RCW 15.115.110 — Washington Code / Title 15 / Chapter 115 / Section 110
RCW 15.115.110: Meetings—Proposed budget—Notice—Voting requirements.
Status: in_force

(1) The commission shall hold regular meetings, at least quarterly, with the time, date, and place to be determined prior to the new calendar year and published in the state register as required in RCW 42.30.075 . (2) The commission may call special meetings as provided for in RCW 42.30.080 . (3) The commission shall hold an annual meeting. The proposed budget must be presented for discussion at the meeting. Notice of the annual meeting must be given by the commission at least ten days prior to the meeting through the regular news media. (4) Any action taken by the commission requires the majority vote of the members present, provided a quorum is present. (5) All commission meetings are open and public and must be conducted in accordance with chapter 42.30 RCW.
RCW 15.24.070 — Washington Code / Title 15 / Chapter 24 / Section 070
RCW 15.24.070: Powers and duties—Agency of state government.
Status: in_force

The Washington apple commission is hereby declared and created an agency of the Washington state government. The powers and duties of the commission shall include the following: (1) To elect a chair and such other officers as it deems advisable; and to adopt, rescind, and amend rules and orders for the exercise of its powers under this chapter, which shall have the force and effect of the law when not inconsistent with existing laws; (2) To administer and enforce the provisions of this chapter, and do all things reasonably necessary to effectuate the purposes of this chapter; (3) To employ and at its pleasure discharge a manager, secretary, agents, attorneys, and employees as it deems necessary, and to prescribe their duties and powers and fix their compensation; (4) To establish offices and incur expense and enter into contracts and to create such liabilities as may be reasonable for the proper administration and enforcement of this chapter. Expenses may include reasonable, prudent use of promotional hosting to benefit the purposes of this chapter; (5) To investigate and prosecute violations of this chapter; (6) To conduct scientific research to develop and discover the health, food, therapeutic, and dietetic value of apples and apple products; (7) To keep accurate record of all of its dealings, which shall be open to inspection and audit by the state auditor; (8) To sue and be sued and have all of the powers of an agency; (9) To expend funds for commodity-related education, training, and leadership programs as the commission deems expedient; (10) To borrow money and incur indebtedness; (11) To accept gifts, grants, conveyances, bequests, and devises, of real or personal property, or both, in trust or otherwise, and sell, lease, exchange, invest, or expend these donations or the proceeds, rents, profits, and income from the donations on any appropriate activity of the commission except as limited by the donor's terms. The commission shall adopt rules to govern and protect the receipt and expenditure of the proceeds, rents, profits, and income of all such gifts, grants, conveyances, bequests, and devises. The authority to make expenditures granted by this subsection includes the authority to make expenditures to provide scholarships or financial assistance to persons as defined in RCW 1.16.080 or entities associated with the apple industry, but is not limited to the authority to make expenditures for such a purpose; (12) To engage in appropriate fund-raising activities for the purpose of supporting the activities of the commission authorized by this chapter; (13) To retain, discharge, or contract with, at its pleasure, accountants, marketing agencies, and other professional consultants as necessary, under procedures for hiring, discharging, and review as adopted by the commission; (14) To maintain, protect, acquire, or own intellectual property rights, including without limitation, licenses, trademarks, copyrights, artwork, or patents and to sell or license any or all of such rights and collect royalties therefrom and from commission-funded research related to apples; (15) To apply for and administer federal market access programs and/or similar programs or projects and provide matching funds as may be necessary; (16) With oversight by the director, provide funding and support to organizations providing general support and leadership to and representation of the apple industry; (17) With oversight by the director, to speak on behalf of the Washington state government on a nonexclusive basis with regard to apples and apple-related issues, including but not limited to trade negotiations, market access negotiations, and the like, and to fund industry organizations engaging in such activities; (18) To fund, conduct, or otherwise participate in scientific research relating to apples, including without limitation research regarding pests, pesticides, food safety, irrigation, transportation, and environmental stewardship; (19) To provide services relating to the production, promotion, sale and/or distribution of Washington apples on a fee-for-services basis. However, (a) the product of such services shall belong to the funding party, and (b) the fees for such services shall include a reasonable charge for the commission's overhead expenses as determined by the commission; and (20) To gather, maintain, and distribute data relating to the production, processing, shipment, and sales of apples, in connection with its ordinary operations and collection of assessments and particularly in connection with services provided on a fee-for-service basis.
RCW 15.36.081 — Washington Code / Title 15 / Chapter 36 / Section 081
RCW 15.36.081: Dairy technician's license—Application—Renewal—Fees.
Status: in_force

(1) A dairy technician must obtain a dairy technician's license to conduct operations under this chapter. Such license shall be limited to those functions which the licensee has been found qualified to perform. Before issuing the license the director shall assess the applicant's qualifications and may test the applicant for the functions for which application has been made. (2) Application for a license as a dairy technician shall be made upon forms provided by the director, and shall be filed with the department. The director may issue a temporary license to the applicant for such period as may be prescribed and stated in the license, not to exceed sixty days, but the license may not be renewed to extend the period beyond sixty days. (3) The initial application and renewal for a dairy technician's license must be accompanied by a license fee of twenty-five dollars beginning July 1, 2015. All dairy technicians' licenses shall expire on December 31st of odd-numbered years. (4) The initial application for any endorsement beyond a dairy technician's license must be accompanied by an endorsement fee of twenty-five dollars beginning July 1, 2015.
RCW 15.17.170 — Washington Code / Title 15 / Chapter 17 / Section 170
RCW 15.17.170: Inspection certificate or other official document as evidence.
Status: in_force

Every inspection certificate or other official document issued by the director under the provisions of this chapter shall be received in all the courts of the state as prima facie evidence of the statements therein.
RCW 15.115.290 — Washington Code / Title 15 / Chapter 115 / Section 290
RCW 15.115.290: Investment of funds of the commission.
Status: in_force

(1) Any funds of the commission may be invested in savings or time deposits in banks, trust companies, and mutual savings banks that are doing business in the United States, up to the amount of insurance afforded those accounts by the federal deposit insurance corporation. (2) This section applies to all funds which may be lawfully so invested, which in the judgment of the commission are not required for immediate expenditure. The authority granted by this section is not exclusive and is cumulative and in addition to other authority provided by law for the investment of the funds including, but not limited to, authority granted under chapters 39.58 , 39.59, and 43.84 RCW.
RCW 15.36.206 — Washington Code / Title 15 / Chapter 36 / Section 206
RCW 15.36.206: Source of milk and milk products—Seller's disclosure.
Status: in_force

Any person selling milk or milk products shall furnish the director, upon request, with the name of all milk processing plants or distributors from whom their milk and milk products are obtained.
RCW 15.58.235 — Washington Code / Title 15 / Chapter 58 / Section 235
RCW 15.58.235: Renewal of licenses—Delinquency.
Status: in_force

(1) If an application for renewal of a pesticide dealer license is not filed on or before the business license expiration date, the business license delinquency fee must be assessed under chapter 19.02 RCW and must be paid by the applicant before the renewal license is issued. (2) If application for renewal of any license provided for in this chapter other than the pesticide dealer license is not filed on or before the expiration date of the license, a penalty equivalent to the license fee must be assessed and added to the original fee, and must be paid by the applicant before the renewal license is issued. However, such penalty does not apply if the applicant furnishes an affidavit certifying that he or she has not acted as a licensee subsequent to the expiration of the license. (3) Any license for which a renewal application has been made, all other requirements have been met, and the proper fee paid, continues in full force and effect until the director notifies the applicant that the license has been renewed or the application has been denied.
RCW 15.66.143 — Washington Code / Title 15 / Chapter 66 / Section 143
RCW 15.66.143: Lists of all affected producers and handlers—Affected parties responsible for accuracy—Use of lists.
Status: in_force

