RCW 17.21.030 — Washington Code / Title 15 / Chapter 21 / Section 030
RCW 17.21.030: Director's authority—Rules.
Status: in_force

The director shall administer and enforce the provisions of this chapter and rules adopted under this chapter. (1) The director may adopt rules: (a) Governing the loading, mixing, application and use, or prohibiting the loading, mixing, application, or use of any pesticide; (b) Governing the time when, and the conditions under which restricted use pesticides shall or shall not be used in different areas as prescribed by the director in the state; (c) Providing that any or all restricted use pesticides shall be purchased, possessed or used only under permit of the director and under the director's direct supervision in certain areas and/or under certain conditions or in certain quantities of concentrations; however, any person licensed to sell such pesticides may purchase and possess such pesticides without a permit; (d) Establishing recordkeeping requirements for licensees, permittees, and certified applicators; (e) Governing the fixing and collecting of examination fees; (f) Fixing and collecting fees for recertification course sponsorship; (g) Establishing testing procedures, licensing classifications, and requirements for licenses and permits, and criteria for assigning recertification credit to and procedures for department approval of courses as provided by this chapter; (h) Concerning training by employers for employees who mix and load pesticides; (i) Concerning minimum performance standards for spray boom and nozzles used in pesticide applications to minimize spray drift and establishing a list of approved spray nozzles that meet these standards; and (j) Fixing and collecting permit fees. (2) The director may adopt any other rules necessary to carry out the purpose and provisions of this chapter.Cost for the purpose of this chapter, shall be that price paid for fresh fruit by the seller or the actual replacement cost for such fresh fruit: PROVIDED, That the delivered invoice price to such seller shall be prima facie evidence of the price paid for such fresh fruit by the seller.
RCW 15.89.130 — Washington Code / Title 15 / Chapter 89 / Section 130
RCW 15.89.130: Assessment constitutes debt—Penalty for nonpayment—Civil action.
Status: in_force

An assessment levied in an amount determined by the commission under RCW 15.89.110 constitutes a personal debt of every person assessed or who otherwise owes the assessment, and the assessment is due and payable to the commission when payment is called for by the commission. If a producer fails to pay the commission the full amount of the assessment by the date due, the commission may add to the unpaid assessment an amount not exceeding ten percent of the assessment to defray the cost of enforcing its collection. If the person fails to pay an assessment, the commission may bring a civil action for collection against the person or persons in a court of competent jurisdiction. The action shall be tried and judgment rendered as in any other cause of action for a debt due and payable.
RCW 15.88.130 — Washington Code / Title 15 / Chapter 88 / Section 130
RCW 15.88.130: Annual assessment on harvested vinifera grapes—Approval by referendum—Rules.
Status: in_force

(1) Pursuant to approval by referendum in accordance with RCW 15.88.140 , commencing on July 1, 1989, there shall be levied, and the commission shall collect, upon all vinifera grapes grown within this state an annual assessment of three dollars per ton of vinifera grapes harvested to be paid by the grower of the grapes. (2) The commission shall recommend rules to the director prescribing the time, place, and method for payment and collection of this assessment. For such purpose, the commission may recommend that the director, by rule, require the wine producers or handlers within this state to collect the grower assessments from growers whose vinifera grapes they purchase or accept delivery and remit the assessments to the commission, and provide for collecting assessments from growers who ship directly out of state. (3) After considering any recommendations made under subsection (2) of this section, the director shall adopt rules, in accordance with chapter 34.05 RCW, prescribing the time, place, and method for the payment and collection of the assessment levied under this section and approved under RCW 15.88.140 .
RCW 22.09.120 — Washington Code / Title 15 / Chapter 09 / Section 120
RCW 22.09.120: Insurance—Cancellation procedure—Suspension of license.
Status: in_force

(1) Upon the existence of an effective policy of insurance as required in RCW 22.09.110 , the insurance company involved shall be required to give thirty days' advance notice to the department by registered mail or certified mail return receipt requested of any cancellation of the policy. In the event of any cancellation, the department, without hearing, shall immediately suspend the license of such person, and the suspension shall not be removed until satisfactory evidence of the existence of an effective policy of insurance, conditioned as above set out, has been submitted to the department.Any moneys collected under this chapter shall be placed in the county current expense fund together with any taxes collected pursuant to the provisions of RCW 15.08.260 , as now or hereafter amended.
RCW 15.80.580 — Washington Code / Title 15 / Chapter 80 / Section 580
RCW 15.80.580: Weighing devices—Platform size to sufficiently accommodate vehicles.
Status: in_force

No weighmaster shall weigh a vehicle or combination of vehicles to determine the weight of such vehicle or combination of vehicles unless the weighing device has a platform of sufficient size to accommodate such vehicle or combination of vehicles fully and completely as one entire unit. When a combination of vehicles must be broken up into separate units in order to be weighed as prescribed, each separate unit shall be entirely disconnected before weighing and a separate certified weight ticket shall be issued for each separate unit.
RCW 15.13.285 — Washington Code / Title 15 / Chapter 13 / Section 285
RCW 15.13.285: Nursery dealer licenses—Fee surcharge.
Status: in_force

The director may, with the advice of the nursery advisory committee, establish by rule a surcharge to the fee for a nursery dealer license. The surcharge shall not exceed twenty percent of the license fee and shall be paid at the same time that the license fee is paid. Moneys collected from the surcharge shall be deposited in the agricultural local fund and shall be used solely to support research projects which are of general benefit to the nursery industry and are recommended by the nursery advisory committee.
RCW 15.26.235 — Washington Code / Title 15 / Chapter 26 / Section 235
RCW 15.26.235: Collection, administration, and disbursal of funds for industry service programs.
Status: in_force

Funds collected and expenditures made for specific industry service programs shall be collected, administered, and dispersed [disbursed] separately from all other funds authorized and collected for research by the commission. The commission may appoint a committee to advise them regarding the need for specific industry service programs and regarding the administration of the assessments collected under RCW 15.26.155 .
RCW 15.64.050 — Washington Code / Title 15 / Chapter 64 / Section 050
RCW 15.64.050: Small farm direct marketing assistance program—Created—Duties.
Status: in_force

(1) The small farm direct marketing assistance program is created. (2) The director shall employ a small farm direct marketing assistant. (3) The small farm direct marketing assistance program shall assist small farms in their direct marketing efforts. In carrying out this duty the program shall: (a) Assist small farms in complying with federal, state, and local rules and regulations as they apply to direct marketing of agricultural products; (b) Assist in developing infrastructure to increase direct marketing opportunities for small farms; (c) Provide information on direct marketing opportunities for small farms; (d) Promote localized food production systems; (e) Increase access to information for farmers wishing to sell farm products directly to consumers; (f) Identify and help reduce market barriers facing small farms in direct marketing; (g) Assist in developing and submitting proposals to grant programs to assist small farm direct marketing efforts; and (h) Perform other functions that will assist small farms in directly marketing their products.
RCW 15.14.035 — Washington Code / Title 15 / Chapter 14 / Section 035
RCW 15.14.035: Inspection of property, premises, or records—Denial of access—Search warrant.
Status: in_force

In order to carry out the purposes of this chapter, the director may enter at reasonable times as determined by the director and inspect any property or premises and any records required under this chapter. If the director is denied access to any property, premises, or records, the director may suspend, cancel, or refuse certification or other approval of the planting stock or may apply to a court of competent jurisdiction for a search warrant authorizing access to the property, premises, or records. The court may upon the application issue a search warrant for the purpose requested.
RCW 15.66.140 — Washington Code / Title 15 / Chapter 66 / Section 140
RCW 15.66.140: Commodity commission—Powers and duties.
Status: in_force

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, rescind, and amend rules and regulations reasonably necessary for the administration and operation of the commission and the enforcement of its duties under the marketing order; (3) To administer, enforce, direct and control the provisions of the marketing order and of this chapter relating thereto; (4) To employ and discharge at its discretion such administrators and additional personnel, attorneys, advertising and research agencies and other persons and firms that it may deem appropriate and pay compensation to the same; (5) To acquire personal property and purchase or lease office space and other necessary real property and transfer and convey the same; (6) To institute and maintain in its own name any and all legal actions, including actions by injunction, mandatory injunction or civil recovery, or proceedings before administrative tribunals or other governmental authorities necessary to carry out the provisions of this chapter and of the marketing order; (7) To keep accurate records of all its receipts and disbursements, which records shall be open to inspection and audit by the state auditor or private auditor designated by the state auditor at least every five years; (8) Borrow money and incur indebtedness; (9) Make necessary disbursements for routine operating expenses; (10) To expend funds for commodity-related education, training, and leadership programs as each commission deems expedient; (11) To work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes provided in the commission's marketing order; (12) To enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local, to carry out the purposes provided in the commission's marketing order. Personal service contracts must comply with *chapter 39.29 RCW; (13) To accept and expend or retain any gifts, bequests, contributions, or grants from private persons or private and public agencies to carry out the purposes provided in the commission's marketing order; (14) To enter into contracts or agreements for research in the production, irrigation, processing, transportation, marketing, use, or distribution of an affected commodity; (15) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of a commission. The retention of a private attorney is subject to review by the office of the attorney general; (16) To engage in appropriate fund-raising activities for the purpose of supporting activities of the commission authorized by the marketing order; (17) To participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, irrigation, manufacture, regulation, transportation, distribution, sale, or use of affected commodities including activities authorized under RCW 42.17A.635 , including the reporting of those activities to the public disclosure commission; (18) To maintain a list of the names and addresses of affected producers that may be compiled from information used to collect assessments under the provisions of the marketing order and data on the value of each producer's production for a minimum three-year period; (19) To maintain a list of the names and addresses of persons who handle the affected commodity within the affected area and data on the amount and value of the commodity handled for a minimum three-year period by each person; (20) To request records and audit the records of producers or handlers of the affected commodity during normal business hours to determine whether the appropriate assessment has been paid; (21) To acquire or own intellectual property rights, licenses, or patents and to collect royalties resulting from commission-funded research related to the affected commodity; and (22) Such other powers and duties that are necessary to carry out the purposes of this chapter.
RCW 15.54.500 — Washington Code / Title 15 / Chapter 54 / Section 500
RCW 15.54.500: Turf fertilizer—Prohibitions on application, sales, and retail display.
Status: in_force

(1) A person may not: (a) Except as otherwise provided in this section, apply turf fertilizer that is labeled as containing phosphorus to turf; (b) Apply turf fertilizer labeled as containing phosphorus to turf when the ground is frozen; (c) Intentionally apply turf fertilizer labeled as containing phosphorus to an impervious surface; (d) Except as otherwise provided in this section, sell turf fertilizer that is labeled as containing phosphorus; or (e) Display turf fertilizer that is labeled as containing phosphorus in a retail store unless the turf fertilizer is also clearly labeled for a use permitted by this section. (2) The prohibitions in this section on the application, sale, and retail display of turf fertilizer that is labeled as containing phosphorus, other than the prohibitions in subsection (1)(b) and (c) of this section, do not apply in the following instances: (a) Application for the purpose of establishing grass or repairing damaged grass, using either seeds or sod, during the growing season in which the grass is established; (b) Application to an area if the soil in the area is deficient in plant available phosphorus, as shown by a soil test performed no more than thirty-six months before the application; or (c) Application to pasture, interior house plants, flower and vegetable gardens located on either public or private property, land used to grow grass for sod, or any land used for agricultural or silvicultural production. (3) If a retailer can show proof that a product prohibited for sale under subsection (1)(d) and (e) of this section was in stock and physically in the retail location before January 1, 2012, that retail location may sell that product until it is sold out. (4)(a) Nothing in this section: (i) Requires the enforcement or monitoring of compliance with this section by local governments; or (ii) Requires local governments to participate in the administration of this section, including the verification of soil tests under subsection (2)(b) of this section. (b) A city or county may not adopt a local ordinance regarding the application or sale of turf fertilizer that is labeled as containing phosphorus that is less restrictive than this section.
RCW 15.26.260 — Washington Code / Title 15 / Chapter 26 / Section 260
RCW 15.26.260: Legal costs and expenses to be borne by commission.
Status: in_force

All legal costs and expenses that may be incurred in the collection of delinquent accounts owed this commission shall be borne by the commission; except as provided for otherwise in RCW 15.26.220 .
RCW 22.09.070 — Washington Code / Title 15 / Chapter 09 / Section 070
RCW 22.09.070: Warehouse licenses—Issuance—Posting—Duration.
Status: in_force

The department shall issue a warehouse license to an applicant upon its determination that the applicant has facilities adequate for handling and storage of commodities and, if applicable, conditioning, and that the application is in the proper form and upon approval of the matters contained on the application and upon a showing that the applicant has complied with the provisions of this chapter and rules adopted hereunder. The licensee shall immediately upon receipt of the license post it in a conspicuous place in the office of the licensed warehouse or if a station license, in the main office at the station. The license automatically expires on the date set by rule by the director unless it has been revoked, canceled, or suspended by the department before that date. Fees shall be prorated where necessary to accommodate the staggering of renewal dates of a license or licenses.Any authorized agent or employee of the county horticultural pest and disease board may enter upon any property for the purpose of administering this chapter and any power exercisable pursuant thereto, including the taking of specimens, general inspection, and the performance of such acts as are necessary for controlling and preventing the spreading of horticultural pests and diseases. Such entry may be without the consent of the owner, and no action for trespass or damages shall lie so long as such entry and any activities connected therewith are undertaken and prosecuted with reasonable care. Should any such employee or authorized agent of the county horticultural pest and disease board be denied access to such property where such access was sought to carry out the purpose and provisions of this chapter, the said board may apply to any court of competent jurisdiction for a search warrant authorizing access to such property for said purpose. The court may upon such application issue the search warrant for the purpose requested.
RCW 15.89.040 — Washington Code / Title 15 / Chapter 89 / Section 040
RCW 15.89.040: Director's duties—Referendum of beer producers.
Status: in_force

(1) Upon receipt of a petition containing the signatures of five beer producers from a statewide Washington state craft brewing trade association or from other producers to implement this chapter and to determine producer participation in the commission and assessment under this chapter, the director shall: (a) Conduct a referendum of beer producers. The requirements of assent or approval of the referendum are met if: (i) At least fifty-one percent by numbers of producers participating in the referendum vote affirmatively; and (ii) Thirty percent of the producers and thirty percent of the production have been represented in the referendum to determine assent or approval of participation and assessment. The referendum shall be conducted within sixty days of receipt of the petition; and (b) Establish a list of beer producers from information provided by the petitioners, by obtaining information on beer producers from applicable producer organizations or associations or other sources identified as maintaining the information. In establishing a current list of beer producers and their individual production, the director shall use the beer producer's name, mailing address, and production by the producer in the preceding fiscal year. Information on each producer shall be mailed to each beer producer on record with the director for verification. All corrections shall be filed with the director within twenty days from the date of mailing. The list of producers shall be kept in a file by the director. The list shall be certified as a true representation of the referendum mailing list. Inadvertent failure to notify a producer does not invalidate a proceeding conducted under this chapter. The director shall provide the commission the list of producers after assent in a referendum as provided in this section. (2) If the director determines that the requisite assent has been given in the referendum conducted under subsection (1) of this section, the director shall: (a) Within sixty days after assent of the referendum held, appoint the members of the commission; and (b) Direct the commission to put into force the assessment as provided for in RCW 15.89.110 . (3) If the director determines that the requisite assent has not been given in the referendum conducted under subsection (1) of this section, the director shall take no further action to implement or enforce this chapter. (4) Upon completion of the referendum conducted under subsection (1) of this section, the department shall tally the results of the vote and provide the results to producers. If a producer disputes the results of a vote, that producer within sixty days from the announced results, shall provide in writing a statement of why the vote is disputed and request a recount. Once the vote is tallied and distributed, all disputes are resolved, and all matters in a vote are finalized, the individual ballots may be destroyed. (5) Before conducting the referendum provided for in subsection (1) of this section, the director may require the petitioners to deposit with him or her an amount of money as the director deems necessary to defray the expenses of conducting the referendum. The director shall provide the petitioners an estimate of expenses that may be incurred to conduct a referendum before any service takes place. Petitioners shall deposit funds with the director to pay for expenses incurred by the department. The commission shall reimburse petitioners the amount paid to the department when funds become available. However, if for any reason the referendum process is discontinued, the petitioners shall reimburse the department for expenses incurred by the department up until the time the process is discontinued. (6) The director is not required to hold a referendum under subsection (1) of this section more than once in any twelve-month period.
RCW 15.49.380 — Washington Code / Title 15 / Chapter 49 / Section 380
RCW 15.49.380: Dealer's license to distribute seeds.
Status: in_force

(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 the name and address of the registrant. Moreover, a license is not required of any grower selling seeds of his or her own production exclusively. Such seed sold by such grower must be properly labeled as provided in this chapter. Each dealer's license costs one hundred twenty-five dollars, must be issued through the business license [licensing] system, must bear the date of issue, must expire on the business licensing [license] expiration date, and must be prominently displayed in each place of business. (2) Persons custom conditioning and/or custom treating seeds for others for remuneration are considered dealers for the purpose of this chapter. (3) Application for a license to distribute seed must be through the business licensing system and must include the name and address of the person applying for the license, the name of a person domiciled in this state authorized to receive and accept service or legal notices of all kinds, and any other reasonable and practical information prescribed by the department necessary to carry out the purposes and provisions of this chapter.
RCW 15.14.075 — Washington Code / Title 15 / Chapter 14 / Section 075
RCW 15.14.075: Agreements with Washington State University, governmental entities, and other organizations.
Status: in_force

The director may cooperate with and enter into agreements with Washington State University, the United States department of agriculture, other state and federal agencies, and any other organization in order to carry out the purposes and provisions of this chapter.
RCW 43.17.060 — Washington Code / Title 15 / Chapter 17 / Section 060
RCW 43.17.060: Departmental rules and regulations.
Status: in_force

