b) Submit a false or fraudulent report, statement, or record required by the director or the commission under this chapter or rules adopted…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Board" means the state liquor and cannabis board.(2) "Licensee facilities" means any premises regulated by the board for producing, processing, or retailing cannabis o…

(1) The department may adopt rules establishing:(a) Standards for cannabis and cannabis products produced and processed in a manner consistent with, to the extent practicable, 7 C.F.R. Part 205;(b) A self-sustaining program for certifying cannabis producers and cannabis processor…

(1) No cannabis or cannabis product may be labeled, sold, or represented as produced or processed under the standards established under this chapter unless produced or processed by a person certified by the department under the program established under this chapter.(2) No person…

(1) The department may inspect licensee facilities to verify compliance with this chapter and rules adopted under it.(2) The department may deny, suspend, or revoke a certification provided for in this chapter if the department determines that an applicant or certified person has…

Information about cannabis producers, cannabis processors, and cannabis retailers otherwise exempt from public inspection and copying under chapter 42.56 RCW is also exempt from public inspection and copying if submitted to or used by the department.[ 2022 c 16 s 18; 2017 c 317 s…

All fees collected under this chapter must be deposited in an account within the agricultural local fund. The revenue from the fees must be used solely for carrying out the provisions of this chapter, and no appropriation is required for disbursement from the fund.[ 2017 c 317 s …

The purpose of this chapter is to protect the public from adulteration, misbranding, and false advertisement of food in intrastate commerce. The intent is to promote uniformity with federal law, governmental transparency, and regulatory fairness.[ 2018 c 236 s 1.]

(1) All references to a federal statute in this chapter mean the statute and its implementing regulations existing on June 7, 2018, or the date of such subsequent version as the department may adopt by rule.(2) Where the referenced federal statute refers to the "secretary," the m…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Advertisement" means all representations, other than by labeling, that directly or indirectly induce, or are likely to induce, the purchase of food.(2) "Carrier" means…

(1) The department must do all acts and things necessary to carry out and enforce the provisions of this chapter.(2) The department must adopt rules as necessary to implement the purpose and provisions of this chapter.(a) To the extent feasible, the rules must promote uniformity …

Chapter 34.05 RCW governs the administration of this chapter including but not limited to rule making, assessment of civil penalties, orders, emergency actions, and license suspension, revocation, or denial.[ 2018 c 236 s 104.]

(1) Food in transit from one processing facility to another processing facility to complete its preparation for sale is exempt from the labeling requirements of this chapter, but is otherwise subject to all applicable provisions of this chapter.(2) This chapter is not applicable …

The following information or records obtained from the federal food and drug administration pursuant to a contract or commissioning agreement is exempt from public inspection and copying under chapter 42.56 RCW to the extent it is exempt from disclosure under 5 U.S.C. Sec. 552, t…

(1) A person may not:(a) Cause or intend to cause adulteration of food in intrastate commerce;(b) Sell, process, or store adulterated food in intrastate commerce; or(c) Receive for the purpose of sale in intrastate commerce food known to be adulterated.(2) Food is adulterated if …

(1) A person may not:(a) Cause or intend to cause misbranded food in intrastate commerce;(b) Sell, process, or store misbranded food in intrastate commerce; or(c) Receive for the purpose of sale in intrastate commerce food known to be misbranded.(2) Food is misbranded if it is mi…

(1) A person may not disseminate false advertising with respect to food within the state, in any manner or by any means or through any medium.(2) An advertisement of a food is false if it is false or misleading in any particular or if it is false or misleading within the meaning …

A person may not change, mutilate, destroy, obliterate, or remove any part of food labeling, or do any other act that results in a food being adulterated or misbranded after shipment in intrastate commerce and while the food is held for sale.[ 2018 c 236 s 204.]

A person may not knowingly or intentionally give a false guarantee or falsely warrant that food complies with this chapter.[ 2018 c 236 s 205.]

(1) All perishable packaged foods in intrastate commerce with a projected shelf life of thirty days or less must state a pull date on the package.(2) The pull date must be stated by month and day and be in a style and format that is readily decipherable by consumers.(3) A person …

(1) Theaters and other commercial food establishments that prepare and sell popcorn for human consumption must post a sign in a conspicuous location identifying whether butter or butter-like flavoring added to or attributed to the popcorn offered for sale is butter or some other …

(1) Unless otherwise provided, the provisions in this section apply to a license or certificate issued under this chapter.(2) Applicants for a new or renewal license issued by the department must submit applications on forms prescribed by the department.(3) The license fee must a…

(1) A person may not operate as a direct seller without a license issued by the department.(2) A licensed direct seller must transport food under conditions that protect food against physical, chemical, and microbial contamination, as well as against deterioration of the food and…

(1) Any person authorized by the department to operate a food facility must provide the department access for inspection to any part, portion, or area of the food facility or its records subject to the authorization.(2) When possible, the department must make any such inspection …

(1) The department may deny, suspend, or revoke a license issued by the department upon determining that an applicant or licensee has:(a) Refused, neglected, or failed to comply with the provisions of this chapter or the rules adopted under it, or a lawful order of the department…

(1) At reasonable times, the department may enter any food facility to inspect such food facility and all pertinent equipment, finished and unfinished materials, containers, labeling, and advertisements and take samples for compliance with this chapter and the rules adopted under…

(1) Regardless of the existence of other remedies at law, the department may bring an action to enjoin the violation of this chapter or the rules adopted under it in the superior court of Thurston county or in a court of competent jurisdiction.(2) When the injunction concerns dis…

(1) If the department has probable cause to believe that a food that violates a provision of this chapter and stopping its movement in intrastate commerce is necessary to protect public health, the department may initiate an embargo prohibiting transportation, distribution, or sa…

Consistent with constitutional requirements, the department may take condemnation action against food, which may include ordering destruction of the food, if the department has probable cause to believe that immediate containment or destruction of the food is necessary to protect…

(1) If a class of food manufactured, processed, or packed in a locality is possibly contaminated with microorganisms injurious to health and the extent of injury cannot be determined once the food has entered into intrastate commerce, the department may adopt emergency rules for …