(1) Each commodity commission shall prepare a list of all affected producers from any information available from the department, producers, producer associations, organizations, or handlers of the affected commodity. This list shall contain the names and addresses of all affected persons who produce the affected commodity and the amount, by unit, of the affected commodity produced during at least the past three years. (2) Each commodity commission shall prepare a list of all persons who handle the affected commodity and the amount of the commodity handled by each person during at least the past three years. (3) It is the responsibility of all affected parties to ensure that their correct address is filed with the commodity commission. It is also the responsibility of affected parties to submit production data and handling data to the commission as prescribed by the commission's marketing order. (4) Any qualified person may, at any time, have his or her name placed upon any list for which he or she qualifies by delivering or mailing the information to the commission. The lists shall be corrected and brought up-to-date in accordance with evidence and information provided to the commission. (5) At the director's request, the commodity commission shall provide the director a certified list of affected producers or affected handlers from the commodity commission records. The list shall contain all information required by the director to conduct a referendum or commission member elections under this chapter. (6) For all purposes of giving notice and holding referenda on amendment or termination proposals, and for giving notice and electing or selecting members of a commission, the applicable list corrected up to the day preceding the date the list is certified by the commission and mailed to the director is deemed to be the list of all affected producers or affected handlers, as applicable, entitled to notice or to vote. Inadvertent failure to notify an affected producer or handler does not invalidate a proceeding conducted under this chapter.
RCW 15.65.270 — Washington Code / Title 15 / Chapter 65 / Section 270
RCW 15.65.270: Vacancies, quorum, compensation, travel expenses of commodity board members and employees.
Status: in_force

(1) In the event of a vacancy in an elected position on the board, the remaining board members shall select a qualified person to fill the vacant position for the remainder of the current term or as provided in the marketing order or agreement. (2) In the event of a vacancy on the board in a position appointed by the director, the remaining board members shall recommend to the director a qualified person for appointment to the vacant position. The director shall appoint the person recommended by the board unless the person fails to meet the qualifications of board members under this chapter and the marketing order or agreement. (3) A majority of the voting members of the board shall constitute a quorum for the transaction of all business and the carrying out of all duties of the board. (4) Each member of the board shall be compensated in accordance with RCW 43.03.230 . Members and employees of the board may be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter, as defined under the commodity board's marketing order or agreement. Otherwise, if not defined or referenced in the marketing order or agreement, reimbursement for travel expenses shall be at the rates allowed state employees in accordance with RCW 43.03.050 and 43.03.060 .
RCW 15.66.120 — Washington Code / Title 15 / Chapter 66 / Section 120
RCW 15.66.120: Commodity commission—Nominations—Elections—Vacancies.
Status: in_force

(1) Not less than ninety days nor more than one hundred and five days prior to the beginning of each term of each elected commission member, notice shall be mailed to all affected producers with a call for nominations in accordance with this section and provisions of the marketing order. The notice shall give the final date for filing nominations, which shall not be less than eighty days nor more than eighty-five days before the beginning of such term. The notice shall also advise that nominating petitions shall be signed by five persons qualified to vote for such candidates or, if the number of nominating signers is provided for in the marketing order, then the number provided in the marketing order. (2) Not less than sixty days nor more than seventy-five days prior to the commencement of a commission member term, the director shall mail ballots to all affected producers. Ballots shall be required to be returned to the director not less than thirty days prior to the commencement of the term. The mail ballot shall be conducted in a manner so that it shall be a secret ballot. With respect to the first commission for a particular commodity, the director may call for nominations for commission members in the notice of the director's decision following the hearing and the ballot may be submitted at the time the director's proposed order is submitted to the affected producers for their assent. (3) Commission members may be elected or appointed from various districts within the area covered by the marketing order if the order so provides, with the number of members from each district to be in accordance with the provisions of the marketing order. (4) The members of the commission not elected by the affected producers shall be elected by a majority of the commission at a meeting of the commission within ninety days prior to expiration of the term, or appointed by the director under this chapter and the marketing order. (5) When only one nominee is nominated for any position on the commission, the director shall determine whether the nominee meets the qualifications of the position and, if so, the director shall declare the nominee elected or appoint the nominee to the position. (6) In the event of a vacancy in an elected commission member position on a commodity commission, the remaining members shall select a qualified person to fill the vacant position for the remainder of the current term or as provided in the marketing order. (7) In the event of a vacancy in an appointed member position on a commodity commission, the appointment of members shall be as specified in the marketing order. (8) In the event of a vacancy in a director-appointed member position on a commodity commission, the remaining members shall recommend to the director a qualified person for appointment to the vacant position. The director shall appoint the person recommended by the commission unless the person fails to meet the qualifications of commission members under this chapter and the marketing order.
RCW 15.65.289 — Washington Code / Title 15 / Chapter 65 / Section 289
RCW 15.65.289: Commission speaks for state—Director's oversight.
Status: in_force

Each commission organized under a marketing order adopted under this chapter exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges each commission, with oversight by the director, to speak on behalf of Washington state government with regard to its particular commodity.
RCW 15.08.070 — Washington Code / Title 15 / Chapter 08 / Section 070
RCW 15.08.070: Condemnation of infected property—Use of condemned fruit, vegetables—Permit.
Status: in_force