The director of each department may prescribe rules and regulations, not inconsistent with law, for the government of his or her department, the conduct of its subordinate officers and employees, the disposition and performance of its business, and the custody, use, and preservation of the records, papers, books, documents, and property pertaining thereto.The director may adopt any United States or other state's standard for any fruits and vegetables, if that standard is determined by the director to be substantially equivalent to or better than the standard adopted under this chapter.
RCW 15.65.490 — Washington Code / Title 15 / Chapter 65 / Section 490
RCW 15.65.490: Records of financial transactions to be kept by director—Audits.
Status: in_force

The director and each of his or her designees shall keep or cause to be kept separately for each agreement and order in accordance with accepted standards of good accounting practice, accurate records of all assessments, collections, receipts, deposits, withdrawals, disbursements, paid outs, moneys, and other financial transactions made and done pursuant to such order or agreement, and the same shall be audited at least every five years subject to procedures and methods lawfully prescribed by the state auditor. The books and accounts maintained under every such agreement and order shall be closed as of the last day of each fiscal year of the state of Washington or of a fiscal year determined by the director. A copy of every such audit shall be delivered within thirty days after the completion thereof to the governor and the commodity board of the agreement or order concerned.
RCW 15.36.012 — Washington Code / Title 15 / Chapter 36 / Section 012
RCW 15.36.012: Definitions.
Status: in_force

For the purpose of this chapter: "Adulterated milk" means milk that is deemed adulterated under appendix L of the PMO. "Colostrum milk" means milk produced within ten days before or until practically colostrum free after parturition. "DMO" means supplement I, the recommended sanitation ordinance for grade A condensed and dry milk products and condensed and dry whey, to the PMO published by the United States public health service, food and drug administration. "Dairy farm" means a place or premises where one or more cows, goats, or other mammals are kept, a part or all of the milk or milk products from which is sold or offered for sale. "Dairy technician" means any person who takes samples of milk or cream or fluid derivatives thereof, on which sample tests are to be made as a basis of payment, or who grades, weighs, or measures milk or cream or the fluid derivatives thereof, the grade, weight, or measure to be used as a basis of payment, or who operates equipment wherein milk or products thereof are pasteurized. "Degrade" means the lowering in grade from grade A to grade C. "Department" means the state department of agriculture. "Director" means the director of agriculture of the state of Washington or the director's duly authorized representative. "Grade A milk processing plant" means any milk processing plant that meets all of the standards of the PMO to process grade A pasteurized milk or milk products. "Grade A pasteurized milk" means grade A raw milk that has been pasteurized. "Grade A raw milk" means raw milk produced upon dairy farms conforming with all of the items of sanitation contained in the PMO, in which the bacterial plate count does not exceed twenty thousand per milliliter and the coliform count does not exceed ten per milliliter as determined in accordance with RCW 15.36.201 . "Grade A raw milk for pasteurization" means raw milk produced upon dairy farms conforming with all of the same items of sanitation contained in the PMO of grade A raw milk, and the bacterial plate count, as delivered from the farm, does not exceed eighty thousand per milliliter as determined in accordance with RCW 15.36.201 . "Grade C milk" is milk that violates any of the requirements for grade A milk but that is not deemed to be adulterated. "Milk" means the lacteal secretion, practically free of colostrum, obtained by the complete milking of one or more healthy cows, goats, or other mammals. "Milk hauler" means a person who transports milk or milk products in bulk to or from a milk processing plant, receiving station, or transfer station. "Milk processing" means the handling, preparing, packaging, or processing of milk in any manner in preparation for sale as food, as defined in chapter 15.130 RCW. Milk processing does not include milking or producing milk on a dairy farm that is shipped to a milk processing plant for further processing. "Milk processing plant" means a place, premises, or establishment where milk or milk products are collected, handled, processed, stored, bottled, pasteurized, aseptically processed, bottled, or prepared for distribution, except an establishment that merely receives the processed milk products and serves them or sells them at retail. "Milk products" means the product of a milk manufacturing process. "Misbranded milk" means milk or milk products that carries a grade label unless such grade label has been awarded by the director and not revoked, or that fails to conform in any other respect with the statements on the label. "Official laboratory" means a biological, chemical, or physical laboratory that is under the direct supervision of the state or a local regulatory agency. "Officially designated laboratory" means a commercial laboratory authorized to do official work by the department, or a milk industry laboratory officially designated by the department for the examination of grade A raw milk for pasteurization and commingled milk tank truck samples of raw milk for antibiotic residues and bacterial limits. "PMO" means the grade "A" pasteurized milk ordinance published by the United States public health service, food and drug administration. "Pasteurized" means the process of heating every particle of milk or milk product in properly designed and operated equipment to the temperature and time standards specified in the PMO. "Person" means an individual, partnership, firm, corporation, company, trustee, or association. "Producer" means a person or organization who operates a dairy farm and provides, sells, or offers milk for sale. "Receiving station" means a place, premises, or establishment where raw milk is received, collected, handled, stored, or cooled and prepared for further transporting. "Sale" means selling, offering for sale, holding for sale, preparing for sale, distributing, dispensing, delivering, supplying, trading, bartering, offering a gift as an inducement for sale of, and advertising for sale in any media. "Transfer station" means any place, premises, or establishment where milk or milk products are transferred directly from one milk tank truck to another. "Wash station" means a place, facility, or establishment where milk tanker trucks are cleaned in accordance with the standards of the PMO.
RCW 15.58.460 — Washington Code / Title 15 / Chapter 58 / Section 460
RCW 15.58.460: Structural pest inspector—Evidence of financial responsibility required—Exemptions.
Status: in_force

(1) The director shall not issue a license to any individual who intends to act as a structural pest inspector until evidence of financial responsibility, required and described in subsection (2) of this section, is furnished by the applicant or the business employing the applicant. Licensed commercial applicators that have met the requirements of RCW 17.21.160 and their licensed commercial operator employees are exempt from this financial responsibility requirement when performing specific wood destroying organism inspections. Public employees licensed to perform structural pest inspections are exempt from this licensing requirement when acting within their official capacities. (2) Evidence of financial responsibility, consisting of one of the following, must be provided and maintained as a condition of licensure: (a) An errors and omissions insurance policy, the amount and terms of which are consistent with the requirements of RCW 15.58.465 (1)(a); (b) A surety bond, the amounts and terms of which are consistent with the requirements of RCW 15.58.465 (1)(b); (c) A surety bond and an errors and omissions insurance policy, the amount and terms of which are consistent with the requirements of RCW 15.58.465 (1)(c); (d) An assigned account, the amount and terms of which are consistent with the requirements of RCW 15.58.465 (1)(d); (e) Any other type of evidence of financial responsibility identified by the director by rule that provides coverage equivalent to that provided by any of (a) through (d) of this subsection. (3) Evidence of financial responsibility must be supplied to the department on a financial responsibility insurance certificate, surety bond form, assigned account form, or other form prescribed by the director with regard to evidence provided under subsection (2)(e) of this section.
RCW 15.44.030 — Washington Code / Title 15 / Chapter 44 / Section 030
RCW 15.44.030: Member qualifications.
Status: in_force

Each of the producer members of the commission shall: (1) Be a citizen and resident of this state and the district or area which he or she represents; and (2) Be and for the five years last preceding his or her election have been actually engaged as an owner or shareholder in producing dairy products within this state. These qualifications must continue during each member's term of office. The dealer member shall be actively engaged as a dealer in dairy products or employed in a dealer capacity as an officer or employee at management level in a dairy products organization.
RCW 15.28.170 — Washington Code / Title 15 / Chapter 28 / Section 170
RCW 15.28.170: Research and advertising—Power to increase assessment.
Status: in_force

The commission shall investigate the needs of soft tree fruit producers, the condition of the markets, and extent to which the same require advertising and research. If the investigation shows that the revenue from the assessments levied is inadequate to accomplish the objects of this chapter, it shall report its findings to the director, showing the necessities of the industry, the probable cost of the required program, and the probable revenue from the existing levy. It may then increase the assessments to be levied to an amount not exceeding two dollars per each two thousand pounds (net weight) of such fruits so contained or packed.It shall be the duty of the director to enforce this chapter and to appoint and employment [employ] such inspectors as may be necessary therefor. The director shall notify the prosecuting attorneys for the counties of the state of violations of this chapter occurring in their respective counties, and it shall be the duty of the respective prosecuting attorneys immediately to institute and prosecute proceeding in their respective counties and to enforce the penalties provided for by this chapter.
RCW 15.65.410 — Washington Code / Title 15 / Chapter 65 / Section 410
RCW 15.65.410: Time, place, method for payment and collection of assessments.
Status: in_force

The director shall prescribe in each marketing order and agreement the time, place, and method for payment and collection of assessments under such order or agreement upon any uniform basis applicable alike to all producers subject to such assessment, and upon the same or any other uniform basis applicable alike to all handlers subject to such assessment. For such purpose the director may, by the terms of the marketing order or agreement: (1) Require stamps to be purchased from him or her or his or her designee and attached to the containers, invoices, shipping documents, inspection certificates, releases, or receiving receipts or tickets (said stamps to be canceled immediately upon being attached and the date of cancellation placed thereon); or (2) Require handlers to collect producer assessments from producers whose production they handle and remit the same to the director or his or her designee; or (3) Require the person subject to the assessment to give adequate assurance or security for its payment; or (4) Require in the case of assessments against affected units stored in frozen condition: (a) Cold storage facilities storing such commodity to file information and reports with the department or affected commission regarding the amount of commodity in storage, the date of receipt, and the name and address of each such owner; and (b) That such commodity not be shipped from a cold storage facility until the facility has been notified by the commission that the commodity owner has paid the commission for any assessments imposed by the marketing order. Unless the director has otherwise provided in any marketing order or agreement, assessments payable by producers shall be paid prior to the time when the affected unit is shipped off the farm, and assessments payable to handlers shall be paid prior to the time when the affected units are received by or for the account of the first handler. No affected units shall be transported, carried, shipped, sold, marketed, or otherwise handled or disposed of until every due and payable assessment herein provided for has been paid by the producer or first handler and the receipt issued.
RCW 15.49.400 — Washington Code / Title 15 / Chapter 49 / Section 400
RCW 15.49.400: Seed labeling permit.
Status: in_force

(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 forms furnished by the department, and shall be accompanied by a fee of twenty dollars per applicant. The application form shall include the name and address of the applicant, a label or label facsimile, and any other reasonable and practical information prescribed by the department. Upon approval, the department shall issue said permit to the applicant. All permits expire on January 31st of each year. (2) If an application for renewal of the seed labeling permit provided for in this section is not filed prior to February 1st of any one year, an additional fee of ten dollars shall be assessed and added to the original fee and shall be paid by the applicant before the license shall be issued: PROVIDED, That such additional fee shall not apply if the applicant furnishes an affidavit that he or she has not labeled seed for distribution in this state subsequent to the expiration of his or her prior permit.
RCW 15.88.075 — Washington Code / Title 15 / Chapter 88 / Section 075
RCW 15.88.075: Commission speaks for state—Director's oversight.
Status: in_force

The commission exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges the commission, with oversight by the director, to speak on behalf of the Washington state government with regard to wine grapes and wine.
RCW 15.155.020 — Washington Code / Title 15 / Chapter 155 / Section 020
RCW 15.155.020: Advisory committee—Report to the legislature—Rule-making authority—Management and use of funds.
Status: in_force

(1) The director must establish an advisory committee with representatives from interested agricultural and food production organizations for the purpose of identifying the appropriate scope and nature of a voluntary location-based program to brand and promote local food and agricultural products. During the fiscal year ending June 30, 2024, the director must submit a report containing recommendations for program development and implementation to the appropriate committees of the legislature. (2) The report submitted under subsection (1) of this section must include, but is not limited to, department and advisory committee recommendations on how best to proceed or not proceed with developing and implementing the following program elements: (a) Eligibility criteria for: (i) The use of location-based branding sanctioned by the program to identify where an agricultural product was grown, raised, or caught; (ii) the use of location-based branding sanctioned by the program for processed or manufactured food products containing such agricultural products; and (iii) participating in program-sanctioned promotional activities for the agricultural products or foods containing the agricultural products. The criteria must include, but are not limited to, identifying thresholds for the necessary amount of time a product has been located within a specific geographical area in Washington, within lands or waters of Washington, or within lands or waters of other Pacific Northwest states or provinces neighboring Washington, and thresholds for the necessary amount of such food products in a processed or manufactured food product, to be eligible; (b) Application, approval, certification, verification, renewal, audit, enforcement, or cancellation procedures for using product identification, branding, logos, or labels sanctioned by the program, or for participating in program-sanctioned promotional activities; (c) Licensing fees, fee waivers, cost recovery mechanisms, or fee structures for membership, for using product identification, branding, logos, or labels sanctioned by the program, or for participating in program-sanctioned promotional activities; (d) Creation, purchase, acquisition, protection, and blending of brand, logo, and trademark ownership or licensing rights; (e) Cooperative agreements to jointly carry out program or program-sanctioned activities and administration; and (f) Any other action designed to help Washington food and agricultural producers promote their products and make them more visible and appealing to consumers and more competitive in the local, regional, national, and international marketplace of their choice including, but not limited to, retail stores, farmers markets, schools, restaurants, institutions, and other market channels. (3) Following submission of the report required in subsection (1) of this section, the director may adopt rules as necessary to implement the program. These rules may include any recommended fees or structures for determining fees, fee waivers, cost recovery mechanisms, or other elements listed in subsection (2) of this section. Rules consistent with the recommendations submitted in the report qualify for expedited rule making under RCW 34.05.353 . Prior to creating criteria related to particular agricultural products under the jurisdiction of an agricultural board or commission organized under state law, the director must consult with representatives of the appropriate board or commission. If the rules include a structure for determining fees, the director may subsequently amend the rules and increase or decrease fees consistent with the structure for determining fees. (4) Nothing in this chapter precludes or prohibits the department or others, including but not limited to other agencies, boards, commissions, and associations, from separately promoting the origin of food and agricultural products grown, raised, or caught in Washington. Such promotional activities must be consistent with pertinent legal authorities including, but not limited to, RCW 15.130.210 , which prohibits misbranding of food origins as part of Washington's food safety and security act, chapter 15.130 RCW, and RCW 15.04.410 , which relies on Washington's consumer protection act, chapter 19.86 RCW, and prohibits false retail sale declarations related to agricultural products held out as Washington agricultural products that are not in fact Washington agricultural products. (5) Funds received for the purposes of this chapter must be deposited in the agricultural local fund created in RCW 43.23.230 to carry out the purposes of this chapter. (6) The department must actively seek nonstate funding sources to support program operation and may receive gifts, grants, or endowments from private or public sources, made in trust or otherwise, for the use and benefit of the program, consistent with the provisions of this chapter and any terms of the gift, grant, or endowment. Expenditures may be used only for those purposes identified in this chapter. Only the director of agriculture or the director's designee may authorize expenditures of the gifts, grants, or endowments.
RCW 15.62.090 — Washington Code / Title 15 / Chapter 62 / Section 090
RCW 15.62.090: Notice, elections, referenda—Lists of apiarists, manufacturers, processors, and first handlers.
Status: in_force

(1)(a) The director shall cause a list to be prepared of all apiarists, as defined in RCW 15.62.020 , from the list of apiarists registered with the department under *RCW 15.60.030 . A qualified person may, at any time, have his or her name placed on the list by registering with the department. (b) The director shall cause a list to be prepared of manufacturers, processors, and first handlers. The list shall be prepared from any information the director has at hand or may readily obtain. A qualified person may, at any time, have his or her name placed on the list by notifying the department and providing such information as the department deems necessary to determine whether the person qualifies as a manufacturer, processor, or first handler under RCW 15.62.020 . (c) For all purposes of giving notice and conducting elections or referenda, the lists the director has on hand under this section, corrected up to the day next preceding the date for issuing notices or ballots, are, for purposes of this chapter, deemed to be the lists of all persons entitled to notice or to assent or dissent or to vote. (2) Any person may file his or her name and address with the commission for the purpose of receiving notices regarding the activities of the commission. Persons who are not Washington residents but are active as affected persons in this state and who wish to be considered for appointment to position eleven on the commission may file their names with the director. A person desiring such consideration must supply such information as the director deems appropriate.
RCW 15.13.440 — Washington Code / Title 15 / Chapter 13 / Section 440
RCW 15.13.440: Order of condemnation—Grounds for issuance.
Status: in_force

The director shall condemn any horticultural plants shipped or sold when such horticultural plants are found to be dead, in a dying condition, seriously broken, diseased or infested to the extent that treatment is not practical, damaged, frozen, or abnormally potbound. The director shall condemn any Christmas trees shipped or sold if they are found to be diseased, infected, or infested to the extent that treatment is not practical. The director shall order such horticultural plants or Christmas trees to be destroyed or returned at shipper's option.
RCW 15.65.480 — Washington Code / Title 15 / Chapter 65 / Section 480
RCW 15.65.480: Separate accounts for each agreement or order—Disbursements.
Status: in_force

The director and each of his or her designees shall deposit or cause to be deposited all moneys which are collected or otherwise received by them pursuant to the provisions of this chapter in a separate account or accounts separately allocated to each marketing order or agreement under which such moneys are collected or received, and such deposits and accounts shall be in the name of and withdrawable by the check or draft of the administrator or board or designated employee thereof established by such order or agreement. All expenses and disbursements incurred and made pursuant to the provisions of any marketing agreement or order, including a pro rata share of the administrative expenses of the department of agriculture incurred in the general administration of this chapter and all orders and agreements issued pursuant thereto, shall be paid from, and only from, moneys collected and received pursuant to such order or agreement and all moneys deposited for the account of any order or agreement in the marketing act revolving fund shall be paid from said account of such fund by check, draft or voucher in such form and in such manner and upon the signature of such person as may be prescribed by the director or his or her designee.
RCW 15.13.420 — Washington Code / Title 15 / Chapter 13 / Section 420
RCW 15.13.420: Unlawful acts enumerated.
Status: in_force

It is unlawful for any person: (1) To falsely claim to be an agent or representative of any nursery dealer in horticultural plants or Christmas tree grower; (2) To sell or distribute horticultural plants by any method which has the capacity and tendency or effect of deceiving any purchaser or prospective purchaser as to the quantity, size, grade, kind, species, age, method of propagation, maturity, condition, vigor, hardiness, number of times transplanted, growth ability, growth characteristics, rate of growth or time required before flowering or fruiting, price, origin or place where grown, or in any other material respect; (3) To alter an official certificate or other official inspection document for plant materials, including Christmas trees, covered by this chapter or to falsely represent a document as an official certificate; (4) To substitute any horticultural plant, Christmas tree, or agricultural commodity for a horticultural plant, Christmas tree, or agricultural commodity covered by an inspection certificate.(1) For the purposes of this section, "nondefault or early termination provision" means a provision that authorizes the department to terminate a lease in the event the department includes the leased land in a plan for higher and better use, land exchange, or sale. (2) Any nondefault or early termination provision included in a state land lease for agricultural or grazing purposes must: (a) Require advance written notice of at least one hundred eighty days by the department to the lessee prior to termination of the lease; and (b) Require the department to provide to the lessee, along with the notice under (a) of this subsection, written documentation demonstrating that the department has included the leased land in a plan for higher and better use, land exchange, or sale. (3) This section does not require the department to include a nondefault or early termination provision in any state land lease for agricultural or grazing purposes. (4) This section does not prohibit the department from allowing the lessee to surrender the leasehold subject to terms provided in the lease. (5) This section does not prohibit the department from executing other lease provisions designed to protect the interests of the lessee in the event that the lease is terminated under a nondefault or early termination provision. (6) In the event that the department exercises a nondefault or early termination provision in a state land lease for agricultural or grazing purposes, the department shall compensate the lessee according to the following schedule: (a) For grazing leases, the department shall pay to the lessee the annual rent for the land subject to the lease, multiplied by a factor of six, except that the department need not compensate the lessee for any years that are specifically designated in the lease as nongrazing years. (b) For agricultural leases, the department shall pay to the lessee the expected net return the lessee would have realized from crops raised on the leased land, which shall be calculated according to the following formula: The annual net revenue per acre for the class of crop produced by the lessee, less the rental rate per acre for the land leased by the lessee; multiplied by the number of acres leased by the lessee. For purposes of this subsection, the annual net revenue per acre for a class of crop must be calculated according to the most recent rolling average annual net rental return per acre for that class of crop as established by the county assessor of the county in which the leased land is located or, if the county assessor of the county in which the land is located has not established an annual net rental return per acre, as established by the county assessor of the nearest county in which the county assessor has established such an annual net rental return per acre. The annual net rental return per acre, as established by the county assessor, must be adjusted to reflect the total annual net revenue per acre. (c) For both grazing leases and agricultural leases, the department shall make payments to the lessee on an annual basis for the remaining term of the terminated lease, unless the department and the lessee agree to an alternate schedule of payments. In the event that payments are made on any schedule other than on an annual basis, any advance payments must be subjected to an appropriate discount rate in order to reflect the net present value of the compensation owed by the department. (d) For both grazing leases and agricultural leases, in the event that the lessee has placed any improvements, as authorized under RCW 79.13.050 , on the land that is subject to the lease, the department is responsible for compensating the lessee for the fair market value of the improvements. In the event that an agreement cannot be reached between the state and the lessee on the fair market value of the improvements, the valuation must be determined as prescribed under RCW 79.13.160 . (7) In the event that the department's exercise of a nondefault or early termination provision in a state land lease for agricultural or grazing purposes results in the removal of fencing from the land subject to the lease, the department is responsible for ensuring the replacement of any removed fencing. (8) In the event that the department's exercise of a nondefault or early termination provision in a state land lease for agricultural or grazing purposes causes the lessee to incur a financial penalty as a result of an early withdrawal from a natural resources conservation service program, the department is responsible for reimbursing the lessee for payment of the financial penalty. (9) The compensation and reimbursement available to a lessee under subsections (6) and (8) of this section, respectively, is the sole financial remedy available to the lessee based on the department's exercise of a nondefault or early termination provision in an agriculture or grazing lease. Appeal rights under RCW 79.02.030 are unaffected by the relief provided in this section.
RCW 15.28.910 — Washington Code / Title 15 / Chapter 28 / Section 910
RCW 15.28.910: Liberal construction.
Status: in_force

This chapter shall be liberally construed.This chapter may be known and cited as the Washington state honey act.
RCW 15.28.060 — Washington Code / Title 15 / Chapter 28 / Section 060
RCW 15.28.060: Nominating meetings—Notice—Appointment—Ballots—Advisory vote—Eligible voters.
Status: in_force

The director shall call meetings at times and places concurred upon by the director and the commission for the purpose of nominating producer, dealer or processor members for potential appointment to the commission when such members' terms are about to expire. Notice of such meetings shall be given at least sixty days prior to the time the respective members' term is about to expire. The nominating meetings shall be held at least sixty days prior to the expiration of the respective members' term of office. Notice shall be given by the commission by mail to all known persons having a right to vote for such respective nominee's potential appointment to the commission. Further, the commission shall publish notice at least once in a newspaper of general circulation in the district where the nomination is to be held. Such a newspaper may be published daily or weekly. The failure of any person entitled to receive notice of such nominating meeting shall not invalidate such nominating meeting or the appointment of a member nominated at such meeting. Any person qualified to serve on the commission may be nominated orally at the nomination meetings. Written nominations, signed by five persons qualified to vote for the said nominee, may be made for five days subsequent to the nomination meeting. Such written nominations shall be filed with the commission at its Yakima office. The director shall cause an advisory vote to be held for commission positions. The advisory vote shall be by secret mail ballot. Persons qualified to vote for members of the commission shall, except as otherwise provided by law or rule or regulation of the commission, vote only in the district in which their activities make them eligible to vote for a potential member of the commission. A producer to be eligible to vote in the advisory vote for a nominee as a producer member of the commission must be a commercial producer of soft tree fruits paying assessments to the commission. When a legal entity acting as a producer, dealer, or processor is qualified to vote for a candidate in any district or area to serve in a specified position on the commission, such legal entity may cast only one vote for such candidate, regardless of the number of persons comprising such legal entity or stockholders owning stock therein.When any markings are used or required to be used under this chapter on any container of honey to identify the container or describe the contents thereof, such markings must be plainly and conspicuously marked, stamped, stenciled, printed, labeled or branded in the English language, in letters large enough to be discernible by any person, on the front, side or top of any container.
RCW 15.28.220 — Washington Code / Title 15 / Chapter 28 / Section 220
RCW 15.28.220: Returns to commission.
Status: in_force

Every dealer, handler, and processor shall at such times as the commission may by rule or regulation require, file with the commission a return under oath on forms to be prescribed and furnished by the commission, stating the quantity of soft tree fruits handled, shipped, or processed by him or her during the period or periods of time prescribed by the commission. Such return shall contain such further information as may be necessary to carry out the objects and purposes of this chapter.The term "section box" shall mean the wood or other frame in which bees have built a small comb of honey.
RCW 15.28.305 — Washington Code / Title 15 / Chapter 28 / Section 305
RCW 15.28.305: Rule making—Exemptions.
Status: in_force

Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310 and the provisions of chapter 19.85 RCW, the regulatory fairness act, when adoption of the rule is determined by a referendum vote of the affected parties.
RCW 15.28.210 — Washington Code / Title 15 / Chapter 28 / Section 210
RCW 15.28.210: Records kept—Preservation—Inspection of.
Status: in_force

Every dealer, handler, and processor shall keep a complete and accurate record of all soft tree fruits handled, shipped, or processed by him or her. Such record shall be in simple form and contain such information as the commission shall by rule or regulation prescribe. The records shall be preserved by such handler, dealer, and processor for a period of two years and shall be offered and submitted for inspection at any reasonable time upon written request of the commission or its duly authorized agents.The term "subcontainer" shall mean any section box or other receptacle used within a container.
RCW 15.21.010 — Washington Code / Title 15 / Chapter 21 / Section 010
RCW 15.21.010: Declaration of purpose.
Status: in_force

Limitations or restrictions placed on the buyer by the seller offering fresh fruit for sale as to the amount that such prospective buyer may purchase of the total amount of such fresh fruit owned, possessed or controlled by the seller, may lead to or cause confusion, deceptive trade practices, and interfere with the orderly marketing of fresh fruit necessary for the public health and welfare, and is hereby declared to be a business affected with the public interest. The provisions of this chapter are enacted in the exercise of the police powers of the state for the purpose of protecting the general health and welfare of the people of this state.The application and the control of the use of various pesticides is important and vital to the maintenance of a high level of public health and welfare both immediate and future, and is hereby declared to be affected with the public interest. The provisions of this chapter are enacted in the exercise of the police power of the state for the purpose of protecting the immediate and future health and welfare of the people of the state.
RCW 69.28.310 — Washington Code / Title 15 / Chapter 28 / Section 310
RCW 69.28.310: "Honey" defined.
Status: in_force

The term "honey" as used herein is the nectar of floral exudations of plants, gathered and stored in the comb by honey bees (apis mellifica). It is laevo-rotatory, contains not more than twenty-five percent of water, not more than twenty-five one-hundredths of one percent of ash, not more than eight percent of sucrose, its specific gravity is 1.412, its weight not less than eleven pounds twelve ounces per standard gallon of 231 cubic inches at sixty-eight degrees Fahrenheit.Agents of the commission, upon specific written authorization signed by the chair or secretary-manager thereof, shall have the right to inspect the premises, books, records, documents, and all other instruments of any carrier, railroad, truck, boat, grower, handler, dealer, and processor for the purpose of enforcing this chapter and collecting the assessments levied hereunder.
RCW 15.17.010 — Washington Code / Title 15 / Chapter 17 / Section 010
RCW 15.17.010: Purpose.
Status: in_force

The purpose of this chapter is to provide for the fair and orderly marketing of fruits and vegetables in the state of Washington by establishing uniform grades and standards and by providing for the inspection of these products. This chapter is vital to protecting the national and international reputation of fruit and vegetable products grown and shipped from this state and protecting consumers from the sale of inferior and misrepresented fruits and vegetables. This chapter is enacted in the exercise of the police power of this state for the purpose of protecting the immediate and future health, safety, and general welfare of the citizens of this state.There shall be departments of the state government which shall be known as (1) the department of social and health services, (2) the department of ecology, (3) the department of labor and industries, (4) the department of agriculture, (5) the department of fish and wildlife, (6) the department of transportation, (7) the department of licensing, (8) the department of enterprise services, (9) the department of commerce, (10) the department of veterans affairs, (11) the department of revenue, (12) the department of retirement systems, (13) the department of corrections, (14) the department of health, (15) the department of financial institutions, (16) the department of archaeology and historic preservation, (17) the department of children, youth, and families, and (18) the Puget Sound partnership, which shall be charged with the execution, enforcement, and administration of such laws, and invested with such powers and required to perform such duties, as the legislature may provide.
RCW 15.13.400 — Washington Code / Title 15 / Chapter 13 / Section 400
RCW 15.13.400: Unlawful shipment or delivery of horticultural plants into state, when—Certificate and inspection requirements—Christmas trees—Rules—Hearing.
Status: in_force

(1) It is unlawful for any person to ship or deliver any horticultural plant into this state unless it is accompanied by an inspection certificate from the state or country of origin stating that the horticultural plant meets the requirements of this chapter. The director may require the shipper or receiver to file a copy of the manifest of nursery cargo or shipment of horticultural plants into this state with the director on or before the date the horticultural plants enter into the state. (2) The director may by rule require that any or all horticultural plants or Christmas trees delivered or shipped into the state be inspected for conformance with the requirements of this chapter prior to release by the person delivering or transporting such horticultural plants or Christmas trees even though accompanied by acceptable inspection certificates issued by the state or country of origin. (3) Any shipment found not to be in compliance with the requirements of this chapter may be returned to the consignor at the consignor's expense. The consignor may subsequently request a hearing which shall be held in conformance with RCW 34.05.479 or other applicable provision of chapter 34.05 RCW.The department is hereby authorized on behalf of the state of Washington to enter into cooperative agreements with any person as defined in RCW 1.16.080 for the improvement of the state's grazing ranges by the clearing of debris, maintenance of trails and water holes, and other requirements for the general improvement of the grazing ranges.
RCW 89.08.060 — Washington Code / Title 15 / Chapter 08 / Section 060
RCW 89.08.060: Assistance of other state agencies and institutions.
Status: in_force

Upon request of the commission, for the purpose of carrying out any of its functions, the supervising officer of any state agency or state institution of learning may, insofar as may be possible under available appropriations and having due regard to the needs of the agency to which the request is directed, assign or detail to the commission, members of the staff or personnel of such agency or institution of learning, and make such special reports, surveys, or studies as the commission may request.Upon presentation of such lien notice to the auditor of any county, he or she shall file the same, and endorse thereon the time of the reception, the number thereof, and shall enter the same in a suitable book or file (but need not record the same). Such book or file shall have herewith an alphabetic index, in which the county auditor shall index such notice by noting the name of the owner, name of lien claimant, description of property, date of lien (which shall be the date upon which such expenditure of labor, skill or material was completed), date of filing and when released, the date of release.Said notice of condemnation shall also grant permission to the owner or person in charge of infected fruit, vegetables, or nursery stock to divide the same into classes: (1) The portion not infected; (2) The infected portion which is capable of successful disinfection; and (3) The infected portion which is incapable of successful disinfection and must be destroyed. Said notice shall require the owner or person to disinfect class (2) and destroy class (3) within the time stated.
RCW 15.13.430 — Washington Code / Title 15 / Chapter 13 / Section 430
RCW 15.13.430: Hold order on damaged, infested, or infected horticultural plants or Christmas trees—Selling or moving unlawful.
Status: in_force

When the director has cause to believe that any horticultural plants or Christmas trees are damaged or are infested or infected by any plant pest, the director may issue a hold order on such horticultural plants or Christmas trees. A hold order may prescribe conditions under which the damaged, infested, or infected material must be held to prevent spread of the infestation or infection. Treatment or other corrective measures shall be the sole responsibility of the persons holding the material for sale. It is unlawful to sell or move such plants until released in writing by the director.
RCW 15.21.900 — Washington Code / Title 15 / Chapter 21 / Section 900
RCW 15.21.900: Chapter cumulative.
Status: in_force

The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.The enactment of this act shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence on the date this act becomes effective.
RCW 15.65.043 — Washington Code / Title 15 / Chapter 65 / Section 043
RCW 15.65.043: Board may establish foundation.
Status: in_force

A commodity board may establish a foundation using commission funds as grant money when the foundation benefits the commodity for which the board was established. Commission funds may be used for the purposes authorized in the marketing order.
RCW 89.08.180 — Washington Code / Title 15 / Chapter 08 / Section 180
RCW 89.08.180: Annexation of territory—Boundary change—Combining two or more districts.
Status: in_force

Territory may be added to an existing district upon filing a petition as in the case of formation with the commission by twenty percent of the voters of the affected area to be included. The same procedure shall be followed as for the creation of the district. As an alternate procedure, the commission may upon the petition of a majority of the voters in any one or more districts or in unorganized territory adjoining a conservation district change the boundaries of a district, or districts, if such action will promote the practical and feasible administration of such district or districts. Upon petition of the boards of supervisors of two or more districts, the commission may approve the combining of all or parts of such districts and name the district, or districts, with the approval of the name by the secretary of state. A public hearing and/or a referendum may be held if deemed necessary or desirable by the commission in order to determine the wishes of the voters. When districts are combined, the joint boards of supervisors will first select a chair, secretary, and other necessary officers and select a regular date for meetings. All elected supervisors will continue to serve as members of the board until the expiration of their current term of office, and/or until the election date nearest their expiration date. All appointed supervisors will continue to serve until the expiration of their current term of office, at which time the commission will make the necessary appointments. In the event that more than two districts are combined, a similar procedure will be set up and administered by the commission. When districts are combined or territory is moved from one district to another, the property, records, and accounts of the districts involved shall be distributed to the remaining district or districts as approved by the commission. A new certificate of organization, naming and describing the new district or districts, shall be issued by the secretary of state.If a horticultural inspector finds premises or property infected, he or she shall make a written report thereof to the inspector-at-large in his or her district stating the disease or infestation found, the estimated extent thereof, and whether in his or her opinion it is or will become a nuisance. Upon receipt of the report the inspector-at-large shall appoint a person residing within three miles of the said premises or property and who is a grower of horticultural products which could be infected from said premises or property, and who, with the inspector-at-large or someone delegated by him or her from his or her department, shall appoint a third person likewise a grower of agricultural products which could be so infected. Said three persons shall constitute an inspection board whose duty shall be to forthwith examine the infested premises or property so as to determine whether same or any part thereof is infested with any pest or disease named in RCW 15.08.010 . The board members shall have the same power of entry and inspection as the director, supervisor, or horticultural inspector and shall be compensated at the rate of four dollars per day to be paid from the county current expense budget for horticulture.
RCW 15.66.150 — Washington Code / Title 15 / Chapter 66 / Section 150
RCW 15.66.150: Annual assessments—Rate—Collection.
Status: in_force