In the case of fruit or vegetables which cannot be successfully disinfected the inspector may grant to the owner or person in charge thereof a written permit to use the condemned products for stock feed, or manufacture the same into by-products, or ship them to a by-product factory; and it is unlawful for the person receiving such permit to sell or dispose of such products without first having the same manufactured into a by-product or shipped to a by-product factory, or to divert any such shipment when made, or for the consignee of such shipment to sell or dispose of the same until it is manufactured into a by-product.(1) Any person who, with intent to deprive or defraud the owner thereof, does any of the following shall be guilty of a gross misdemeanor punishable according to chapter 9A.20 RCW and, for adult offenders, a mandatory fine of not less than five hundred dollars per pet animal shall be imposed, except as provided by subsection (2) of this section: (a) Takes, leads away, confines, secretes or converts any pet animal, except in cases in which the value of the pet animal exceeds seven hundred fifty dollars; (b) Conceals the identity of any pet animal or its owner by obscuring, altering, or removing from the pet animal any collar, tag, license, tattoo, or other identifying device or mark; (c) Willfully or recklessly kills or injures any pet animal, unless excused by law. (2) Nothing in this section shall prohibit a person from also being convicted of separate offenses under RCW 9A.56.030 , 9A.56.040 , or 9A.56.050 for theft, under RCW 9A.56.150 , 9A.56.160 , or 9A.56.170 for possession of stolen property, or under chapter 16.52 RCW for animal cruelty.In addition to the duties and powers hereinafter conferred upon the commission, it shall have the following duties and powers: (1) To offer such assistance as may be appropriate to the supervisors of conservation districts organized under the provisions of chapter 184, Laws of 1973 1st ex. sess., in the carrying out of any of their powers and programs: (a) To assist and guide districts in the preparation and carrying out of programs for resource conservation authorized under chapter 184, Laws of 1973 1st ex. sess.; (b) To review district programs; (c) To coordinate the programs of the several districts and resolve any conflicts in such programs; (d) To facilitate, promote, assist, harmonize, coordinate, and guide the resource conservation programs and activities of districts as they relate to other special purpose districts, counties, and other public agencies. (2) To keep the supervisors of each of the several conservation districts organized under the provisions of chapter 184, Laws of 1973 1st ex. sess. informed of the activities and experience of all other districts organized hereunder, and to facilitate an interchange of advice and experience between such districts and cooperation between them. (3) To review agreements, or forms of agreements, proposed to be entered into by districts with other districts or with any state, federal, interstate, or other public or private agency, organization, or individual, and advise the districts concerning such agreements or forms of agreements. (4) To secure the cooperation and assistance of the United States and any of its agencies, and of agencies of this state in the work of such districts. (5) To recommend the inclusion in annual and longer term budgets and appropriation legislation of the state of Washington of funds necessary for appropriation by the legislature to finance the activities of the commission and the conservation districts; to administer the provisions of any law hereinafter enacted by the legislature appropriating funds for expenditure in connection with the activities of conservation districts; to distribute to conservation districts funds, equipment, supplies and services received by the commission for that purpose from any source, subject to such conditions as shall be made applicable thereto in any state or federal statute or local ordinance making available such funds, property or services; to adopt rules establishing guidelines and suitable controls to govern the use by conservation districts of such funds, property and services; and to review all budgets, administrative procedures and operations of such districts and advise the districts concerning their conformance with applicable laws and rules. (6) To encourage the cooperation and collaboration of state, federal, regional, interstate and local public and private agencies with the conservation districts, and facilitate arrangements under which the conservation districts may serve county governing bodies and other agencies as their local operating agencies in the administration of any activity concerned with the conservation of renewable natural resources. (7) To disseminate information throughout the state concerning the activities and programs of the conservation districts organized hereunder, and to encourage the formation of such districts in areas where their organization is desirable; to make available information concerning the needs and the work of the conservation district and the commission to the governor, the legislature, executive agencies of the government of this state, political subdivisions of this state, cooperating federal agencies, and the general public. (8) Pursuant to procedures developed mutually by the commission and other state and local agencies that are authorized to plan or administer activities significantly affecting the conservation of renewable natural resources, to receive from such agencies for review and comment suitable descriptions of their plans, programs and activities for purposes of coordination with district conservation programs; to arrange for and participate in conferences necessary to avoid conflict among such plans and programs, to call attention to omissions, and to avoid duplication of effort. (9) To compile information and make studies, summaries and analysis of district programs in relation to each other and to other resource conservation programs on a statewide basis. (10) To assist conservation districts in obtaining legal services from state and local legal officers. (11) To require annual reports from conservation districts, the form and content of which shall be developed by the commission. (12) To establish by rule, with the assistance and advice of the state auditor's office, adequate and reasonably uniform accounting and auditing procedures which shall be used by conservation districts. (13) To seek and accept grants from any source, public or private, to fulfill the purposes of the agency. The commission may also accept gifts or endowments that are made from time to time, in trust or otherwise, including real and personal property, for the use and benefit consistent with the purposes of this chapter. (14) To conduct conferences, seminars, and training sessions consistent with the purposes of this chapter, and may accept grants, gifts, and contributions, and may contract for services, to accomplish these activities. The commission may recover costs for these activities, whether the activity is sponsored or cosponsored by the commission, at a rate determined by the commission. The commission may provide reimbursement to participants in these activities and other commission sponsored meetings and events, as appropriate and approved by the commission, consistent with applicable statutes. The commission may provide meals for participants in working meetings. (15) To adopt rules to implement this section as it deems appropriate.
RCW 15.54.800 — Washington Code / Title 15 / Chapter 54 / Section 800
RCW 15.54.800: Enforcement of chapter—Adoption of rules.
Status: in_force

(1) The director shall administer and enforce the provisions of this chapter and any rules adopted under this chapter. All authority and requirements provided for in chapter 34.05 RCW apply to this chapter in the adoption of rules. (2) The director may adopt appropriate rules for carrying out the purpose and provisions of this chapter, including but not limited to rules providing for: (a) Definitions of terms; (b) Determining standards for labeling and registration of commercial fertilizers; (c) The collection and examination of commercial fertilizers; (d) Recordkeeping by registrants and licensees; (e) Regulation of the use and disposal of commercial fertilizers for the protection of groundwater and surface water; and (f) The safe handling, transportation, storage, display, and distribution of commercial fertilizers. (3)(a) Standards are established for allowable levels of nonnutritive substances in commercial fertilizers. These standards are Canadian figures for agricultural and agri-food Canadian maximum acceptable cumulative metal additions to soil established under Trade Memorandum T-4-93 dated August 1996. Washington application rates shall be used to ensure that the maximum acceptable cumulative metal additions to soil are not exceeded. (b) If federal or other risk-based standards are adopted or scientific peer-reviewed studies show that the standards adopted in this section are not at the appropriate level to protect human health or the environment, the department, in consultation with the departments of ecology and health, may initiate a rule making [may adopt a rule] to amend these standards.
RCW 15.66.070 — Washington Code / Title 15 / Chapter 66 / Section 070
RCW 15.66.070: Petitions for marketing orders—Public hearing—Legal notice.
Status: in_force

(1) The substance of a petition received under RCW 15.66.050 shall be set out in detail and designated as the proposal. A copy of the proposal shall be mailed to all affected parties or producers based on the list provided for in RCW 15.66.060 or 15.66.143 , as applicable, and shall be posted on the department's website. (2) Notice of a public hearing to issue, amend, or terminate a marketing order shall be published in the form of a legal notice for a period of two days in a newspaper of general circulation within the affected areas, as the director may prescribe. The notice must also be posted on the department's website. The director shall mail a copy of the public hearing notice along with a copy of the proposal as provided in subsection (1) of this section to all affected parties or affected producers, as applicable, who may be directly affected by the proposal and whose names and addresses appear on the list compiled under this chapter. The mailing must include the department's website address along with a description of the process for the issuance, amendment, or termination of a marketing order, as applicable. (3) At a public hearing the director shall receive testimony offered in support of, or opposition to, the proposed issuance of, amendment to, or termination of a marketing order and concerning the terms, conditions, scope, and area thereof. Such hearing shall be public and all testimony shall be received under oath. A full and complete record of all proceedings at such hearings shall be made and maintained on file in the office of the director, which file shall be open to public inspection. The director shall base any findings upon the testimony received at the hearing, together with any other relevant facts available from official publications of institutions of recognized standing. The director shall describe in the findings such official publications upon which any finding is based. (4) The director shall have the power to subpoena witnesses and to issue subpoenas for the production of any books, records, or documents of any kind. (5) The superior court of the county in which any hearing or proceeding may be had may compel the attendance of witnesses and the production of records, papers, books, accounts, documents and testimony as required by such subpoena. The director, in case of the refusal of any witness to attest or testify or produce any papers required by the subpoena, shall report to the superior court of the county in which the proceeding is pending by petition setting forth that due notice has been given of the time and place of attendance of the witness or the production of the papers and that the witness has been summoned in the manner prescribed in this chapter and that he or she has failed to attend or produce the papers required by the subpoena at the hearing, cause or proceeding specified in the subpoena, or has refused to answer questions propounded to him or her in the course of such hearing, cause, or proceeding, and shall ask an order of the court to compel a witness to appear and testify before the director. The court upon such petition shall enter an order directing the witness to appear before the court at a time and place to be fixed in such order and then and there to show cause why he or she has not responded to the subpoena. A copy of the order shall be served upon the witness. If it appears to the court that the subpoena was regularly issued, it shall enter an order that the witness appear at the time and place fixed in the order and testify or produce the required papers, and on failing to obey the order the witness shall be dealt with as for contempt of court.
RCW 15.13.314 — Washington Code / Title 15 / Chapter 13 / Section 314
RCW 15.13.314: Christmas tree program—Advisory committee.
Status: in_force