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, or delivered for sale, processing, or storage by him or her. Such assessments shall be expressed as a stated amount of money per unit or as a percentage of the net unit price at the time of sale. The total amount of such annual assessment to be paid by all affected producers of such commodity shall not exceed three percent of the total market value of all affected units sold, processed, stored, or delivered for sale, processing, or storage by all affected producers of such units during the year to which the assessment applies. Every marketing order shall prescribe the per unit or percentage rate of such assessment. Such rate may be at the full amount of, or at any lesser amount than the amount hereinabove limited and may be altered from time to time by amendment of such order. In every such marketing order and amendment the determination of such rate shall be based upon the volume and price of sales of affected units during a period which the director determines to be a representative period. The per unit or percentage rate of assessment prescribed in any such order or amendment shall for all purposes and times be deemed to be within the limits of assessment above provided until such time as such order is amended as to such rate. However, at the end of any year, any affected producer may obtain a refund from the commission of any assessment payments made which exceed three percent of the total market value of all of the affected commodity sold, processed, stored, or delivered for sale, processing, or storage by such producer during the year. Such refund shall be made only upon satisfactory proof given by such producer in accordance with reasonable rules and regulations prescribed by the director. Such market value shall be based upon the average sales price received by such producer during the year from all his or her bona fide sales or, if such producer did not sell twenty-five percent or more of all of the affected commodity produced by him or her during the year, such market value shall be determined by the director upon other sales of the affected commodity determined by the director to be representative and comparable. To collect such assessment each order may require: (1) Stamps to be purchased from the affected commodity commission or other authority stated in such order and attached to the containers, invoices, shipping documents, inspection certificates, releases, or receiving receipts or tickets (said stamps to be canceled immediately upon being attached and the date of cancellation placed thereon). (2) Payment of producer assessments before the affected units are shipped off the farm or payment of assessments at different or later times, and in such event the order may require any person subject to the assessment to give adequate assurance or security for its payment. (3) Every affected producer subject to assessment under such order to deposit with the commission in advance an amount based on the estimated number of affected units upon which such person will be subject to such assessment in any one year during which such marketing order is in force, or upon any other basis which the director determines to be reasonable and equitable and specifies in such order, but in no event shall such deposit exceed twenty-five percent of the estimated total annual assessment payable by such person. At the close of such marketing year the sums so deposited shall be adjusted to the total of such assessments payable by such person. (4) Handlers receiving the affected commodity from the producer, including warehouse operators and processors, to collect producer assessments from producers whose production they handle and remit the same to the affected commission. The lending agency for a commodity credit corporation loan to producers shall be deemed a handler for the purpose of this subsection. No affected units shall be transported, carried, shipped, sold, stored, or otherwise handled or disposed of until every due and payable assessment herein provided for has been paid and the receipt issued, but no liability hereunder shall attach to common carriers in the regular course of their business.
RCW 15.58.411 — Washington Code / Title 15 / Chapter 58 / Section 411
RCW 15.58.411: Use of license fees—Pesticide safety education program—Deposit of money collected for civil penalties.
Status: in_force

(1) Except as otherwise provided for in this section, all license fees collected under this chapter shall be paid to the director for use exclusively in the enforcement of this chapter. (2) In addition to any other fees the department may collect under this chapter, the department shall collect a fee of seven dollars for each license issued by the department under this chapter. The department shall transmit the seven dollar fee required by this subsection to Washington State University for the purpose of providing a pesticide safety education program to educate and train pesticide licensees and prospective licensees. (3) The department shall engage with the regulated community on the status of license fees established in this chapter, including consideration of future increases, in coordination with a stakeholder work group. (4) All moneys collected for civil penalties levied under this chapter shall be deposited in the state general fund.
RCW 15.58.070 — Washington Code / Title 15 / Chapter 58 / Section 070
RCW 15.58.070: Pesticide annual registration fee—Expiration of registrations—Deposit in agricultural local fund.
Status: in_force

(1) All registrations issued by the department expire December 31st of the following year except that registrations issued by the department to a registrant who is applying to register an additional pesticide during the second year of the registrant's registration period shall expire December 31st of that year. (2) An application for registration must be accompanied by a fee of six hundred fifty dollars for each pesticide, except that a registrant who is applying to register an additional pesticide during the year the registrant's registration expires shall pay a fee of three hundred twenty-five dollars for each additional pesticide. (3) Fees must be deposited in the agricultural local fund to support the activities of the pesticide program within the department. (4) Any registration approved by the director and in effect on the last day of the registration period, for which a renewal application has been made and the proper fee paid, continues in full force and effect until the director notifies the applicant that the registration has been renewed, or otherwise denied in accord with the provision of RCW 15.58.110 . (5) The department must complete and post on its website a timeline for processing completed pesticide registrations.
RCW 15.09.100 — Washington Code / Title 15 / Chapter 09 / Section 100
RCW 15.09.100: Payment of expenses and costs—Penalty—Collection.
Status: in_force

Any amount charged to the owner of land in accordance with the provisions of RCW 15.09.080 and 15.09.090 shall be paid by such owner within sixty days of the date in which he or she was billed for such amount. If payment is not made within such sixty day period, the amount of such charge, together with a ten percent penalty surcharge, shall, for purposes of collection, become a tax lien under RCW 84.60.010 , as now or hereafter amended, and shall be promptly collected as such by the county treasurer: PROVIDED, That where good cause is shown the board may extend for an additional two months the time period during which payment shall be made.(1) Every bond filed with and approved by the department shall without the necessity of periodic renewal remain in force and effect until such time as the warehouse operator or grain dealer license of each principal on the bond is revoked or otherwise canceled. (2) The surety on a bond, as provided in this chapter, shall be released and discharged from all liability to the state, as to a principal whose license is revoked or canceled, which liability accrues after the expiration of thirty days from the effective date of the revocation or cancellation of the license. The surety on a bond under this chapter shall be released and discharged from all liability to the state accruing on the bond after the expiration of ninety days from the date upon which the surety lodges with the department a written request to be released and discharged. Nothing in this section shall operate to relieve, release, or discharge the surety from any liability which accrues before the expiration of the respective thirty or ninety-day period. In the event of a cancellation by the surety, the surety shall simultaneously send the notification of cancellation in writing to any other governmental agency requesting it. Upon receiving any such request, the department shall promptly notify the principal or principals who furnished the bond, and unless the principal or principals file a new bond on or before the expiration of the respective thirty or ninety-day period, the department shall forthwith cancel the license of the principal or principals whose bond has been canceled.
RCW 15.89.075 — Washington Code / Title 15 / Chapter 89 / Section 075
RCW 15.89.075: Commission speaks for state—Director's oversight.
Status: in_force

The commission exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges the commission, with oversight by the director, to speak on behalf of the Washington state government with regard to the marketing and promotion of Washington produced beer.
RCW 69.28.030 — Washington Code / Title 15 / Chapter 28 / Section 030
RCW 69.28.030: Rules prescribing standards.
Status: in_force

The director is hereby authorized, and it shall be his or her duty, upon the taking effect of this chapter and from time to time thereafter, to adopt, establish, and promulgate reasonable rules and regulations specifying grades or standards of quality governing the sale of honey: PROVIDED, That, in the interest of uniformity, such grades and standards of quality shall conform as nearly to those established by the United States department of agriculture as local conditions will permit.All voting members must be citizens and residents of this state. Each producer member must be over the age of twenty-five years, and be, and for five years have been, actively engaged in growing soft tree fruits in this state, and deriving a substantial portion of his or her income therefrom, or have a substantial amount of orchard acreage devoted to soft tree fruit production as an owner, lessee, partner, or a stockholder owning at least ten percent of the voting stock in a corporation engaged in the production of soft tree fruit. He or she cannot be engaged directly in business as a dealer. Each dealer member must be actively engaged, either individually or as an executive officer, employee or sales manager on a management level, or managing agent of an organization, as a dealer. Each processor member must be engaged, either individually or as an executive officer, employee on a management level, sales manager, or managing agent of an organization, as a processor. Only one dealer member may be in the employ of any one person or organization engaged in business as a dealer. Only one processor member may be in the employ of any one person or organization engaged in business as a processor. Said qualifications must continue throughout each member's term of office.As a business corporation said grange, after having complied with RCW 24.28.020 , shall be to all intents and purposes a domestic corporation, with all the rights, privileges and immunities allowed, and all the liabilities imposed by chapter one of the act entitled "an act to provide for the formation of corporations," approved November 13, 1873.
RCW 15.61.040 — Washington Code / Title 15 / Chapter 61 / Section 040
RCW 15.61.040: Nonapplicability to honey bees and insects used for research.
Status: in_force

The provisions of this chapter shall not apply to honey bees or to those beneficial insects used for research purposes.
RCW 15.62.130 — Washington Code / Title 15 / Chapter 62 / Section 130
RCW 15.62.130: Commission officers—Members' fidelity bonds.
Status: in_force

The commission may elect an executive secretary who is not a member and fix his or her compensation and may appoint a treasurer who shall sign all vouchers and receipts for moneys received by the commission. The commission shall purchase for each of its members a fidelity bond executed by a surety company authorized to do business in the state, in favor of the state and the commission, in a sum to be determined by the commission.
RCW 15.36.002 — Washington Code / Title 15 / Chapter 36 / Section 002
RCW 15.36.002: Intent.
Status: in_force

This chapter is intended to enact state legislation that safeguards the public health and promotes public welfare by: (1) Protecting the consuming public from milk or milk products that are: (a) Unsafe; (b) produced under unsanitary conditions; (c) do not meet bacterial standards under the PMO; or (d) below the quality standards under Title 21 C.F.R. or administrative rules and orders adopted under this chapter; and (2) requiring licensing of all aspects of the dairy production and processing industry.
RCW 15.28.110 — Washington Code / Title 15 / Chapter 28 / Section 110
RCW 15.28.110: Duties of commission.
Status: in_force

The commission's duties are: (1) To adopt a commission seal; (2) To elect a secretary-manager and a treasurer, and fix their compensation. The same person may be elected to both offices; (3) To establish classifications of soft tree fruits; (4) To conduct scientific research and develop the healthful, therapeutic, and dietetic value of fruits, and promote the general welfare of the soft tree fruit industry of the state; (5) To conduct a comprehensive advertising and educational campaign to effectuate the objects of this chapter; (6) To increase the production, and develop and expand the markets, and improve the handling and quality of fruits; (7) To keep accurate accounts and records of all of its dealings, which shall be open to inspection and audit by the state auditor; (8) To investigate and prosecute violations of this chapter; and (9) To serve as an advisory committee to the director with regard to the adoption and enforcement of rules: (a) Governing the grading, packing, and size and dimensions of commercial containers of soft tree fruits; and (b) Fixing commercial grades of soft tree fruits and the issuance of certificates of inspection for those fruits.It shall be unlawful to sell, offer, or expose for sale to the consumer any honey in any secondhand or used containers which formerly contained honey, unless all markings as to grade, name and weight have been obliterated, removed or erased.
RCW 15.140.900 — Washington Code / Title 15 / Chapter 140 / Section 900
RCW 15.140.900: Effective date—2019 c 158.
Status: in_force

This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 26, 2019].
RCW 15.19.080 — Washington Code / Title 15 / Chapter 19 / Section 080
RCW 15.19.080: Public disclosure of information—Exemption.
Status: in_force

The department shall not disclose information obtained under this chapter regarding the purchases, sales, or production of an individual American ginseng grower or dealer, except for providing reports to the United States fish and wildlife service. This information is exempt from public disclosure required by chapter 42.56 RCW.
RCW 15.19.090 — Washington Code / Title 15 / Chapter 19 / Section 090
RCW 15.19.090: Violations of chapter or rules—Unlawful.
Status: in_force

It is unlawful for a person to sell, offer for sale, hold for sale, or ship or transport American ginseng for foreign export in violation of this chapter or rules adopted under this chapter.
RCW 15.92.090 — Washington Code / Title 15 / Chapter 92 / Section 090
RCW 15.92.090: Commission on integrated pest management—Established—Composition—Duration of membership—Compensation.
Status: in_force

(1) A commission on integrated pest management is established. The commission shall be composed of 12 voting members appointed by the director as follows: (a) Eight members from the following segments of the state's agricultural industry as nominated by a statewide private agricultural association or agricultural commodity commission formed under this title: (i) The tree fruit industry; (ii) hop growers; (iii) potato growers; (iv) wheat growers; (v) vegetable and seed growers; (vi) berry growers; (vii) wine grape growers; and (viii) the nursery and landscape industry. Although members are appointed from various segments of the agriculture industry, they are appointed to represent and advance the interests of the industry as a whole. (b) One member from each of the following: (i) Forest protection industry; (ii) food processors; (iii) agricultural chemical industry; and (iv) professional pesticide applicators. One member shall be appointed for each such segment of the industry and shall be nominated by a statewide, private association of that segment of the industry. The representative of the agricultural chemical industry shall be involved in the manufacture of agricultural crop protection products. The following shall be ex officio, nonvoting members of the commission: The coordinator of the interregional project number four at Washington State University; the director of the department of ecology or the director's designee; the director of the department of agriculture or the director's designee; the director of the department of labor and industries or the director's designee; the secretary of the department of health or the secretary's designee; and a representative of the United States environmental protection agency, region 10, who has working knowledge of federal pesticide policy issues. (2) Each voting member of the commission shall serve a term of three years. A vacancy shall be filled by appointment for the unexpired term in the same manner provided for an appointment to the full term. No member of the commission may be removed by the director during his or her term of office unless for cause of incapacity, incompetence, neglect of duty, or malfeasance in office. Each member of the commission shall receive travel expenses in accordance with RCW 43.03.050 and 43.03.060 for attending meetings of the commission and for performing special duties, in the way of official commission business, specifically assigned to the person by the commission. The voting members of the commission serve without compensation from the state other than such travel expenses. (3) The commission shall elect a chair from among its voting members each calendar year. After its original organizational meeting, the commission shall meet at the call of the chair. A majority of the voting members of the commission constitutes a quorum and an official action of the commission may be taken by a majority vote of the quorum.
RCW 15.100.060 — Washington Code / Title 15 / Chapter 100 / Section 060
RCW 15.100.060: Vacancies—Compensation.
Status: in_force

(1) In the event a position becomes vacant due to resignation, disqualification, death, or for any other reason, the position until the next annual meeting shall be filled by vote of the remaining members of the commission. At the annual meeting a commissioner shall be elected to fill the balance of the unexpired term. (2) Each member of the commission shall be compensated in accordance with RCW 43.03.230 and shall be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter. Employees of the commission may also be reimbursed for actual travel expenses when on official commission business.
RCW 15.65.560 — Washington Code / Title 15 / Chapter 65 / Section 560
RCW 15.65.560: Remedies additional.
Status: in_force

The remedies provided for in this chapter shall be in addition to, and not exclusive of, any other remedies or penalties provided for in this chapter or now or hereafter existing at law or in equity, and such remedies shall be concurrent and alternative and neither singly nor combined shall the same be exclusive.
RCW 15.37.130 — Washington Code / Title 15 / Chapter 37 / Section 130
RCW 15.37.130: Injunctions authorized.
Status: in_force

The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any rule adopted pursuant to this chapter in the superior court of Thurston county, notwithstanding the existence of any other remedy at law.
RCW 15.37.110 — Washington Code / Title 15 / Chapter 37 / Section 110
RCW 15.37.110: Labels on containers—Contents.
Status: in_force

It shall be unlawful to sell, offer for sale, hold for sale, trade, barter, or to offer as an inducement for the sale of another product, milk, cream, or skim milk subject to the provisions of this chapter in containers which are not labeled in a conspicuous location readily visible to any person handling such containers with the following: (1) The name and address of the producer or distributor in letters not less than one-fourth inch in size. (2) The name of the contents in letters not less than one-fourth inch in size. (3) The words "not for human consumption" in letters at least one-half inch in size. (4) The words "decharacterized with harmless food coloring" in letters not less than one-fourth inch in size.
RCW 15.65.285 — Washington Code / Title 15 / Chapter 65 / Section 285
RCW 15.65.285: Restrictive provisions of chapter 43.19 RCW not applicable to promotional printing and literature of commodity boards.
Status: in_force

The restrictive provisions of chapter 43.19 RCW shall not apply to promotional printing and literature for any commodity board.
RCW 15.24.215 — Washington Code / Title 15 / Chapter 24 / Section 215
RCW 15.24.215: Funding staff support—Rules.
Status: in_force

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 commodity board or commission. The commission shall provide funds to the department according to the rules adopted by the director.
RCW 22.09.110 — Washington Code / Title 15 / Chapter 09 / Section 110
RCW 22.09.110: Casualty insurance required—Certificate to be filed.
Status: in_force

All commodities in storage in a warehouse shall be kept fully insured for the current market value of the commodity for the license period against loss by fire, lightning, internal explosion, windstorm, cyclone, and tornado. Evidence of the insurance coverage in the form of a certificate of insurance approved by the department shall be filed by the warehouse operator with the department at the time of making application for an annual license to operate a warehouse as required by this chapter. The department shall not issue a license until the certificate of insurance is received.In regard to any charge made pursuant to RCW 15.09.080 , if either the horticultural pest and disease board or the superior court on judicial review disallows such charge, then any amount paid on such charge, together with any interest or penalty, shall be promptly refunded by the county from the county's current expense fund or from any other county funds available. In addition, the county shall pay six percent simple annual interest on such amount refunded.
RCW 15.13.500 — Washington Code / Title 15 / Chapter 13 / Section 500
RCW 15.13.500: Suspension of license—Reissuance.
Status: in_force

The department shall immediately suspend any license issued under this chapter if the holder of the license has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for licensure during the suspension, reissuance of the license shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.The department leases state lands and space on towers located on state lands to amateur radio operators for their repeater stations. These sites are necessary to maintain emergency communications for public safety and for use in disaster relief and search and rescue support. The licensed amateur radio operators of the state provide thousands of hours of public communications service to the state every year. Their communication network spans the entire state, based in individual residences and linked across the state through a series of mountain-top repeater stations. The amateur radio operators install and maintain their radios and the electronic repeater stations at their own expense. The amateur radio operators who use their equipment to perform public services should not bear the sole responsibility for supporting the electronic repeater stations. In recognition of the essential role performed by the amateur radio operators in emergency communications, the legislature intends to reduce the rental fee paid by the amateur radio operators while assuring the department full market rental for the use of state-owned property.
RCW 15.13.311 — Washington Code / Title 15 / Chapter 13 / Section 311
RCW 15.13.311: Christmas tree grower exemptions—License—Fees.
Status: in_force

(1) Any Christmas tree grower owning Christmas trees, whose business consists solely of retail sales to the ultimate consumer, is exempt from the requirements of this section if: (a) The grower has less than one acre of Christmas trees; or (b) The grower harvests, by u-cut or otherwise, fewer than four hundred Christmas trees per year. (2) Licensed nursery dealers who furnish live plants for planting to Christmas tree growers are exempt from the requirements of this section. (3) No person may operate as a Christmas tree grower without first obtaining a license from the department. (a) The application must be accompanied by an annual fee, as established by the director in rule. The annual fee must not exceed forty dollars as a basic charge and a maximum of four dollars per acre as an acreage assessment. The annual Christmas tree grower license fee for any person may not exceed five thousand dollars. (b) The department may audit licensees during normal business hours to determine that appropriate fees have been paid.
RCW 69.04.120 — Washington Code / Title 15 / Chapter 04 / Section 120
RCW 69.04.120: Procedure on embargo.
Status: in_force

When the director has embargoed an article, he or she shall, forthwith and without delay and in no event later than thirty days after the affixing of notice of its embargo, petition the superior court for an order affirming the embargo. The court then has jurisdiction, for cause shown and after prompt hearing to any claimant of the embargoed article, to issue an order which directs the removal of the embargo or the destruction or the correction and release of the article. An order for destruction or correction and release shall contain such provision for the payment of pertinent court costs and fees and administrative expenses as is equitable and which the court deems appropriate in the circumstances. An order for correction and release may contain such provision for a bond as the court finds indicated in the circumstances.For the purpose of carrying out the provisions of RCW 15.04.110 the director may make expenditures and contract for personal services, control materials and equipment as required to carry out such predatory bird control functions.
RCW 15.65.028 — Washington Code / Title 15 / Chapter 65 / Section 028
RCW 15.65.028: Regulating agricultural commodities—Existing comprehensive scheme.
Status: in_force

The history, economy, culture, and the future of Washington state to a large degree all involve agriculture. In order to develop and promote Washington's agricultural products as part of the existing comprehensive scheme to regulate agricultural commodities, the legislature declares: (1) That the marketing of agricultural products within this state is in the public interest. It is vital to the continued economic well-being of the citizens of this state and their general welfare that its agricultural commodities be properly promoted by (a) enabling producers of agricultural commodities to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standardizing of the commodities they produce and (b) working towards stabilizing the agricultural industry by increasing consumption of agricultural commodities within the state, the nation, and internationally; (2) That farmers and ranchers operate within a regulatory environment that imposes burdens on them for the benefit of society and the citizens of the state and includes restrictions on marketing autonomy. Those restrictions may impair the agricultural producer's ability to compete in local, domestic, and foreign markets; (3) That it is now in the overriding public interest that support for the agricultural industry be clearly expressed, that adequate protection be given to agricultural commodities, uses, activities, and operations, and that each agricultural commodity be promoted individually, and as part of a comprehensive industry to: (a) Enhance the reputation and image of Washington state's agricultural commodities; (b) Increase the sale and use of Washington state's agricultural commodities in local, domestic, and foreign markets; (c) Protect the public by educating the public in reference to the quality, care, and methods used in the production of Washington state's agricultural commodities; (d) Increase the knowledge of the health-giving qualities and dietetic value of Washington state's agricultural commodities and products; and (e) Support and engage in programs or activities that benefit the planting, production, harvesting, handling, processing, marketing, and uses of agricultural commodities produced in Washington state; (4) That the director seek to enhance, protect, and perpetuate the ability of the private sector to produce food and fiber, and seek to maintain the economic well-being of the agricultural industry in Washington state consistent with its regulatory activities and responsibilities; (5) That the director is hereby authorized to implement, administer, and enforce this chapter through the adoption of marketing orders that establish commodity boards; and (6) That this chapter is enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.
RCW 15.115.090 — Washington Code / Title 15 / Chapter 115 / Section 090
RCW 15.115.090: Removal of a commission member.
Status: in_force

If a commission member fails or refuses to perform his or her duties due to excessive absence or abandonment of his or her position or engages in any acts of dishonesty or willful misconduct, a majority of a quorum of the commission may recommend in writing to the director that the commission member be removed from his or her position on the commission. Upon receiving this recommendation, the director shall review the matter, including any statement from the commission member who is the subject of the recommendation, and determine whether adequate cause for removal is present. If the director finds that adequate cause for removal exists, the director shall remove the member from his or her commission position. The position is then vacant and must be filled as set forth in this chapter.
RCW 15.13.250 — Washington Code / Title 15 / Chapter 13 / Section 250
RCW 15.13.250: Definitions.
Status: in_force

For the purpose of this chapter: (1) "Business licensing system" means the mechanism established by chapter 19.02 RCW by which business licenses, endorsed for individual state-issued licenses, are issued and renewed utilizing a business license application and a business license expiration date common to each renewable license endorsement. (2) "Certificate" or "certificate of inspection" means an official document certifying compliance with the requirements of this chapter. The term "certificate" includes labels, rubber stamp imprints, tags, permits, written statements, or any other form of certification document that accompanies the movement of inspected and certified plant material, including Christmas trees. (3) "Christmas tree" means a cut evergreen tree: (a) Of a marketable species; (b) Managed to produce trees meeting United States number 2 or better standards for Christmas trees as specified by the United States department of agriculture; and (c) Evidencing periodic maintenance practices of shearing or culturing, or both; weed and brush control; and one or more of the following practices: Basal pruning, fertilization, insect and disease control, stump culture, soil cultivation, and irrigation. (4) "Christmas tree grower" means any person who grows Christmas trees for sale. (5) "Compliance agreement" means a written agreement between the department and a person engaged in growing, handling, or moving articles, plants, or plant products regulated under this chapter or title, in which the person agrees to comply with stipulated requirements. (6) "Consignor" means the person named in the invoice, bill, or other shipping document accompanying a horticultural plant as the person from whom the horticultural plant has been received for shipment. (7) "Department" means the department of agriculture of the state of Washington. (8) "Director" means the director of the department or the director's duly authorized representative. (9) "Horticultural facilities" means, but is not limited to, the premises where horticultural plants or Christmas trees are grown, stored, handled or delivered for sale or transportation, or where records required under this chapter are stored or kept, and all vehicles and equipment used to transport horticultural plants or Christmas trees. (10) "Horticultural plant" includes, but is not limited to, any horticultural, floricultural, or viticultural plant, or turf, for planting, propagation or ornamentation growing or otherwise. The term does not apply to potato, garlic, or onion planting stock or to cut plant material, except plant parts used for propagative purposes. (11) "Inspection and/or certification" means, but is not limited to, the inspection by the director of horticultural plants or Christmas trees at any time prior to, during, or subsequent to harvest or sale and the issuance by the director of a written certificate stating if the horticultural plants or Christmas trees are in compliance with the provisions of this chapter and rules adopted under this chapter. Inspection may include, but is not limited to, examination of horticultural plants or Christmas trees, taking samples, destructive testing, conducting interviews, taking photographs, and examining records. (12) "Nursery dealer" means any person who sells horticultural plants or plants, grows, receives, or handles horticultural plants for the purpose of selling or planting for another person. (13) "Person" means any individual, firm, partnership, corporation, company, society and association, and every officer, agent or employee thereof. (14) "Plant pests" means, but is not limited to, a living stage of insect, mite, or other arthropod; nematode; slug, snail, or other mollusk; protozoa or other invertebrate animals; bacteria; fungus; virus; viroid; phytoplasma; weed or parasitic plant; or any organisms similar to or allied with any of the plant pests listed in this section; or any infectious substance; which can directly or indirectly injure or cause disease or damage to any plant or plant product or that threatens the diversity or abundance of native species. (15) "Sell" means to sell, hold for sale, offer for sale, handle, or to use as an inducement for the sale of another article or product. (16) "This chapter" means this chapter and the rules adopted under this chapter. (17) "Turf" means field-cultivated turf grass sod consisting of grass varieties, or blends of grass varieties, and dichondra or use in residential and commercial landscapes.
RCW 15.92.060 — Washington Code / Title 15 / Chapter 92 / Section 060
RCW 15.92.060: Laboratory responsibilities.
Status: in_force

The responsibilities of the laboratory shall include: (1) Evaluating regional requirements for minor crop registration through the federal IR-4 program; (2) Providing a program for tracking the availability of effective pesticides for minor crops, minor uses, and emergency uses in this state; (3) Conducting studies on the fate of pesticides on crops and in the environment, including soil, air, and water; (4) Improving pesticide information and education programs; (5) Assisting federal and state agencies with questions regarding registration of pesticides which are deemed critical to crop production, consistent with priorities established in RCW 15.92.070 ; and (6) Assisting in the registration of biopesticides, pheromones, and other alternative chemical and biological methods.
RCW 15.24.910 — Washington Code / Title 15 / Chapter 24 / Section 910
RCW 15.24.910: Liberal construction.
Status: in_force

This chapter shall be liberally construed.
RCW 15.80.540 — Washington Code / Title 15 / Chapter 80 / Section 540
RCW 15.80.540: Certified weight tickets—Retention of copies—Records.
Status: in_force

(1) Certified weight tickets shall be delivered to the person receiving the weighed commodity at the time of delivery. The weight ticket must accompany the vehicle that transports such commodity. (2) A copy must be provided to the seller by the carrier of the weighed commodity. (3) The weighmaster that provided the certified weight ticket must retain a copy for a period of one year. (4) The weighmaster must retain such other records as the director shall determine necessary to carry out the purposes of this chapter. (5) These records shall be made available at all reasonable business hours for inspection by the director.
RCW 15.92.030 — Washington Code / Title 15 / Chapter 92 / Section 030
RCW 15.92.030: Primary activities—Cooperative with University of Washington.
Status: in_force

The center is to work cooperatively with the University of Washington to maximize the use of financial resources in addressing forestry issues. The center's primary activities include but are not limited to: (1) Research programs which focus on developing possible alternative production and marketing systems through: (a) Integrated pest management; (b) Biological pest control; (c) Plant and animal breeding; (d) Conservation strategies; and (e) Understanding the ecological basis of nutrient management; (2) Extension programs which focus on: (a) On-farm demonstrations and evaluation of alternative production practices; (b) Information dissemination, and education concerning sustainable agriculture and natural resource systems; and (c) Communication and training on sustainable agriculture strategies for consumers, producers, and farm and conservation-related organizations; (3) On-farm testing and research to calculate and demonstrate costs and benefits, including economic and environmental benefits and trade-offs, inherent in farming systems and technologies; (4) Crop rotation and other natural resource processes such as pest-predator interaction to mitigate weed, disease, and insect problems, thereby reducing soil erosion and environmental impacts; (5) Management systems to improve nutrient uptake, health, and resistance to diseases and pests by incorporating the genetic and biological potential of plants and animals into production practices; (6) Soil management, including conservation tillage and other practices to minimize soil loss and maintain soil productivity; and (7) Animal production systems emphasizing preventive disease practices and mitigation of environmental pollution.
RCW 23.86.070 — Washington Code / Title 15 / Chapter 86 / Section 070
RCW 23.86.070: Applicable fees, charges, and penalties.
Status: in_force

Associations organized under or subject to this chapter are subject to the applicable fees, charges, and penalties established by the secretary of state under RCW 23.95.260 and 43.07.120 .(1) The director may adopt rules establishing a program for certifying producers, processors, and handlers as meeting state, national, or international standards for organic or transitional products. (2) The rules: (a) May govern, but are not limited to governing: (i) The number and scheduling of on-site visits, both announced and unannounced, by certification personnel; (ii) Recordkeeping requirements; and (iii) The submission of product samples for chemical analysis; and (b) Shall include a fee schedule that will provide for the recovery of the full cost of the program. (3) All fees collected under this chapter shall be deposited in an account within the agricultural local fund. The revenue from such fees shall be used solely for carrying out the provisions of this chapter, and no appropriation is required for disbursement from the fund. (4) The director may employ such personnel as are necessary to carry out the provisions of this chapter.
RCW 15.28.160 — Washington Code / Title 15 / Chapter 28 / Section 160
RCW 15.28.160: Annual assessment—Exemption—Brined sweet cherries assessable.
Status: in_force

An annual assessment is hereby levied upon all commercial soft tree fruits grown in the state or packed as Washington soft tree fruit of fifty cents per two thousand pounds (net weight) of said fruits, when shipped fresh or delivered to processors, whether in bulk, loose in containers, or packaged in any style of package, except, that all sales of five hundred pounds or less of such fruits sold by the producer direct to the consumer shall be exempt from said assessments. Sweet cherries which are brined are deemed to be commercial soft tree fruit and therefore assessable hereunder.
RCW 15.100.100 — Washington Code / Title 15 / Chapter 100 / Section 100
RCW 15.100.100: List of all Washington producers—Confidential—Reporting system for assessment purposes.
Status: in_force

(1) The commission shall cause a list to be prepared of all Washington producers of forest products from any information available from the commission, producers' association, or producers, including tax records from the department of revenue. This list shall contain the names and addresses of all persons who produce forest products within this state, the amount of forest products produced during the period designated by the commission, and the assessment amount for each member. The list is considered confidential and may be reviewed only by the employees of the commission, except for information that may be disclosed to the public and commission members under subsection (4) of this section. A qualified person may, at any time, have his or her name placed upon the list by delivering or mailing the information to the commission. This list shall be corrected and brought up-to-date in accordance with evidence and information available to the commission on or before December 31st of each year, or as soon thereafter as possible. For all purposes of giving notice and holding referendums, the list on hand, corrected up to the day next preceding the date for issuing notices or ballots as the case may be, is, for purposes of this chapter, the list of all producers entitled to notice or to assent or dissent or to vote. (2) The commission shall develop a reporting system to document that the producers of forest products in this state are reporting quantities of forest products produced and subject to the assessment as provided in RCW 15.100.110 . (3) The department of revenue may charge the commission for the reasonable costs of providing reports of harvest activity on a quarterly basis. (4) Any taxpayer information received by the commission from the department of revenue may only be used for the limited purposes of establishing lists of producers necessary to determine eligibility for voting, eligibility for serving as a commission member, the amount of assessments owed, or other necessary purposes as established by law. Any return or tax information received from the department of revenue may be reviewed only by the employees of the commission. Employees may disclose to the public and commission members a list of commission members, groupings of at least three commission members by the amount of forest products harvested over any time period designated by the commission of at least one quarter, and the members who are eligible for the various positions on the commission.
RCW 24.28.010 — Washington Code / Title 15 / Chapter 28 / Section 010
RCW 24.28.010: Manner of incorporating a grange.
Status: in_force

Any grange of the patrons of husbandry, desiring hereafter to incorporate, may incorporate and become bodies politic in this state, by filing in the office of the secretary of state of Washington in accordance with Article 2 of chapter 23.95 RCW, a certificate or article subscribed and acknowledged by not less than five members of such grange and by the master of the Washington state grange embodying: (1) The name of such grange and the place of holding its meetings. (2) What elective officers the said grange will have, when such officers shall be elected; how, and by whom, the business of the grange shall be conducted or managed, and what officers shall join in the execution of any contract by such grange to give force and effect in accordance with the usages of the order of the patrons of husbandry; such articles shall be subscribed by the master of such grange attested by the secretary, with the seal of the grange. (3) A copy of the bylaws of such grange shall also be filed in the said office of the secretary of state. (4) The names of all such officers at the time of filing the application, and the time for which they may be respectively elected. When such articles shall be filed, such grange shall be a body politic and corporate, with all the incidents of a corporation, subject nevertheless to the laws and parts of laws now in force or hereafter to be passed regulating corporations.As used in this chapter: (1) "Commission" means the Washington state fruit commission. (2) "Shipment" or "shipped" includes loading in a conveyance to be transported to market for resale, and includes delivery to a processor or processing plant, but does not include movement from the orchard where grown to a packing or storage plant within this state for fresh shipment; (3) "Handler" means any person who ships or initiates the shipping operation, whether as owner, agent or otherwise; (4) "Dealer" means any person who handles, ships, buys, or sells soft tree fruits other than those grown by him or her, or who acts as sales or purchasing agent, broker, or factor of soft tree fruits; (5) "Processor" or "processing plant" includes every person or plant receiving soft tree fruits for the purpose of drying, dehydrating, canning, pressing, powdering, extracting, cooking, quick-freezing, brining, or for use in manufacturing a product; (6) "Soft tree fruits" mean Bartlett pears and all varieties of cherries, apricots, prunes, plums, and peaches, which includes all varieties of nectarines. "Bartlett pears" means and includes all standard Bartlett pears and all varieties, strains, subvarieties, and sport varieties of Bartlett pears including Red Bartlett pears, that are harvested and utilized at approximately the same time and approximately in the same manner. (7) "Commercial fruit" or "commercial grade" means soft tree fruits meeting the requirements of any established or recognized fresh fruit or processing grade. Fruit bought or sold on orchard run basis and not subject to cull weighback shall be deemed to be "commercial fruit." (8) "Cull grade" means fruit of lower than commercial grade except when such fruit included with commercial fruit does not exceed the permissible tolerance permitted in a commercial grade; (9) "Producer" means any person who is a grower of any soft tree fruit; (10) "District No. 1" or "first district" includes the counties of Chelan, Okanogan, Grant, Douglas, Ferry, Stevens, Pend Oreille, Spokane and Lincoln; (11) "District No. 2" or "second district" includes the counties of Kittitas, Yakima, and Benton county north of the Yakima river; (12) "District No. 3" or "third district" comprises all of the state not included in the first and second districts; (13) "Mail" or "send" for purposes of any notice relating to rule making, referenda, or elections means regular mail or electronic distribution, as provided in RCW 34.05.260 for rule making. "Electronic distribution" or "electronically" means distribution by electronic mail or facsimile mail; (14) "Department" means the department of agriculture; (15) "Director" means the director of agriculture.
RCW 15.65.650 — Washington Code / Title 15 / Chapter 65 / Section 650
RCW 15.65.650: Hop commodity board—Powers.
Status: in_force

In order to ensure a viable and stable hop industry within the state of Washington and to further the policies set forth in RCW 15.65.040 (2) (d) and (f), the legislature specifically recognizes that the hop commodity board has the power to enter into contracts, at its discretion, with individual producers of hops to set aside or remove from production existing planted hop acreage until such time as the need to contract with individual producers of hops is eliminated based on the adoption of a federal marketing order. This section does not limit the director's duty under RCW 15.65.600 .
RCW 15.44.020 — Washington Code / Title 15 / Chapter 44 / Section 020
RCW 15.44.020: Commission composition.
Status: in_force