(1) An advisory committee is established to advise the director in the administration of the Christmas tree program. (2) When appointing this committee, the director shall consider names submitted by Christmas tree growers and by established Christmas tree grower associations having members in the state. (3) The committee consists of no fewer than five members, representing the interests of licensed Christmas tree growers and the Christmas tree industry, and the director or the director's designee. (4) The terms of the members of the committee shall be staggered and the members shall serve a term of three years or until their successor has been appointed. (5) In the event a committee member resigns, is disqualified, or vacates a position on the committee for any other reason, the vacancy shall be filled by the director under the provisions of this section governing appointments.
RCW 15.130.300 — Washington Code / Title 15 / Chapter 130 / Section 300
RCW 15.130.300: Perishable packaged food—Pull dates.
Status: in_force

(1) All perishable packaged foods in intrastate commerce with a projected shelf life of thirty days or less must state a pull date on the package. (2) The pull date must be stated by month and day and be in a style and format that is readily decipherable by consumers. (3) A person may not offer perishable packaged food for sale after the pull date, except that if clearly identified as past the pull date, packaged perishable food with an expired pull date may be sold if still wholesome and without danger to health. (4) A person may not rewrap or repackage perishable packaged food with the intention of providing a pull date different from the original. (5) The department may exclude the monthly requirement from the pull date for perishable packaged food with a shelf life of seven days or less. (6) The department must consult with the secretary of the department of health when appropriate in adopting rules to establish uniform standards for pull date labeling and optimum storage conditions for perishable packaged food.
RCW 15.21.070 — Washington Code / Title 15 / Chapter 21 / Section 070
RCW 15.21.070: Exempt sales.
Status: in_force

The provisions of this chapter shall not apply to the following sales at retail or sales at wholesale: (1) When fresh fruit is sold for charitable purposes or to relief agencies; (2) When fresh fruit is sold on contract to departments of the government or governmental institutions; (3) When fresh fruit is sold by any officer acting under the order or direction of any court.It is unlawful for any person to engage in the business of applying pesticides to the land of another without a commercial pesticide applicator license. Application for a commercial applicator license must be accompanied by a fee of two hundred forty-three dollars and in addition a fee of twenty-seven dollars for each apparatus, exclusive of one, used by the applicant in the application of pesticides.
RCW 15.135.020 — Washington Code / Title 15 / Chapter 135 / Section 020
RCW 15.135.020: Federal law reference.
Status: in_force

A reference to a federal statute in this chapter means the statute and its implementing regulations existing on June 7, 2018, or as updated by the department by rule.
RCW 15.53.9014 — Washington Code / Title 15 / Chapter 53 / Section 9014
RCW 15.53.9014: Registration of pet food and specialty pet food—Exemption—Application—Renewal—Fees—Denial or cancellation for noncompliance—Violation—Penalty.
Status: in_force

(1) A person may not distribute in this state a pet food or specialty pet food that has not been registered by the department. (2) All applications for registration must be submitted on forms provided by the department and must include: (a) The name and mailing address of the applicant; (b) The physical address of the applicant; (c) The name, contact information, and signature of the applicant; (d) Indication of the package sizes distributed for each product; and (e) Other information required by the department by rule. (3) An application for registration must be accompanied by a label and other applicable printed matter describing the product and the following fees: (a) Twenty-two dollars per product for those products distributed only in packages of ten pounds or more; (b) Ninety dollars per product for those products distributed in packages of less than ten pounds; or (c) Ninety dollars per product for those products distributed both in packages of less than ten pounds and packages of ten pounds or more. (4) Registrations are issued by the department for a two-year period beginning on July 1st of a given year and ending twenty-four months later on July 1st, except that registrations issued to a registrant who applies to register an additional product during the last twelve months of the registrant's period expire on the next July 1st. (5) A distributor is not required to register a pet food or specialty pet food that is already registered under this chapter, as long as it is distributed with the original label. (6) Changes in the guarantee of either chemical or ingredient composition of a pet food or specialty pet food registered under this chapter may be permitted if there is satisfactory evidence that such changes would not result in a lowering of the feed value of the product for the purpose for which it was designed. (7) The department may deny registration of any pet food or speciality pet food not in compliance with this chapter and its rules. The department may cancel any registration subsequently found to be not in compliance with this chapter and its rules. Prior to denial or cancellation of a registration, the applicant or registrant of an existing registered pet food or specialty pet food must be notified of the reasons and given an opportunity to amend the application to comply. If the applicant does not make the necessary corrections, the department will deny or cancel the registration. The applicant or registrant of an existing registered pet food or specialty pet food may request a hearing as provided for in chapter 34.05 RCW. (8) Application for renewal of registration is due July 1st of each registration period. If an application for renewal is not received by the department by the due date, a late fee of twenty dollars per product is added to the original fee and must be paid by the applicant before the renewal registration may be issued. A late fee will not apply if the applicant furnishes an affidavit that he or she has not distributed this feed subsequent to the expiration of the prior registration. Payment of a late fee does not prevent the department from imposing a penalty authorized by this chapter for the violation.
RCW 15.66.210 — Washington Code / Title 15 / Chapter 66 / Section 210
RCW 15.66.210: Unlawful acts—Penalties—Injunctions—Investigations.
Status: in_force

It shall be a misdemeanor for: (1) Any person wilfully to violate any provision of this chapter or any provision of any marketing order duly issued by the director pursuant to this chapter. (2) Any person wilfully to render or furnish a false or fraudulent report, statement of record required by the director or any commission pursuant to the provisions of this chapter or any provision of any marketing order duly issued by the director pursuant to this chapter or wilfully to fail or refuse to furnish or render any such report, statement, or record so required. In the event of violation or threatened violation of any provision of this chapter or of any marketing order duly issued or entered into pursuant to this chapter, the director, the affected commission, or any affected producer on joining the affected commission, shall be entitled to an injunction to prevent further violation and to a decree of specific performance of such order, and to a temporary restraining order and injunction pending litigation upon filing a verified complaint and sufficient bond. All persons subject to any order shall severally from time to time, upon the request of the director, furnish him or her with such information as he or she finds to be necessary to enable him or her to effectuate the policies of this chapter and the purposes of such order or to ascertain and determine the extent to which such order has been carried out or has effectuated such policies and purposes, or to determine whether or not there has been any abuse of the privilege of exemptions from laws relating to trusts, monopolies, and restraints of trade. Such information shall be furnished in accordance with forms and reports to be prescribed by the director. For the purpose of ascertaining the correctness of any report made to the director pursuant to this section or for the purpose of obtaining the information required in any such report where it has been requested and has not been furnished, the director is authorized to examine such books, papers, records, copies of tax reports, accounts, correspondence, contracts, documents, or memoranda as he or she deems relevant and which are within the control of any such person from whom such report was requested, or of any person having, either directly or indirectly, actual or legal control of or over such person or such records, or of any subsidiary of any such person. To carry out the purposes of this section the director, upon giving due notice, may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, documents, or other writings of any kind, and RCW 15.66.070 shall apply with respect to any such hearing, together with such other regulations consistent therewith as the director may from time to time prescribe.
RCW 15.130.420 — Washington Code / Title 15 / Chapter 130 / Section 420
RCW 15.130.420: Inspections.
Status: in_force