The commission shall be composed of producers and at least one dealer. The director shall be a voting member of the commission. As used in this chapter, "director" means the director of agriculture or his or her authorized representative.
RCW 19.30.060 — Washington Code / Title 15 / Chapter 30 / Section 060
RCW 19.30.060: License—Revocation, suspension, refusal to issue or renew.
Status: in_force

Any person may protest the grant or renewal of a license under this section. The director may revoke, suspend, or refuse to issue or renew any license when it is shown that: (1) The farm labor contractor or any agent of the contractor has violated or failed to comply with any of the provisions of this chapter; (2) The farm labor contractor has made any misrepresentations or false statements in his or her application for a license; (3) The conditions under which the license was issued have changed or no longer exist; (4) The farm labor contractor, or any agent of the contractor, has violated or wilfully aided or abetted any person in the violation of, or failed to comply with, any law of the state of Washington regulating employment in agriculture, the payment of wages to farm employees, or the conditions, terms, or places of employment affecting the health and safety of farm employees, which is applicable to the business activities, or operations of the contractor in his or her capacity as a farm labor contractor; (5) The farm labor contractor or any agent of the contractor has in recruiting farm labor solicited or induced the violation of any then existing contract of employment of such laborers; or (6) The farm labor contractor or any agent of the contractor has an unsatisfied judgment against him or her in any state or federal court, arising out of his or her farm labor contracting activities. The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.The director shall adopt rules: (1) Prescribing the maximum amount of oxygen that may be retained in a sealed controlled atmosphere storage warehouse: PROVIDED, That such maximum amount of oxygen retained shall not exceed five percent when apples are stored in such controlled atmosphere storage warehouse. (2) Prescribing the period in which the oxygen content shall be reduced to the amount prescribed in subsection (1) of this section: PROVIDED, That such period shall not exceed twenty days when apples are stored in such controlled atmosphere warehouse. (3) The length of time and the degrees of temperature at which any fruits or vegetables shall be retained in controlled atmosphere storage, before they may be classified as having been stored in controlled atmosphere storage: PROVIDED, That such period shall not be less than forty-five days for Gala and Jonagold varieties and not less than sixty days for other apples.
RCW 15.65.440 — Washington Code / Title 15 / Chapter 65 / Section 440
RCW 15.65.440: Assessments personal debt—Additional percentage if not paid—Civil action to collect.
Status: in_force

Any due and payable assessment herein levied in such specified amount as may be determined by the director or his or her designee pursuant to the provisions of this chapter and such agreement or order, 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 director or his or her designee when payment is called for by him or her. In the event any person fails to pay the director or his or her designee the full amount of such assessment or such other sum on or before the date due, the director or his or her designee may, and is hereby authorized to, add to such unpaid assessment or sum an amount not exceeding ten percent of the same to defray the cost of enforcing the collecting of the same. In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the director or his or her designee may bring a civil action against such person or persons in a court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.
RCW 89.08.210 — Washington Code / Title 15 / Chapter 08 / Section 210
RCW 89.08.210: Powers and duties of supervisors.
Status: in_force

The supervisors may employ a secretary, treasurer, technical experts, and such other officers, agents, and employees, permanent and temporary, as they may require, and determine their qualifications, duties, and compensation. It may call upon the attorney general for legal services, or may employ its own counsel and legal staff. The supervisors may delegate to their chair, to one or more supervisors, or to one or more agents or employees such powers and duties as it deems proper. The supervisors shall furnish to the commission, upon request, copies of such internal rules, regulations, orders, contracts, forms, and other documents as they shall adopt or employ, and such other information concerning their activities as the commission may require in the performance of its duties under chapter 184, Laws of 1973 1st ex. sess. The supervisors shall provide for the execution of surety bonds for officers and all employees who shall be entrusted with funds or property. The supervisors shall provide for the keeping of a full and accurate record of all proceedings, resolutions, regulations, and orders issued or adopted. The supervisors shall provide for an annual audit of the accounts of receipts and disbursements in accordance with procedures prescribed by regulations of the commission. The board may invite the legislative body of any municipality or county near or within the district, to designate a representative to advise and consult with it on all questions of program and policy which may affect the property, water supply, or other interests of such municipality or county. The governing body of a district shall appoint such advisory committees as may be needed to assure the availability of appropriate channels of communication to the board of supervisors, to persons affected by district operations, and to local, regional, state and interstate special-purpose districts and agencies responsible for community planning, zoning, or other resource development activities. The district shall keep such committees informed of its work, and such advisory committees shall submit recommendations from time to time to the board of supervisors.At the hearing there must be competent proof that all parties interested in the premises or property have been duly served with said notice, and that the procedure prescribed in RCW 15.08.050 , 15.08.060 , 15.08.070 , 15.08.080 , 15.08.090 , and 15.08.180 has been duly followed. The report of the inspection board shall be prima facie evidence that the premises are infested and constitute a nuisance. If there is no showing that said board acted in a capricious, arbitrary or unfair manner, the court shall accept the recommendation of said board and forthwith decree the plants, produce or property on the premises to constitute a nuisance and order the inspector-at-large of the district and the county commissioners to destroy the same, or abate the nuisance in such other manner as the court may direct. The costs of destruction or abatement, and of the proceedings shall be taxed against the defendants therein.
RCW 15.66.010 — Washington Code / Title 15 / Chapter 66 / Section 010
RCW 15.66.010: Definitions.
Status: in_force

For the purposes of this chapter: (1) "Affected commodity" means the agricultural commodity that is specified in the marketing order. (2) "Affected handler" means any handler of an affected commodity. (3) "Affected parties" means any producer, affected producer, handler, or commodity commission member. (4) "Affected producer" means any producer who is subject to a marketing order. (5) "Agricultural commodity" means any of the following commodities or products: Llamas, alpacas, or any other animal or any distinctive type of agricultural, horticultural, viticultural, vegetable, and/or animal product, including, but not limited to, products qualifying as organic products under chapter 15.86 RCW and private sector cultured aquatic products as defined in RCW 15.85.020 and other fish and fish products, within its natural or processed state, including beehives containing bees and honey and Christmas trees but not including timber or timber products. The director is authorized to determine what kinds, types or subtypes should be classed together as an agricultural commodity for the purposes of this chapter. (6) "Assessment" means the monetary amount established in a marketing order that is to be paid by each affected producer to a commission in accordance with the schedule established in the marketing order. (7) "Commodity commission" or "commission" means a commission formed to carry out the purposes of this chapter under a particular marketing order concerning an affected commodity. (8) "Cooperative association" means any incorporated or unincorporated association of producers which conforms to the qualifications set out in the act of Congress of the United States, Feb. 18, 1922, chapter 57, sections 1 and 2, 42 U.S. Statutes at Large 388 as amended, known as the "Capper-Volstead Act" and which is engaged in making collective sales or in marketing any agricultural commodity or product thereof or in rendering service for or advancing the interests of the producers of such commodity on a nonprofit cooperative basis. (9) "Department" means the department of agriculture of the state of Washington. (10) "Director" means the director of agriculture of the state of Washington or any qualified person or persons designated by the director of agriculture to act for him or her concerning some matter under this chapter. (11) "Handler" means any person who acts, either as principal, agent, or otherwise, in the processing, selling, marketing, or distributing of an agricultural commodity that is not produced by the handler. "Handler" does not include a common carrier used to transport an agricultural commodity. "To handle" means to act as a handler. (12) "List of affected handlers" means a list containing the names and addresses of affected handlers. This list must contain the names and addresses of all affected handlers and, if requested by the director, the amount, by unit, of the affected commodity handled during a designated period under this chapter. (13) "List of affected parties" means a list containing the names and mailing addresses of affected parties. This list must contain the names and addresses of all affected parties and, if requested by the director, the amount, by unit, of the affected commodity produced during a designated period under this chapter. (14) "List of affected producers" means a list containing the names and mailing addresses of affected producers. This list must contain the names and addresses of all affected producers and, if requested by the director, the amount, by unit, of the affected commodity produced during a designated period under this chapter. (15) "Mail" or "send," for purposes of any notice relating to rule making, referenda, or elections, means regular mail or electronic distribution, as provided in RCW 34.05.260 for rule making. "Electronic distribution" or "electronically" means distribution by electronic mail or facsimile mail. (16) "Marketing order" means an order adopted by rule by the director that establishes a commodity commission for an agricultural commodity pursuant to this chapter. (17) "Member of a cooperative association" or "member" means any producer of an agricultural commodity who markets his or her product through such cooperative association and who is a voting stockholder of or has a vote in the control of or is under a marketing agreement with such cooperative association with respect to such product. (18) "Percent by numbers" means the percent of those persons on the list of affected parties or affected producers. (19) "Person" includes any individual, firm, corporation, limited liability company, trust, association, partnership, society, or any other organization of individuals or any unit or agency of local, state, or federal government. (20) "Producer" means any person engaged in the business of producing or causing to be produced for market in commercial quantities any agricultural commodity. "To produce" means to act as a producer. For the purposes of this chapter, "producer" shall include bailees who contract to produce or grow any agricultural product on behalf of a bailor who retains title to the seed and its resulting agricultural product or the agricultural product delivered for further production or increase. (21) "Referendum" means a vote by the affected parties or affected producers which is conducted by secret ballot. (22) "Rule-making proceedings" means rule making under chapter 34.05 RCW. (23) "Unfair trade practice" means any practice which is unlawful or prohibited under the laws of the state of Washington including but not limited to Titles 15 , 16 and 69 RCW and chapters 9.16 , 19.77, 19.80, 19.84, and 19.83 RCW, or any practice, whether concerning interstate or intrastate commerce that is unlawful under the provisions of the act of Congress of the United States, September 26, 1914, chapter 311, section 5, 38 U.S. Statutes at Large 719 as amended, known as the "Federal Trade Commission Act of 1914", or the violation of or failure accurately to label as to grades and standards in accordance with any lawfully established grades or standards or labels. (24) "Unit" means a unit of volume, quantity or other measure in which an agricultural commodity is commonly measured. (25) "Vacancy" means that a commission member leaves or is removed from a position on the commission prior to the end of a term, or a nomination process for the beginning of a term concludes with no candidates for a position. (26) "Volume of production" means the percent of the average volume of production of the affected commodity of those on the list of affected parties or affected producers for a production period. For the purposes of this chapter, a production period is a minimum three-year period or as specified in the marketing order.
RCW 15.44.032 — Washington Code / Title 15 / Chapter 44 / Section 032
RCW 15.44.032: Terms—Vacancies.
Status: in_force

(1) Except as provided in this section for initial appointments after redistricting or boundary modification, the term of office of each producer member of the commission shall be three years. Commission members shall continue to serve their terms until new appointments are made. (2) Any vacancies that occur on the commission shall be filled by appointment by the director from a list containing the names of a candidate or candidates forwarded to the director by the commission. The director has the discretion to appoint or reject the candidate or candidates and, if the candidate or candidates are rejected, request additional candidates. The appointee shall hold office for the remainder of the term for which he or she is appointed to fill, so that commission memberships shall be on a uniform staggered basis. (3) The term of office of each dealer shall be three years or until such time as a successor is duly appointed. Any vacancy for a dealer shall be forthwith filled by the director. The director, in making any dealer appointments, may consider lists of nominees supplied by dealers or producers also acting as dealers.
RCW 15.62.230 — Washington Code / Title 15 / Chapter 62 / Section 230
RCW 15.62.230: Prosecutions—Superior court jurisdiction—Equitable remedies.
Status: in_force

(1) Any prosecution brought under this chapter may be instituted in any county in which the defendant or any defendant resides, or in which the violation was committed, or in which the defendant or any defendant has his or her principal place of business. (2) The commission is hereby vested with the authority to utilize the services of the local prosecuting attorneys or special prosecutors as agreed upon by the commission and the local prosecutor for purposes of carrying out the prosecution of cases brought under this chapter. (3) The superior courts are hereby vested with jurisdiction to enforce the provisions of this chapter, and the rules and regulations of the commission issued hereunder, and to prevent and enjoin and restrain violations thereof.
RCW 15.58.270 — Washington Code / Title 15 / Chapter 58 / Section 270
RCW 15.58.270: Subpoenas—Witness fees.
Status: in_force

The director may issue subpoenas to compel the attendance of witnesses and/or production of books, documents and records in the county in which the person licensed under this chapter resides in any hearing affecting the authority or privilege granted by a license, registration or permit issued under the provisions of this chapter. Witnesses shall be entitled to fees for attendance and travel, as provided for in chapter 2.40 RCW as enacted or hereafter amended.
RCW 15.36.571 — Washington Code / Title 15 / Chapter 36 / Section 571
RCW 15.36.571: Department authorized to assess inspection fee on certain manufacturing facilities.
Status: in_force

The department may, upon inspection, assess an inspection fee on any manufacturing facility that is required to be inspected under the PMO and does not satisfy the definition of "milk processing plant" as defined in this chapter, "food processing plant" as defined in RCW 69.07.010 , or "food storage warehouse" as defined in RCW 69.10.005 .
RCW 15.61.050 — Washington Code / Title 15 / Chapter 61 / Section 050
RCW 15.61.050: Violations—Penalty.
Status: in_force

(1) Except as provided in subsection (2) of this section, any person violating the provisions of this chapter or rules adopted hereunder is guilty of a misdemeanor. (2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a previous conviction shall be considered a first offense.
RCW 15.54.265 — Washington Code / Title 15 / Chapter 54 / Section 265
RCW 15.54.265: Intent—1998 c 36.
Status: in_force

(1) The legislature intends to strengthen the state's fertilizer adulteration laws to protect human health and the environment by: (a) Ensuring that all fertilizers meet standards for allowable metals; (b) Allowing fertilizer purchasers and users to know about the contents of fertilizer products; and (c) Clarifying the department of ecology's oversight authority over waste-derived fertilizers. (2) The legislature intends to provide better information to the public on fertilizers, soils, and potential health effects by authorizing additional studies on plant uptake of metals and levels of dioxins in soils and products.
RCW 15.36.231 — Washington Code / Title 15 / Chapter 36 / Section 231
RCW 15.36.231: Raw milk or milk products—Bottling and capping—Packaging—Labeling.
Status: in_force

(1) Milk and milk products for consumption in the raw state shall be bottled or packaged on the farm where produced. Bottling and capping shall be done in a sanitary manner by means of approved equipment and operations. Caps or cap stock shall be purchased in sanitary containers and kept therein in a clean dry place until used. (2) All containers enclosing raw milk or any raw milk product shall be plainly labeled or marked with the word "raw" and the name of the producer or packager. The label or mark shall be in letters of a size, kind, and color approved by the director and shall contain no marks or words which are misleading.
RCW 15.100.160 — Washington Code / Title 15 / Chapter 100 / Section 160
RCW 15.100.160: Superior courts—Jurisdiction.
Status: in_force

The superior courts are hereby vested with jurisdiction to enforce this chapter and the rules of the commission, and to prevent and restrain violations thereof.
RCW 15.115.030 — Washington Code / Title 15 / Chapter 115 / Section 030
RCW 15.115.030: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Affected area" means the following counties located in the state of Washington: Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima. (2) "Affected producer" means any producer who is subject to this chapter. (3) "Assessment" means the monetary amount established by the commission in accordance with this chapter. (4) "Commercial channels" means the sale of wheat or barley for use as food, feed, seed, or any industrial or chemurgic use, when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any wheat or barley or product produced from wheat or barley. (5) "Commercial quantities" means five hundred or more bushels of wheat or twenty tons of barley produced for market in any calendar year by any producer. (6) "Commission" means the Washington grain commission. (7) "Department" means the department of agriculture of the state of Washington. (8) "Director" means the director of agriculture of the state of Washington or any qualified person or persons designated by the director of agriculture to act concerning some matter under this chapter. (9) "Grain" or "grains" means wheat and barley and includes all kinds and varieties of wheat and barley grown in the state of Washington. (10) "Handler" means any person who acts, either as principal, agent, or otherwise, in the processing, selling, marketing, or distributing of wheat or barley that is not produced by the handler. "Handler" does not include a common carrier used to transport an agricultural commodity. "To handle" means to act as a handler. (11) "Hosting" may include providing meals, refreshments, lodging, transportation, gifts of a nominal value, reasonable and customary entertainment, and normal incidental expenses at meetings or gatherings. (12) "Mail" or "send," for purposes of any notice relating to rule making, referenda, or elections, means regular mail or electronic distribution, as provided in RCW 34.05.260 for rule making. "Electronic distribution" or "electronically" means distribution by electronic mail or facsimile mail. (13) "Marketing year" means the twelve-month period beginning June 1st of any year and ending on May 31st of the subsequent year. "Fiscal year" means the twelve-month period beginning July 1st of any year and ending on June 30th of the subsequent year. (14) "Percent by numbers" means the percent of those persons on the list of affected parties or affected producers. (15) "Person" includes any individual, firm, corporation, limited liability company, trust, association, partnership, society, or any other organization of individuals, or any unit or agency of local or state government. (16) "Producer" means any person who is engaged in the business of producing or causing to be produced for market, in commercial quantities, wheat or barley grown in the designated affected area of the state of Washington, and who has been so engaged in at least one of the past three years. "Producer" includes a person who contracts to produce or grow wheat or barley on behalf of a person who retains title to the seed and its resulting agricultural product or the agricultural product delivered for further production or increase. "To produce" means to act as a producer. (17) "Promotional hosting" means the hosting of individuals and groups of individuals at meetings, meals, and gatherings for the purpose of cultivating trade relations and promoting sales of wheat or barley or processed wheat or barley products. (18) "Referendum" means a vote by the affected parties or affected producers which is conducted by secret ballot. (19) "Rule-making proceedings" means rule making under chapter 34.05 RCW. (20) "Vacancy" means that a commission member leaves or is removed from a position on the commission prior to the end of a term, or a nomination process for the beginning of a term concludes with no candidates for a position.
RCW 15.58.465 — Washington Code / Title 15 / Chapter 58 / Section 465
RCW 15.58.465: Structural pest inspector—Forms of evidence of financial responsibility—Amount—Terms.
Status: in_force