(1) Any person authorized by the department to operate a food facility must provide the department access for inspection to any part, portion, or area of the food facility or its records subject to the authorization. (2) When possible, the department must make any such inspection during regular business hours or during a working shift of the food facility, except that the department may inspect such food facility at any time upon information of conditions that constitute immediate danger to public health.
RCW 15.49.091 — Washington Code / Title 15 / Chapter 49 / Section 091
RCW 15.49.091: Mediation—Procedure.
Status: in_force

(1) To submit a claim for mediation, the buyer shall make and file a sworn complaint against the dealer alleging the damages sustained. The sworn complaint may take the form of a declaration or affidavit. The buyer shall send a copy of the complaint to the dealer by United States registered mail. (2) Within twenty days after receipt of a copy of the complaint, the dealer shall file with the buyer, by United States registered mail, the answer to the complaint. The answer shall agree to participate in mediation under chapter 7.07 RCW or shall state the dealer's grounds for refusing to engage in such mediation. Failure of a dealer to file a timely answer to the complaint and the request to engage in mediation shall be documented for the record supporting the buyer's option to maintain a legal action for its claim against the dealer. (3) The parties shall be equally responsible for the mediator's fees unless otherwise agreed between the parties before retaining the mediator. (4) The mediator must be selected by mutual agreement of the parties from mediators qualified to conduct mediations under chapter 7.07 RCW. The mediation must take place within the part of the state where the buyer conducts the buyer's operations unless otherwise agreed between the parties.
RCW 15.76.100 — Washington Code / Title 15 / Chapter 76 / Section 100
RCW 15.76.100: Declaration of public interest—Allocation of state funds authorized.
Status: in_force

It is hereby declared that it is in the public interest to hold agricultural fairs, including the exhibition of livestock and agricultural produce of all kinds, as well as related arts and manufactures; including products of the farm home and educational contest, displays, and demonstrations designed to train youth and to promote the welfare of farm people and rural economic development. Fairs qualifying hereunder shall be eligible for allocations from the state fair fund and for capital funding when appropriated to the department of agriculture, as provided in this chapter.
RCW 15.14.095 — Washington Code / Title 15 / Chapter 14 / Section 095
RCW 15.14.095: Failure to meet certification requirements—Director's options—Notice—Hearing.
Status: in_force

The director may suspend, cancel, or refuse certification or other approval of any planting stock that fails to meet the certification requirements authorized in this chapter. Upon notice by the director to suspend, cancel, or refuse certification or other approval of any planting stock, a person may request a hearing under chapter 34.05 RCW.
RCW 15.04.402 — Washington Code / Title 15 / Chapter 04 / Section 402
RCW 15.04.402: Department to advance private sector, economic well-being of agricultural industry.
Status: in_force

The department shall seek to enhance, protect, and perpetuate the ability of the private sector to produce food and fiber. Additionally, the department shall seek, consistent with its regulatory responsibilities, to maintain the economic well-being of the agricultural industry and its dependent rural community in Washington state.
RCW 15.09.020 — Washington Code / Title 15 / Chapter 09 / Section 020
RCW 15.09.020: Creation of board.
Status: in_force

Either upon receiving a petition filed by twenty-five landowners within the county or on its own motion, the board of county commissioners in order to achieve the purposes of this chapter may, following a hearing, create a horticultural pest and disease board.The department shall administer and carry out the provisions of this chapter and rules adopted hereunder, and it has the power and authority to: (1) Supervise the receiving, handling, conditioning, weighing, storage, and shipping of all commodities; (2) Supervise the inspection and grading of commodities; (3) Approve or disapprove the facilities, including scales, of all warehouses; (4) Approve or disapprove all rates and charges for the handling, storage, and shipment of all commodities; (5) Investigate all complaints of fraud in the operation of any warehouse; (6) Examine, inspect, and audit, during ordinary business hours, any warehouse licensed under this chapter, including all commodities therein and examine, inspect, audit, or record all books, documents, and records; (7) Examine, inspect, and audit during ordinary business hours, all books, documents, and records, and examine, inspect, audit, or record records of any grain dealer licensed hereunder at the grain dealer's principal office or headquarters; (8) Inspect at reasonable times any warehouse or storage facility where commodities are received, handled, conditioned, stored, or shipped, including all commodities stored therein and all books, documents, and records in order to determine whether or not such facility should be licensed pursuant to this chapter; (9) Inspect at reasonable times any grain dealer's books, documents, and records in order to determine whether or not the grain dealer should be licensed under this chapter; (10) Administer oaths and issue subpoenas to compel the attendance of witnesses, and/or the production of books, documents, and records anywhere in the state pursuant to a hearing relative to the purpose and provisions of this chapter. Witnesses shall be entitled to fees for attendance and travel, as provided in chapter 2.40 RCW; (11) Adopt rules establishing inspection standards and procedures for grains and commodities; (12) Adopt rules regarding the identification of commodities by the use of confetti or other similar means so that such commodities may be readily identified if stolen or removed in violation of the provisions of this chapter from a warehouse or if otherwise unlawfully transported; (13) Adopt all the necessary rules for carrying out the purpose and provisions of this chapter. The adoption of rules under the provisions of this chapter shall be subject to the provisions of chapter 34.05 RCW, the Administrative Procedure Act. When adopting rules in respect to the provisions of this chapter, the director shall hold a public hearing and shall to the best of his or her ability consult with persons and organizations or interests who will be affected thereby, and any final rule adopted as a result of the hearing shall be designed to promote the provisions of this chapter and shall be reasonable and necessary and based upon needs and conditions of the industry, and shall be for the purpose of promoting the well-being of the industry to be regulated and the general welfare of the people of the state.
RCW 15.17.190 — Washington Code / Title 15 / Chapter 17 / Section 190
RCW 15.17.190: Inspections—Right of access—Samples—Denial of access—Search warrants.
Status: in_force

The director may enter during business hours and inspect any facility where any fruits or vegetables are processed, stored, packed, delivered for shipment, loaded, shipped, being transported, or sold, and may inspect all fruits or vegetables and the containers and the equipment in that facility. The director may take for inspection representative samples of fruits or vegetables and containers as may be necessary to determine whether or not this chapter or rules adopted under this chapter have been violated. If the director is denied access to any facility, the director may apply to a court of competent jurisdiction for a search warrant authorizing access to the facility. The court may upon such application issue a search warrant for the purpose requested.
RCW 15.17.080 — Washington Code / Title 15 / Chapter 17 / Section 080
RCW 15.17.080: Fresh fruits—Culls—Basket markings—Designation on bills of lading, invoices, etc.
Status: in_force

It is unlawful for any person to sell for fresh consumption any fresh fruits classified as culls under the provisions of this chapter or rules adopted hereunder unless such fruit is packed in one-half bushel or one bushel wooden baskets ring faced, with the fruit in the ring face representative of the size and quality of the fruit in such baskets. The baskets shall be lidded and the words "cull" including the kind of fruit and variety must appear on the top and side of each basket and on any label in clear and legible letters at least two and one-half inches high. Every bill of lading, invoice, memorandum, and document referring to the fruit shall designate them as culls.
RCW 15.26.295 — Washington Code / Title 15 / Chapter 26 / Section 295
RCW 15.26.295: Certain records exempt from public disclosure—Exceptions—Actions not prohibited by chapter.
Status: in_force

(1) Under RCW 42.56.380 , certain agricultural business records, commission records, and department of agriculture records relating to the commission and producers of agricultural commodities are exempt from public disclosure. (2) Financial and commercial information and records submitted to either the department or the commission for the purpose of administering this chapter may be shared between the department and the commission. They may also be used, if required, in any suit or administrative hearing involving any provision of this chapter or a marketing order. (3) This chapter does not prohibit: (a) The issuance of general statements based upon the reports of persons subject to this chapter as long as the statements do not identify the information furnished by any person; or (b) The publication by the director or the commission of the name of any person violating this chapter and a statement of the manner of the violation by that person.
RCW 15.30.020 — Washington Code / Title 15 / Chapter 30 / Section 020
RCW 15.30.020: Annual license required—Expiration date.
Status: in_force

It shall be unlawful for any person to engage in the business of operating a controlled atmosphere storage warehouse or warehouses without first obtaining an annual license from the director. Such license shall expire on August 31st of any one year.No person shall act as a farm labor contractor until a license to do so has been issued to him or her by the director, and unless such license is in full force and effect and is in the contractor's possession. The director shall, by regulation, provide a means of issuing duplicate licenses in case of loss of the original license or any other appropriate instances. The director shall issue, on a monthly basis, a list of currently licensed farm labor contractors.
RCW 15.17.210 — Washington Code / Title 15 / Chapter 17 / Section 210
RCW 15.17.210: Fruits or vegetables—Unlawful practices when selling, offering for sale, or shipping—Containers—Director's powers—Rules.
Status: in_force

It is unlawful: (1) To sell any fruits or vegetables: (a) As meeting the standards for any fruit or vegetable as prescribed by the director unless they in fact do so; (b) For which no standards have been established under this chapter unless ninety percent or more by weight or count, as determined by the director, are free from plant pest injury that has penetrated or damaged the edible portions and from worms, mold, slime, or decay; (c) In containers other than the size and dimensions prescribed by the director by rule; (d) Unless the containers in which the fruits or vegetables are placed or packed are marked with the proper grade and additional information as may be prescribed by rule. The additional information may include: (i) The name and address of the grower, or packer, or distributor; (ii) The varieties of the fruits or vegetables; (iii) The size, weight, and either volume or count, or both, of the fruits or vegetables; (e) Which are in containers marked or advertised for sale or sold as being either graded or classified, or both, according to the standards prescribed by the director by rule unless the fruits or vegetables conform with the standards; (f) Which are deceptively packed; (g) Which are deceptively arranged or displayed; (h) Which are mislabeled; or (i) Which do not conform to this chapter or rules adopted under this chapter; (2) For any person to ship or transport or any carrier to accept any lot of fruits or vegetables without an inspection certificate, permit, or certificate of compliance when the director has prescribed by rule that such products be accompanied by an inspection certificate, permit, or certificate of compliance. The inspection certificate, permit, or certificate of compliance shall be on a form prescribed by the director and may include methods of denoting that all assessments provided for by law have been paid before the fruits or vegetables may lawfully be delivered or accepted for shipment; (3) For any person to refuse to submit any container, load, or display of fruits or vegetables for inspection by the director, or refuse to stop any vehicle or equipment containing such products for the purpose of inspection by the director; (4) For any person to move any fruits or vegetables or their containers to which any tag has been affixed, except as provided in RCW 15.17.200 ; or (5) After October 1st of any calendar year, for any person to sell containers of apples, containing apples harvested in a prior calendar year, to any retailer or wholesaler for the purpose of resale to the public for fresh consumption.The Washington state arts commission shall determine the amount to be made available for the purchase of art in consultation with the agency, except where another person or agency is specified under RCW 43.19.455 , 28A.335.210 , or 28B.10.025 , and payments therefor shall be made in accordance with law. The designation of projects and sites, selection, contracting, purchase, commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall be the responsibility of the Washington state arts commission in consultation with the directors of the state agencies.
RCW 15.135.900 — Washington Code / Title 15 / Chapter 135 / Section 900
RCW 15.135.900: Short title.
Status: in_force

This chapter may be known and cited as the produce safety rule implementation act.
RCW 23.86.030 — Washington Code / Title 15 / Chapter 86 / Section 030
RCW 23.86.030: Association name—Immunity from liability of association board members and officers.
Status: in_force

(1) The name of any association subject to this chapter must comply with Article 3 of chapter 23.95 RCW. (2) No corporation or association organized or doing business in this state shall be entitled to use the term "cooperative" as a part of its corporate or other business name or title, unless it: (a) Is subject to the provisions of this chapter or chapter 23.78 , 23.100, or 31.12 RCW; (b) is subject to the provisions of chapter 24.06 RCW and operating on a cooperative basis; (c) is, on July 23, 1989, an organization lawfully using the term "cooperative" as part of its corporate or other business name or title; or (d) is a nonprofit corporation or association the voting members of which are corporations or associations operating on a cooperative basis. Any corporation or association violating the provisions of this section may be enjoined from doing business under such name at the instance of any member or any association subject to this chapter. (3) A member of the board of directors or an officer of any association subject to this chapter shall have the same immunity from liability as is granted in RCW 4.24.264 .(1) To be labeled, sold, or represented as an organic product, a product must be produced under standards established in this chapter or rules adopted pursuant to this chapter. A producer, processor, or handler shall not represent, sell, or offer for sale any agricultural product with the representation that the product is organic if the producer, processor, or handler knows, or has reason to know, that the product has not been produced, processed, or handled in accordance with standards established in this chapter or rules adopted pursuant to this chapter. (2) The department may conduct evaluations in retail establishments to verify compliance with organic labeling and advertising requirements of this chapter, rules adopted pursuant to this chapter, and the national organic program.
RCW 15.115.200 — Washington Code / Title 15 / Chapter 115 / Section 200
RCW 15.115.200: Bond requirements.
Status: in_force