(1) The following requirements apply to the forms of evidence of financial responsibility required under RCW 15.58.460 . (a) Errors and Omissions Insurance . The amount of the errors and omissions insurance policy required by RCW 15.58.460 (2)(a) shall not be less than twenty-five thousand dollars. The insurance policy shall be maintained at not less than the required sum at all times during the licensed period. The insurance policy shall provide coverage for errors and omissions in an inspection conducted during the term of the policy. However, the policy may limit the insurer's liability on the policy in effect at the time of the inspection to two years from the date of the inspection. (b) Surety Bond . The amount of the surety bond required by RCW 15.58.460 (2)(b) shall not be less than twenty-five thousand dollars. The surety bond shall be maintained at not less than the required sum at all times during the licensed period. Any person having a claim against the structural pest inspector for legal damages as a result of the actions of the structural pest inspector may bring suit upon the bond in the court of the county in which the inspection took place or of the county in which jurisdiction of the structural pest inspector may be had. The surety issuing the bond shall be named as a party to any suit upon the bond. The suit upon the bond must be commenced within two years of the date of the inspection. (c) Surety Bond and Errors and Omissions Insurance . The amount of the surety bond required by RCW 15.58.460 (2)(c) shall not be less than twelve thousand five hundred dollars. Except as to the amount of the bond, the terms of the bond shall be identical to those set forth in (b) of this subsection. The amount of the errors and omissions insurance policy required by RCW 15.58.460 (2)(c) shall not be less than twenty-five thousand dollars. The insurance policy shall be maintained at not less than the required sum at all times during the licensed period. The insurance policy shall provide coverage for errors and omissions in an inspection conducted during the term of the policy. (d) Assigned Account . The amount of the assigned account required by RCW 15.58.460 (2)(d) shall not be less than twenty-five thousand dollars. The assigned account shall be held by the department to satisfy any execution on a judgment issued against the inspector for legal damages resulting from errors and omissions in the conduct of an inspection, according to the provisions of the assigned account agreement. The department has no liability for payment in excess of the amount of the assigned account. (i) The assigned account agreement filed with the director as evidence of financial responsibility shall be canceled at the expiration of two years after the inspector's license has expired or been revoked, or at the expiration of two years after the inspector has furnished another form of evidence of financial responsibility required by RCW 15.58.460 , unless legal action has been instituted against the inspector prior to the expiration of the two-year period and the director has been provided written notice of the same by the claimant. In such a case the director shall not cancel the assigned account agreement until the director either receives a copy of the order dismissing the action by registered or certified mail, or has received a copy of the unsatisfied judgment and has complied with the requirements of (d)(ii) of this subsection. (ii) Any person having an unsatisfied final judgment against the inspector for legal damages awarded based on errors and omissions in the conduct of an inspection may execute upon the funds in the assigned account by serving a certified copy of the unsatisfied final judgment by registered or certified mail upon the department within one year of the date of entry of such judgment. Upon the receipt of service of such certified copy the department shall direct the financial institution to pay from the assigned account, through the registry of the court which rendered judgment, towards the amount of the unsatisfied judgment. The priority of payment from the assigned account shall be the order of receipt of the final judgment by the department. (2) Nothing in subsection (1) of this section that limits the time period in which a suit must be commenced on a surety bond or in which a claim must be made on a policy effects the statute of limitations applicable to any claim any person may have against the structural pest inspector or company. (3) The director may only accept a surety bond or insurance policy as evidence of financial responsibility if the bond or policy is issued by an insurer authorized to do business in this state. The director shall be notified ten days before any reduction of insurance coverage at the request of the applicant or cancellation of the surety bond or insurance by the surety or insurer and by the insured. (4) The total and aggregate of the surety and insurer for all claims is limited to the face of the surety bond or insurance policy. The director may accept a surety bond or insurance policy in the proper sum that has a deductible clause in an amount not exceeding five thousand dollars for the total amount of surety bond or insurance required by this section. If the applicant has not satisfied the requirement of the deductible amount in any prior legal claim the deductible clause may not be accepted by the director unless the applicant furnishes the director with a surety bond or insurance policy which satisfies the amount of the deductible as to all claims that may arise.
RCW 15.65.183 — Washington Code / Title 15 / Chapter 65 / Section 183
RCW 15.65.183: Termination of marketing order or agreement—Petition—Procedure.
Status: in_force

The director may terminate a marketing order or agreement in accordance with this chapter. (1) To terminate a marketing order or agreement: (a) The director must receive a petition by affected producers under this chapter signed by at least ten percent of the affected producers; or (b) A majority of a commodity board may file a petition with the director. (2) The petitioners must include in the petition at the time of filing: (a) A statement of why the marketing order or agreement and the commodity board created under it no longer meets [meet] the purposes of this chapter; (b) The name of a person designated to represent the petitioners; and (c) The effective date of a marketing order or agreement termination, which may not be less than one year from the date the petition was filed with the director. (3) Within sixty days of receipt of a petition meeting the requirements of this section, the director shall commence rule-making proceedings to repeal the marketing order or agreement and, subsequently, a referendum on the issue. (4) The director shall include a copy of a petition to terminate a marketing order or agreement with the notice to affected producers when rule-making proceedings are commenced. (5) If the petitioners fail to meet the requirements of this chapter, the director shall deny the petition and a referendum vote will not be conducted. The person designated to represent the petitioners shall be notified if a petition is denied.
RCW 15.115.300 — Washington Code / Title 15 / Chapter 115 / Section 300
RCW 15.115.300: Proof of eligibility to vote or hold a position on the commission—Records—Inspection by commission—Confidentiality of information—Limitation of section.
Status: in_force

(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 of all wheat and barley handled. (3) Handlers' records must be in the form and contain the information as the commission may by rule prescribe, must be preserved for a period of three years, and are subject to inspection at any time upon demand of the commission or its agents. (4) The commission through its agents may enter and inspect the premises and records of any handler of wheat or barley for the purpose of enforcing this chapter. The commission has the authority to issue subpoenas for the production of books, records, documents, and other writings of any kind from any handler and from any person having, either directly or indirectly, actual or legal control of or over the premises, books, records, documents, or other writings, for the purpose of enforcing this chapter or rules adopted under this chapter. (5) All information furnished to or acquired by the commission or by an agent of the commission under this section must be kept confidential by all officers, employees, and agents of the commission, except as may be necessary in a suit or other legal proceeding brought by, on behalf of, or against the commission or its employees or agents involving the enforcement of this chapter or rules adopted under this chapter. (6) This section does not prohibit: (a) The issuance of general statements based upon the reports of a number of persons subject to this chapter, which statements do not identify the information furnished by any person; or (b) The publication by the commission or the director of the name of any person violating this chapter or rules adopted under this chapter, together with a statement of the particular provisions and the manner of the violation.
RCW 15.66.153 — Washington Code / Title 15 / Chapter 66 / Section 153
RCW 15.66.153: Promotional hosting expenditures—Rules.
Status: in_force

Agricultural commodity commissions shall adopt rules governing promotional hosting expenditures by commodity commission employees, agents, or commission members under RCW 15.04.200 .
RCW 15.70.010 — Washington Code / Title 15 / Chapter 70 / Section 010
RCW 15.70.010: Director may receive federal funds for rural rehabilitation corporation.
Status: in_force

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 provisions of public law 499, 81st congress, approved May 3, 1950, the trust assets, either funds or property, held by the United States as trustee in behalf of the Washington rural rehabilitation corporation.
RCW 15.44.022 — Washington Code / Title 15 / Chapter 44 / Section 022
RCW 15.44.022: Transition to defined districts and areas.
Status: in_force

(1) To accomplish the transition to the newly defined districts and areas as described in RCW 15.44.027 , the initial producer appointments are as follows: (a) The current incumbent representing district one must be appointed to the new district four position with an expiration date of June 30, 2015; (b) The current incumbent representing district two must be appointed to the eastern Washington at large position with an expiration date of June 30, 2015; (c) The current incumbent representing district three must be appointed to the new district one position with an expiration date of June 30, 2013; (d) The current incumbent representing district four must be appointed to the new district three position with an expiration date of June 30, 2013; (e) The current incumbent representing district five must be appointed to the state at large position with an expiration date of June 30, 2014; (f) The current incumbent representing district six must be appointed to the new western Washington at large position with an expiration date of June 30, 2014; (g) The current incumbent representing district seven must be appointed to the new district two position with an expiration date of June 30, 2014; and (h) The current incumbent representing dealers must be appointed to the dealer position with an expiration date of June 30, 2013. (2) Thereafter, producer and dealer members are nominated and appointed as provided for under RCW 15.44.021 and 15.44.033 .
RCW 15.28.260 — Washington Code / Title 15 / Chapter 28 / Section 260
RCW 15.28.260: Publications by commission—Subscriptions.
Status: in_force

If the commission publishes a bulletin or other publication, or a section in some established trade publication, for the dissemination of information to the soft tree fruit industry in this state, the first two dollars of any assessment paid annually by each grower, handler, dealer, and processor of such fruit shall be applied to the payment of his or her subscription to such bulletin or publication.The term "person" includes individual, partnership, corporation and/or association.
RCW 15.88.070 — Washington Code / Title 15 / Chapter 88 / Section 070
RCW 15.88.070: Commission powers and duties.
Status: in_force

The powers and duties of the commission include: (1) To elect a chair and such officers as the commission deems advisable. The officers shall include a treasurer who is responsible for all receipts and disbursements by the commission and the faithful discharge of whose duties shall be guaranteed by a bond at the sole expense of the commission. The commission shall adopt rules for its own governance, which shall provide for the holding of an annual meeting for the election of officers and transaction of other business and for such other meetings as the commission may direct; (2) To do all things reasonably necessary to effect the purposes of this chapter. However, the commission shall have no legislative power; (3) At the pleasure of the commission, to employ and discharge managers, secretaries, agents, attorneys, and employees and to engage the services of independent contractors as the commission deems necessary, to prescribe their duties, and to fix their compensation; (4) To receive donations of wine from wineries for promotional purposes; (5) To engage directly or indirectly in the promotion of Washington wine, including without limitation the acquisition in any lawful manner and the dissemination without charge of wine, which dissemination shall not be deemed a sale for any purpose and in which dissemination the commission shall not be deemed a wine producer, supplier, or manufacturer of any kind or the clerk, servant, or agent of a producer, supplier, or manufacturer of any kind. Such dissemination shall be for agricultural development or trade promotion, which may include promotional hosting and shall in the good faith judgment of the commission be in aid of the marketing, advertising, or sale of wine, or of research related to such marketing, advertising, or sale; (6) To acquire and transfer personal and real property, establish offices, incur expense, enter into contracts (including contracts for creation and printing of promotional literature, which contracts shall not be subject to chapter 43.19 RCW, but which shall be cancelable by the commission unless performed under conditions of employment which substantially conform to the laws of this state and the rules of the department of labor and industries). The commission may create such debt and other liabilities as may be reasonable for proper discharge of its duties under this chapter; (7) To maintain such account or accounts with one or more qualified public depositaries as the commission may direct, to cause moneys to be deposited therein, and to expend moneys for purposes authorized by this chapter by drafts made by the commission upon such institutions or by other means; (8) To cause to be kept and annually closed, in accordance with generally accepted accounting principles, accurate records of all receipts, disbursements, and other financial transactions, available for audit by the state auditor; (9) To create and maintain a list of producers and to disseminate information among and solicit the opinions of producers with respect to the discharge of the duties of the commission, directly or by arrangement with trade associations or other instrumentalities; (10) To employ, designate as agent, act in concert with, and enter into contracts with any person, council, commission or other entity for the purpose of promoting the general welfare of the vinifera grape industry and particularly for the purpose of assisting in the sale and distribution of Washington wine in domestic and foreign commerce, expending moneys as it may deem necessary or advisable for such purpose and for the purpose of paying its proportionate share of the cost of any program providing direct or indirect assistance to the sale and distribution of Washington wine in domestic or foreign commerce, employing and paying for vendors of professional services of all kinds; and (11) To sue and be sued as a commission, without individual liability for acts of the commission within the scope of the powers conferred upon it by this chapter.
RCW 15.160.050 — Washington Code / Title 15 / Chapter 160 / Section 050
RCW 15.160.050: Turf seed purchase contract terms.
Status: in_force

(1) The terms of a turf seed purchase contract must include: (a) The estimated date for seed delivery; (b) The terms and estimated date for the turf seed dealer to pay the seed producer; (c) The amount of turfgrass seed to be purchased; and (d) The species, cultivars, and quality standards of the turfgrass seed to be purchased. (2) If the turf seed purchase contract does not settle the price of the turfgrass seed, the contract is enforceable and price shall be determined as described in RCW 62A.2-305 (1) through (3). A turf seed purchase contract must require the turf seed dealer to make payment to the turf seed producer within 30 days after seed delivery. However, upon written mutual agreement of the turf seed producer and the turf seed dealer, the producer may extend the period available for the dealer to make payment.
RCW 15.26.250 — Washington Code / Title 15 / Chapter 26 / Section 250
RCW 15.26.250: Collection of assessments for commission by apple commission and state fruit commission.
Status: in_force

The Washington apple commission and Washington state fruit commission in order to avoid unnecessary duplication of costs and efforts in collecting assessments for tree fruits at the time said commissions collect assessments due under the provisions of their acts may also collect the assessment due the commission on such tree fruit. Such assessments on winter pears may be collected by the Washington state fruit commission or in a manner prescribed by the commission. Assessments collected for the commission by the Washington apple commission and the Washington state fruit commission shall be forwarded to the commissions expeditiously. No fee shall be charged the commission for the collection of assessments because the research conducted by the commission shall be of direct benefit to all commercial growers of tree fruits in the state of Washington. However, the commission shall reimburse at actual cost to the department or the Washington state fruit commission or apple commission any assessment collected for the commission by such agencies for any tree fruit subject to the provisions of this chapter, but not subject to pay assessments to the Washington state fruit commission or the Washington apple commission.
RCW 15.130.510 — Washington Code / Title 15 / Chapter 130 / Section 510
RCW 15.130.510: Injunction.
Status: in_force

(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 dissemination of false advertisement and the court determines that the injunction would delay the regular distribution of a printed issue of a newspaper, magazine, periodical, or other print publication, the court must exclude the issue from the scope of the injunction.
RCW 15.44.087 — Washington Code / Title 15 / Chapter 44 / Section 087
RCW 15.44.087: Class I and class II milk defined.
Status: in_force

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 following limitations and exceptions: (i) Any products fortified with added nonfat milk solids shall be class I in an amount equal only to the weight of an equal volume of like unmodified product of the same butterfat content. (ii) Fluid milk products in concentrated form shall be class I in an amount equal to the skim milk and butterfat used to produce the quantity of such products sold. (iii) Products classified as class II pursuant to subsection (2) of this section are excepted. (b) Packaged fluid milk products in inventory at the end of the month. (2) Class II milk shall be all skim milk and butterfat: (a) Used to produce ice cream, ice cream mix, frozen desserts, aerated cream products, plastic cream, soured cream dressing, yogurt, eggnog, cottage cheese, pot cheese, bakers cheese, cream cheese, neufchatel cheese, or starter; or (b) Any milk or milk product, sterilized and either (i) packaged in hermetically sealed metal, plastic, foil, paper, or glass containers and used to produce condensed milk and condensed skim milk, or (ii) in fluid milk products disposed of in bulk to commercial food processing establishments or producer milk sold to a commercial food processing establishment.
RCW 69.28.320 — Washington Code / Title 15 / Chapter 28 / Section 320
RCW 69.28.320: "Comb-honey" defined.
Status: in_force

The term "comb-honey" means honey which has not been extracted from the comb.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 commodity board or commission. The commission shall provide funds to the department according to the rules adopted by the director.
RCW 15.44.190 — Washington Code / Title 15 / Chapter 44 / Section 190
RCW 15.44.190: Funding staff support—Rules.
Status: in_force

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 commodity board or commission. The commission shall provide funds to the department according to the rules adopted by the director.
RCW 19.30.090 — Washington Code / Title 15 / Chapter 30 / Section 090
RCW 19.30.090: License—Application for renewal.
Status: in_force

All applications for renewal shall state the names and addresses of all persons financially interested either as partners, associates or profit sharers in the operation as a farm labor contractor.All hearings for a denial, suspension, or revocation of the license provided for in RCW 15.30.020 shall be subject to the provisions of chapter 34.05 RCW concerning adjudicative proceedings.
RCW 15.58.240 — Washington Code / Title 15 / Chapter 58 / Section 240
RCW 15.58.240: Classification of licenses—Examinations—Fees.
Status: in_force

The director may classify licenses to be issued under the provisions of this chapter. Such classifications may include but not be limited to agricultural crops, ornamentals, or noncrop land herbicides. If the licensee has a classified license the licensee shall be limited to practicing within these classifications. Each such classification shall be subject to separate testing procedures and requirements: PROVIDED, That no person shall be required to pay an additional license fee if the person desires to be licensed in one or all of the license classifications provided for by the director under the authority of this section. The director may charge examination fees established by the director by rule. The director may administer or contract with a public or private third-party entity to administer any or all parts of either the examination or the collection of examination fees, or both. Examinations administered by third-party entities must be the same as the examination that would otherwise be administered by the department. The department may direct that the applicant pay the fees to the third-party entity in accordance with department rules governing third-party examinations and fees. The director may renew any applicant's license under the classification for which the applicant is licensed, subject to reexamination or other recertification standards as determined by the director when deemed necessary because new knowledge or new classifications are required to carry out the responsibilities of the licensee.
RCW 15.130.100 — Washington Code / Title 15 / Chapter 130 / Section 100
RCW 15.130.100: Federal law reference.
Status: in_force

(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 meaning for the purpose of this chapter is "secretary" or "director." (3) A reference to a federal statute excludes any matters in the federal statute that are inapplicable to state jurisdiction.
RCW 15.17.240 — Washington Code / Title 15 / Chapter 17 / Section 240
RCW 15.17.240: Fruit and vegetable inspection account—Fees—Rules.
Status: in_force