Unless covered by a blanket bond covering officials or employees of the state of Washington, every administrator, employee, or other person occupying a position of trust for the commission and every commission member actually handling or drawing upon funds shall give a bond in the penal amount as may be required by the commission, the premium for which bond or bonds must be paid by the commission.
RCW 15.54.270 — Washington Code / Title 15 / Chapter 54 / Section 270
RCW 15.54.270: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Brand" means a term, design, or trademark used in connection with the distribution and sale of one or more grades of commercial fertilizers. (2) "Bulk fertilizer" means commercial fertilizer distributed in a nonpackaged form such as, but not limited to, tote bags, tote tanks, bins, tanks, trailers, spreader trucks, and railcars. (3) "Calcium carbonate equivalent" means the acid-neutralizing capacity of an agricultural liming material expressed as a weight percentage of calcium carbonate. (4) "Commercial fertilizer" means a substance containing one or more recognized plant nutrients and that is used for its plant nutrient content or that is designated for use or claimed to have value in promoting plant growth, and shall include limes, gypsum, and manipulated animal and vegetable manures. It does not include unmanipulated animal and vegetable manures, organic waste-derived material, and other products exempted by the department by rule. (5) "Composting" means the controlled aerobic degradation of organic waste materials. Natural decay of organic waste under uncontrolled conditions is not composting. (6) "Customer-formula fertilizer" means a mixture of commercial fertilizer or materials of which each batch is mixed according to the specifications of the final purchaser. (7) "Department" means the department of agriculture of the state of Washington or its duly authorized representative. (8) "Director" means the director of the department of agriculture. (9) "Distribute" means to import, consign, manufacture, produce, compound, mix, or blend commercial fertilizer, or to offer for sale, sell, barter, exchange, or otherwise supply commercial fertilizer in this state. (10) "Distributor" means a person who distributes. (11) "Fertilizer material" means a commercial fertilizer that either: (a) Contains important quantities of no more than one of the primary plant nutrients: Nitrogen, phosphate, and potash; (b) Has eighty-five percent or more of its plant nutrient content present in the form of a single chemical compound; or (c) Is derived from a plant or animal residue or by-product or natural material deposit that has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration. (12) "Grade" means the percentage of total nitrogen, available phosphoric acid, and soluble potash stated in whole numbers in the same terms, order, and percentages as in the "guaranteed analysis," unless otherwise allowed by a rule adopted by the department. Specialty fertilizers may be guaranteed in fractional units of less than one percent of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or potash. Fertilizer materials, bone meal, manures, and similar materials may be guaranteed in fractional units. (13) "Guaranteed analysis." (a) Until the director prescribes an alternative form of "guaranteed analysis" by rule the term "guaranteed analysis" shall mean the minimum percentage of plant nutrients claimed in the following order and form: Total nitrogen (N) . . . . percent Available phosphoric acid (P 2 O 5 ) . . . . percent Soluble potash (K 2 O) . . . . percent The percentage shall be stated in whole numbers unless otherwise allowed by the department by rule. The "guaranteed analysis" may also include elemental guarantees for phosphorus (P) and potassium (K). (b) For unacidulated mineral phosphatic material and basic slag, bone, tankage, and other organic phosphatic materials, the total phosphoric acid or degree of fineness may also be guaranteed. (c) Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium shall be as allowed or required by rule of the department. The guarantees for such other nutrients shall be expressed in the form of the element. (d) The guaranteed analysis for limes shall include the percentage of calcium or magnesium expressed as their carbonate; the calcium carbonate equivalent as determined by methods prescribed by the association of official analytical chemists; and the minimum percentage of material that will pass respectively a one hundred mesh, sixty mesh, and ten mesh sieve. The mesh size declaration may also include the percentage of material that will pass additional mesh sizes. (e) In commercial fertilizer, the principal constituent of which is calcium sulfate (gypsum), the percentage of calcium sulfate (CaSO 4 .2H 2 O) shall be given along with the percentage of total sulfur. (14) "Imported fertilizer" means any fertilizer distributed into Washington from any other state, province, or country. (15) "Label" means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a fertilizer. (16) "Labeling" includes all written, printed, or graphic matter, upon or accompanying a commercial fertilizer, or advertisement, brochures, posters, television, and radio announcements used in promoting the sale of such fertilizer. (17) "Licensee" means the person who receives a license to distribute a commercial fertilizer under the provisions of this chapter. (18) "Lime" means a substance or a mixture of substances, the principal constituent of which is calcium or magnesium carbonate, hydroxide, or oxide, singly or combined. (19) "Manipulation" means processed or treated in any manner, including drying to a moisture content less than thirty percent. (20) "Manufacture" means to compound, produce, granulate, mix, blend, repackage, or otherwise alter the composition of fertilizer materials. (21) "Micronutrients" are: Boron; chlorine; cobalt; copper; iron; manganese; molybdenum; sodium; and zinc. (22) "Micronutrient fertilizer" means a produced or imported commercial fertilizer that contains commercially valuable concentrations of micronutrients but does not contain commercially valuable concentrations of nitrogen, phosphoric acid, available phosphorus, potash, calcium, magnesium, or sulfur. (23) "Official sample" means a sample of commercial fertilizer taken by the department and designated as "official" by the department. (24) "Organic waste-derived material" means grass clippings, leaves, weeds, bark, plantings, prunings, and other vegetative wastes, uncontaminated wood waste from logging and milling operations, food wastes, food processing wastes, and materials derived from these wastes through composting. "Organic waste-derived material" does not include products that include biosolids. (25) "Packaged fertilizer" means commercial fertilizers, either agricultural or specialty, distributed in nonbulk form. (26) "Person" means an individual, firm, brokerage, partnership, corporation, company, society, or association. (27) "Percent" or "percentage" means the percentage by weight. (28) "Produce" means to compound or fabricate a commercial fertilizer through a physical or chemical process, or through mining. "Produce" does not include mixing, blending, or repackaging commercial fertilizer products. (29) "Registrant" means the person who registers commercial fertilizer under the provisions of this chapter. (30) "Specialty fertilizer" means a commercial fertilizer distributed primarily for nonfarm use, such as, but not limited to, use on home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries. (31) "Ton" means the net weight of two thousand pounds avoirdupois. (32) "Total nutrients" means the sum of the percentages of total nitrogen, available phosphoric acid, and soluble potash as guaranteed and as determined by analysis. (33)(a) "Turf" means land, including residential property, commercial property, and publicly owned land, which is planted in closely mowed, managed grass. (b) "Turf" does not include pasture land, land used to grow grass for sod, or any other land used for agricultural production or residential vegetable or flower gardening. (34) "Turf fertilizer" means a commercial fertilizer that is labeled for use on turf. (35) "Washington application rate" is calculated by using an averaging period of up to four consecutive years that incorporates agronomic rates that are representative of soil, crop rotation, and climatic conditions in Washington state. (36) "Waste-derived fertilizer" means a commercial fertilizer that is derived in whole or in part from solid waste as defined in chapter 70A.205 or 70A.300 RCW, or rules adopted thereunder, but does not include fertilizers derived from biosolids or biosolids products regulated under chapter 70A.226 RCW or wastewaters regulated under chapter 90.48 RCW.
RCW 15.160.020 — Washington Code / Title 15 / Chapter 160 / Section 020
RCW 15.160.020: Turf seed production contracts.
Status: in_force