(1) The fruit and vegetable inspection account is created in the custody of the state treasurer. All fees collected under this chapter must be deposited into the account. The director may authorize expenditures from the account solely for the implementation and enforcement of this chapter and any other expenditures authorized by statute or session law and applying specifically to the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. (2) By August 1, 2004, and by August 1st of each even-numbered year thereafter, the director shall review the balance in the fruit and vegetable inspection account at the end of the previous fiscal year. If the balance in the account exceeds the sum of the following: An amount equal to the total expenditures of the program served by that account for the last six months of that previous fiscal year; any budgeted capital expenditures from the account for the current fiscal year; and six hundred thousand dollars, the director shall temporarily and equally, on a percentage basis, reduce each of the fees accruing to the account until such time that the account has a balance equal to the amount of the total expenditures from the account for the last seven months of the previous fiscal year, at which time the fees shall be returned to the amounts before the temporary reduction. In making the reductions, the director shall attempt to reduce fees for a twelve-month period so as to apply the reductions to as many of the persons who annually pay fees for services provided by the program. The temporary fee reductions shall be initially provided through the adoption of emergency rules. The emergency and subsequent rules temporarily reducing the fees are exempt from the requirements of RCW 34.05.310 and chapter 19.85 RCW. These fees shall be reinstated through the expiration of the rules temporarily reducing them and the authority to reinstate them is hereby granted.Interest at the rate of one percent per month, or fraction thereof, shall accrue on debts owed to the state, starting on the date the debts become past due. This section does not apply to: (1) Any instance where such interest rate would conflict with the provisions of a contract or with the provisions of any other law; or (2) debts to be paid by other governmental units. The office of financial management may adopt rules specifying circumstances under which state agencies may waive interest, such as when assessment or collection of interest would not be cost-effective. This section does not affect any authority of the state to charge or collect interest under any other law on a debt owed to the state by a governmental unit. This section applies only to debts which become due on or after July 28, 1991.
RCW 15.70.030 — Washington Code / Title 15 / Chapter 70 / Section 030
RCW 15.70.030: Deposit and use of funds.
Status: in_force

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 him or her deposited with the treasurer of the state. Such funds are hereby appropriated and may be expended or obligated by the director of agriculture for the purposes of RCW 15.70.020 or for use by the director of agriculture for such of the rural rehabilitation purposes permissible under the charter of the now dissolved Washington rural rehabilitation corporation as may from time to time be agreed upon by the director of agriculture and the secretary of agriculture of the United States, subject to the applicable provisions of said public law 499.
RCW 15.65.240 — Washington Code / Title 15 / Chapter 65 / Section 240
RCW 15.65.240: Terms of members of commodity boards—Elections or appointment.
Status: in_force

The term of office of board members shall be three years, and one-third as nearly as may be shall be elected or appointed every year: PROVIDED, That at the inception of any agreement or order the entire board shall be elected or appointed one-third for a term of one year, one-third for a term of two years and one-third for a term of three years to the end that memberships on such board shall be on a rotating basis. In the event an order or agreement provides that both producers and handlers shall be members of such board the terms of each type of member shall be so arranged that one-third of the handler members as nearly as may be and one-third of the producer members as nearly as may be shall be elected or appointed each year. Any marketing agreement or order may provide for election or appointment of board members by districts, in which case district lines and the number of board members to be elected or appointed from each district shall be specified in such agreement or order and upon such basis as the director finds to be fair and equitable and reasonably adapted to effectuate the declared policies of this chapter.
RCW 15.58.120 — Washington Code / Title 15 / Chapter 58 / Section 120
RCW 15.58.120: Suspension of registration when hazard to public health.
Status: in_force

The director may, when the director determines that there is or may be an imminent hazard to the public health and welfare, suspend on the director's own motion, the registration of a pesticide in conformance with the provisions of chapter 34.05 RCW.
RCW 15.115.070 — Washington Code / Title 15 / Chapter 115 / Section 070
RCW 15.115.070: Industry representative member of the commission—Appointment.
Status: in_force

(1) The director shall appoint the industry representative members of the commission. (2) Not later than November 1st preceding the expiration of an industry representative member's term of office, the commission shall, by majority vote of a quorum of the commission, select a qualified candidate for the industry representative position and forward the name of the candidate to the director. (3) The director may select the candidate for the position or may reject the candidate and request that the commission forward the name of an additional candidate for appointment consideration by the director. (4) Except for good cause shown, appointments under this section must be made no later than fifteen days before the commencement of the term of office of the position for which the appointment is made.
RCW 15.64.040 — Washington Code / Title 15 / Chapter 64 / Section 040
RCW 15.64.040: Use of funds for studies—Joint studies with other agencies.
Status: in_force

Moneys appropriated to the department for agricultural marketing research shall be expended by the department to further studies by the department, the experiment station of Washington State University and the extension service of Washington State University. The studies shall be made jointly or in conjunction with those made by the United States Department of Agriculture as provided for in the Flannigan-Hope Act, Title II "The Agricultural Marketing Act of 1946" Public Law 733. All funds appropriated shall be expended jointly and as matching funds with any federal funds made available for such purposes.
RCW 15.26.120 — Washington Code / Title 15 / Chapter 26 / Section 120
RCW 15.26.120: Assessments levied—Referendum.
Status: in_force

There is hereby levied on all commercial tree fruit produced in this state or held out as being produced in this state for fresh or processing use, an assessment, initially not to exceed ten cents per ton on all such tree fruits, except that such assessment for apples for fresh shipment shall be at the rate of one-half cent per one hundred pounds gross billing weight. Such assessment on all such commercial tree fruit shall not become effective until approved by a majority of such commercial producers of tree fruit voting in a referendum conducted jointly by the Washington apple commission, Washington state fruit commission, and the department. The respective commissions shall supply all known producers of tree fruits subject to their respective commissions with a ballot for the referendum and the department shall supply all known tree fruit producers not subject to either of the commissions with a ballot wherein all known producers may approve or disapprove such assessment. The commission may waive the payment of assessments by any class of producers of minimal amounts of tree fruit when the commission determines subsequent to a hearing that the cost of collecting and keeping records of such assessments is disproportionate to the return to the commission.
RCW 15.89.070 — Washington Code / Title 15 / Chapter 89 / Section 070
RCW 15.89.070: Commission powers and duties.
Status: in_force

The commission shall: (1) Elect a chair and officers. The officers must include a treasurer who is responsible for all receipts and disbursements by the commission and the faithful discharge of whose duties shall be guaranteed by a bond at the sole expense of the commission. The commission must adopt rules for its own governance that provide for the holding of an annual meeting for the election of officers and the transaction of other business and for other meetings the commission may direct; (2) Do all things reasonably necessary to effect the purposes of this chapter. However, the commission has no rule-making power except as provided in this chapter; (3) Employ and discharge managers, secretaries, agents, attorneys, and employees and engage the services of independent contractors; (4) Retain, as necessary, the services of private legal counsel to conduct legal actions on behalf of the commission. The retention of a private attorney is subject to review by the office of the attorney general; (5) Receive donations of beer from producers for promotional purposes under subsections (6) and (7) of this section and for fund-raising purposes under subsection (8) of this section. Donations of beer for promotional purposes may only be disseminated without charge; (6) Engage directly or indirectly in the promotion of Washington beer, including, without limitation, the acquisition in any lawful manner and the dissemination without charge of beer. This dissemination is not deemed a sale for any purpose and the commission is not deemed a producer, supplier, or manufacturer, or the clerk, servant, or agent of a producer, supplier, distributor, or manufacturer. This dissemination without charge shall be for agricultural development or trade promotion, and not for fund-raising purposes under subsection (8) of this section. Dissemination for promotional purposes may include promotional hosting and must in the good faith judgment of the commission be in the aid of the marketing, advertising, sale of beer, or of research related to such marketing, advertising, or sale; (7) Promote Washington beer by conducting unique beer tastings without charge; (8) Beginning July 1, 2007, fund the Washington beer commission through sponsorship of up to twelve beer festivals annually at which beer may be sold to festival participants. For this purpose, the commission would qualify for issue of a special occasion license as an exception to WAC 314-05-020 but must comply with laws under Title 66 RCW and rules adopted by the *liquor control board under which such events may be conducted; (9) Participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, regulation, distribution, sale, or use of beer including activities authorized under RCW 42.17A.635 , including the reporting of those activities to the public disclosure commission; (10) Acquire and transfer personal and real property, establish offices, incur expenses, and enter into contracts, including contracts for the creation and printing of promotional literature. The contracts are not subject to chapter 43.19 RCW, and are cancelable by the commission unless performed under conditions of employment that substantially conform to the laws of this state and the rules of the department of labor and industries. The commission may create debt and other liabilities that are reasonable for proper discharge of its duties under this chapter; (11) Maintain accounts with one or more qualified public depositories as the commission may direct, for the deposit of money, and expend money for purposes authorized by this chapter by drafts made by the commission upon such institutions or by other means; (12) Cause to be kept and annually closed, in accordance with generally accepted accounting principles, accurate records of all receipts, disbursements, and other financial transactions, available for audit by the state auditor; (13) Create and maintain a list of producers and disseminate information among and solicit the opinions of producers with respect to the discharge of the duties of the commission, directly or by arrangement with trade associations or other instrumentalities; (14) Employ, designate as an agent, act in concert with, and enter into contracts with any person, council, commission, or other entity to promote the general welfare of the beer industry and particularly to assist in the sale and distribution of Washington beer in domestic and foreign commerce. The commission shall expend money necessary or advisable for this purpose and to pay its proportionate share of the cost of any program providing direct or indirect assistance to the sale and distribution of Washington beer in domestic or foreign commerce, employing and paying for vendors of professional services of all kinds; (15) Sue and be sued as a commission, without individual liability for acts of the commission within the scope of the powers conferred upon it by this chapter; (16) Serve as liaison with the *liquor control board on behalf of the commission and not for any individual producer; (17) Receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the commission and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.
RCW 15.53.9048 — Washington Code / Title 15 / Chapter 53 / Section 9048
RCW 15.53.9048: Chapter is cumulative.
Status: in_force

The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
RCW 15.37.040 — Washington Code / Title 15 / Chapter 37 / Section 040
RCW 15.37.040: Application, issuance of license.
Status: in_force

Application for a license shall be on a form prescribed by the director and shall include the following: (1) The full name of the person applying for the license. (2) If such applicant is a receiver, trustee, firm, partnership, association, or corporation, the full name of each member of the firm or partnership or the names of the officers of the association or corporation shall be given on the application. (3) The principal business address of the applicant in the state and elsewhere. (4) The name of a person domiciled in this state authorized to receive and accept service or legal notice of all kinds. (5) Any other information prescribed by the director necessary to carry out the purposes and provisions of this chapter. The director shall issue a license to an applicant upon his or her satisfaction that the applicant has satisfied the requirements of this chapter and rules adopted hereunder and that such applicant has paid the required fee.
RCW 15.83.010 — Washington Code / Title 15 / Chapter 83 / Section 010
RCW 15.83.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Accredited association of producers" means an association of producers which is accredited by the director to be the exclusive negotiation agent for all producer members of the association within a negotiating unit. (2) "Advance contract" means a contract for purchase and sale of a crop entered into before the crop becomes a growing crop and providing for delivery at or after the harvest of that crop. (3) "Agricultural products" as used in this chapter means pears, sweet corn, and potatoes produced for sale from farms in this state. (4) "Association of producers" means any association of producers of agricultural products engaged in marketing, negotiating for its members, shipping, or processing as defined in section 15(a) of the federal agriculture marketing act of 1929 or in section 1 of 42 Stat. 388. (5) "Director" means the director of the department of agriculture. (6) "Handler" means a processor or a person engaged in the business or practice of: (a) Acquiring agricultural products from producers or associations of producers for use by a processor; (b) Processing agricultural products received from producers or associations of producers, provided that a cooperative association owned by producers shall not be a handler except when contracting for crops from producers who are not members of the cooperative association; (c) Contracting or negotiating contracts or other arrangements, written or oral, with or on behalf of producers or associations of producers with respect to the production or marketing of any agricultural product for use by a processor; or (d) Acting as an agent or broker for a handler in the performance of any function or act specified in (a), (b), or (c) of this subsection. (7) "Negotiate" means meeting at reasonable times and for reasonable periods of time commencing at least sixty days before the normal planting date for sweet corn and potatoes, or at least sixty days before the normal harvest date for pears, and concluding within thirty days of the normal planting date for sweet corn and potatoes, or within thirty days of the normal harvest date for pears, to make a serious, fair, and reasonable attempt to reach agreement by acknowledging or refuting with reason points brought up by either party with respect to the price, terms of sale, compensation for products produced under contract, or other terms relating to the production or sale of these products: PROVIDED, That neither party shall be required to disclose proprietary business or financial records or information. (8) "Negotiating unit" means a negotiating unit approved by the director under RCW 15.83.020 . (9) "Person" means an individual, partnership, corporation, association, or any other entity. (10) "Processor" means any person that purchases agricultural crops from a producer and cans, freezes, dries, dehydrates, cooks, presses, powders, or otherwise processes those crops in any manner for eventual resale. A person who solely cleans, sorts, grades, and packages a farm product for sale without altering the natural condition of the product is not a processor. A person processing any portion of a crop is a processor. (11) "Producer" means a person engaged in the production of agricultural products as a farmer or planter, including a grower or farmer furnishing inputs, production management, or facilities for growing or raising agricultural products. A producer who is also a handler shall be considered a handler under this chapter. (12) "Qualified commodity" means agricultural products as defined in subsection (3) of this section.
RCW 15.85.020 — Washington Code / Title 15 / Chapter 85 / Section 020
RCW 15.85.020: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Aquaculture" means the process of growing, farming, or cultivating private sector cultured aquatic products in marine or fresh waters and includes management by an aquatic farmer. (2) "Aquatic farmer" is a private sector person who commercially farms and manages the cultivating of private sector cultured aquatic products on the person's own land or on land in which the person has a present right of possession. (3)(a) "Private sector cultured aquatic products" are native, nonnative, or hybrids of marine or freshwater plants and animals that are propagated, farmed, or cultivated on aquatic farms under the supervision and management of a private sector aquatic farmer or that are naturally set on aquatic farms which at the time of setting are under the active supervision and management of a private sector aquatic farmer. When produced under such supervision and management, private sector cultured aquatic products include, but are not limited to, the following plants and animals: Scientific Name Common Name Enteromorpha green nori Monostroma awo-nori Ulva sea lettuce Laminaria konbu Nereocystis bull kelp Porphyra nori Iridaea Haliotis abalone Zhlamys pink scallop Hinnites rock scallop Tatinopecten Japanese or weathervane scallop Protothaca native littleneck clam Tapes manila clam Saxidomus butter clam Mytilus mussels Crassostrea Pacific oysters Ostrea Olympia and European oysters Pacifasticus crayfish Macrobrachium freshwater prawn Salmo and Salvelinus trout, char, and Atlantic salmon Oncorhynchus salmon Ictalurus catfish Cyprinus carp Acipenseridae Sturgeon (b) Private sector cultured aquatic products do not include herring spawn on kelp and other products harvested under a herring spawn on kelp permit issued in accordance with RCW 77.70.210 . (c) Private sector cultured aquatic products do not include octopus and a person may not participate in octopus aquaculture in Washington. (4) "Department" means the department of agriculture. (5) "Director" means the director of agriculture.
RCW 15.37.140 — Washington Code / Title 15 / Chapter 37 / Section 140
RCW 15.37.140: Chapter cumulative and nonexclusive.
Status: in_force

The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
RCW 15.36.454 — Washington Code / Title 15 / Chapter 36 / Section 454
RCW 15.36.454: Failure to comply with chapter or rules—Civil penalties.
Status: in_force

(1) Any person who fails to comply with this chapter or the rules adopted under this chapter may be subject to a civil penalty in an amount of not more than one thousand dollars per violation per day. (2) The director may adopt by rule a penalty matrix that establishes procedures for civil penalties assessed under this chapter. (3) Whenever the results of an antibiotic, pesticide, or other drug residue test on a producer's milk are above the actionable level established in the PMO, the producer is subject to a civil penalty under this section in addition to any other action taken under this chapter. (4) The director may impose a civil penalty under this section for violations of the standards for component parts of fluid dairy products that are established in this chapter or rules adopted under this chapter. (5) Each violation is a separate and distinct offense. The director shall impose the civil penalty in accordance with chapter 34.05 RCW. Moneys collected under this section shall be remitted to the department and deposited into the revolving fund of the Washington state dairy products commission.
RCW 15.130.150 — Washington Code / Title 15 / Chapter 130 / Section 150
RCW 15.130.150: Federal food and drug administration information—Public disclosure exemptions.
Status: in_force

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, the federal freedom of information act: Trade secrets; confidential commercial information; information under the federal deliberative process privilege; information compiled for law enforcement purposes; and information expressly required to be kept confidential by other federal laws.
RCW 15.62.210 — Washington Code / Title 15 / Chapter 62 / Section 210
RCW 15.62.210: Nonliability of state—Salaries, expenses, and liabilities.
Status: in_force

The state shall not be liable for the acts or on the contracts of the commission, nor shall any member or employee of the commission be liable on its contracts. All salaries, expenses, and liabilities incurred by persons employed or contracting under this chapter for the commission shall be limited to, and payable only from, the funds collected hereunder.
RCW 15.115.310 — Washington Code / Title 15 / Chapter 115 / Section 310
RCW 15.115.310: Penalties—Injunctions—Referring a violation to the county prosecutor—Jurisdiction.
Status: in_force

(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 under this chapter; or (c) Fail or refuse to submit a report, statement, or record required by the director or the commission under this chapter or rules adopted under this chapter. (2) In the event of a violation or threatened violation of this chapter or rules adopted under this chapter, the director or the commission is entitled to an injunction in a court of competent jurisdiction to prevent further violation and to a decree of specific performance, and to a temporary restraining order and injunction pending litigation. (3) In the event of a violation or threatened violation of this chapter or rules adopted under this chapter, the director, the commission, or any affected producer on joining the commission may refer the violation to the prosecutor in any county in which the defendant or any defendant resides, or in which the violation was committed, or in which the defendant or any defendant has his or her principal place of business. (4) The superior courts are hereby vested with jurisdiction to enforce this chapter and the rules of the commission issued under this chapter, and to prevent and restrain violations of this chapter.