(1) If the turf seed production contract does not settle the price of the turfgrass seed, the contract is enforceable and the price shall be determined as described in RCW 62A.2-305 (1) through (3). (2) Except as provided in RCW 15.160.030 , payment to the producer is due by the earliest of the following: (a) The dates specified in the contract; (b) 30 days after seed delivery; or (c) May 1st of the calendar year following the harvesting of the seed. (3) Unless expressly provided otherwise in a turf seed production contract that is authenticated by the producer and turf seed dealer before the producer planting the turfgrass seed, the risk of loss and the responsibility for the payment of storage fees transfer from the producer to the turf seed dealer upon the earlier of: (a) The delivery of the seed to the turf seed dealer pursuant to a notice from the turf seed dealer; or (b) The delivery to the turf seed dealer of test results establishing that the seed meets quality standards set forth in the contract. (4) It is an implied condition of any price or payment requirement described in subsections (1) through (3) of this section that the producer is performing, or has completed performance, in accordance with the seed production contract and has not otherwise breached the contract. (5) Except as provided in subsection (7) of this section, a turf seed production contract described in this section may contain any additional terms agreed to by the parties. (6) If a turf seed production contract is extended or renewed, for the extension or renewal period the parties may: (a) Subject to (b) of this subsection, continue the terms of the original contract or agree to new or different contract terms; and (b) Agree to payment due date terms as provided under this section or RCW 15.160.030 (3). (7) A turf seed production contract may not: (a) Provide for exclusive venue or jurisdiction in another state; (b) Provide for the terms of the contract to be interpreted under the laws of another state; (c) Waive the application of RCW 15.160.010 through 15.160.090 to the contract; or (d) Authorize a unilateral material modification of the contract. (8) Subject to RCW 62A.2-201 , subsections (1) and (7) of this section also apply to a nonwritten agreement for the production of turfgrass seed. (9) A term in a turf seed production contract that conflicts with subsection (1) or (7) of this section is void.
RCW 60.08.020 — Washington Code / Title 15 / Chapter 08 / Section 020
RCW 60.08.020: Notice of lien—Contents—Form.
Status: in_force

In order to make such lien effectual, the lien claimant shall, within ninety days from the date of delivery of such chattel to the owner, file in the office of the auditor of the county in which such chattel is kept, a lien notice, which notice shall state the name of the claimant, the name of the owner, a description of the chattel upon which the claimant has performed labor or furnished material, the amount for which a lien is claimed, and the date upon which such expenditure of labor or material was completed, which notice shall be signed by the claimant or someone on his or her behalf, and may be in substantially the following form: CHATTEL LIEN NOTICE. . . . . against . . . . Claimant, Owner.      Notice is hereby given that . . . . . . has and claims a lien upon (here insert description of chattel), owned by . . . . . . for the sum of . . . . . . dollars, for and on account of labor, skill and material expended upon said . . . . . . . . . which was completed upon the . . . . day of . . . . . ., (year) . . . . . . . . Claimant.The following methods shall be used for the prevention, control or disinfection of pests and diseases: (1) Bacterial diseases, removal and destruction of infected plant or part thereof, care being used to disinfect removal tools to prevent infection therefrom; (2) Fungus diseases, spraying with effective fungicide; (3) Chewing or sucking insect pests, spraying with effective insecticide; (4) Fungus insect pests, spraying with other effective solutions or emulsions described in circulars issued by the director.Unless the context clearly indicates otherwise, as used in this chapter: "Commission" and "state conservation commission" means the agency created hereunder. All former references to "state soil and water conservation committee", "state committee" or "committee" shall be deemed to be references to the "state conservation commission"; "District", or "conservation district" means a governmental subdivision of this state and a public body corporate and politic, organized in accordance with the provisions of chapter 184, Laws of 1973 1st ex. sess., for the purposes, with the powers, and subject to the restrictions set forth in this chapter. All districts created under chapter 184, Laws of 1973 1st ex. sess. shall be known as conservation districts and shall have all the powers and duties set out in chapter 184, Laws of 1973 1st ex. sess. All references in chapter 184, Laws of 1973 1st ex. sess. to "districts", or "soil and water conservation districts" shall be deemed to be reference to "conservation districts"; "Board" and "supervisors" mean the board of supervisors of a conservation district; "Land occupier" or "occupier of land" includes any person, firm, political subdivision, government agency, municipality, public or private corporation, copartnership, association, or any other entity whatsoever which holds title to, or is in possession of, any lands lying within a district organized under the provisions of chapter 184, Laws of 1973 1st ex. sess., whether as owner, lessee, renter, tenant, or otherwise; "District elector" or "voter" means a registered voter in the county where the district is located who resides within the district boundary or in the area affected by a petition; "Due notice" means a notice published at least twice, with at least six days between publications, in a publication of general circulation within the affected area, or if there is no such publication, by posting at a reasonable number of public places within the area, where it is customary to post notices concerning county and municipal affairs. Any hearing held pursuant to due notice may be postponed from time to time without a new notice; "Renewable natural resources", "natural resources" or "resources" includes land, air, water, vegetation, fish, wildlife, wild rivers, wilderness, natural beauty, scenery and open space; "Conservation" includes conservation, development, improvement, maintenance, preservation, protection and use, and alleviation of floodwater and sediment damages, and the disposal of excess surface waters. "Farm and agricultural land" means either (a) land in any contiguous ownership of twenty or more acres devoted primarily to agricultural uses; (b) any parcel of land five acres or more but less than twenty acres devoted primarily to agricultural uses, which has produced a gross income from agricultural uses equivalent to one hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter; or (c) any parcel of land of less than five acres devoted primarily to agricultural uses which has produced a gross income of one thousand dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter. Agricultural lands shall also include farm woodlots of less than twenty and more than five acres and the land on which appurtenances necessary to production, preparation or sale of the agricultural products exist in conjunction with the lands producing such products. Agricultural lands shall also include any parcel of land of one to five acres, which is not contiguous, but which otherwise constitutes an integral part of farming operations being conducted on land qualifying under this section as "farm and agricultural lands".
RCW 89.08.080 — Washington Code / Title 15 / Chapter 08 / Section 080
RCW 89.08.080: Petition to form district—Contents.
Status: in_force

To form a conservation district, twenty percent of the voters within the area to be affected may file a petition with the commission asking that the area be organized into a district. The petition shall give the name of the proposed district, state that it is needed in the interest of the public health, safety, and welfare, give a general description of the area proposed to be organized and request that the commission determine that it be created, and that it define the boundaries thereof and call an election on the question of creating the district. If more than one petition is filed covering parts of the same area, the commission may consolidate all or any of them.(1) Any owner of property subject to a recorded claim of lien under this chapter, or contractor, subcontractor, lender, or lien claimant who believes the claim of lien to be frivolous and made without reasonable cause, or clearly excessive may apply by motion to the superior court for the county where the property is located, for an order directing the lien claimant to appear before the court at a time no earlier than six nor later than fifteen days following the date of service of the application and order on the lien claimant, and show cause, if any he or she has, why the relief requested should not be granted. The motion shall state the grounds upon which relief is asked, and shall be supported by the affidavit of the applicant or his or her attorney setting forth a concise statement of the facts upon which the motion is based. (2) The order shall clearly state that if the lien claimant fails to appear at the time and place noted the lien shall be released, with prejudice, and that the lien claimant shall be ordered to pay the costs requested by the applicant including reasonable attorneys' fees. (3) If no action to foreclose the lien claim has been filed, the clerk of the court shall assign a cause number to the application and obtain from the applicant a filing fee of thirty-five dollars. If an action has been filed to foreclose the lien claim, the application shall be made a part of that action. (4) The applicant must give notice of the hearing to the lien claimant by providing copies of the motion, order, and any other documents filed with the court, to the lien claimant by first-class mail, by certified or registered mail, or by personal service. (5) If, following a hearing on the matter, the court determines that the lien is frivolous and made without reasonable cause, or clearly excessive, the court shall issue an order releasing the lien if frivolous and made without reasonable cause, or reducing the lien if clearly excessive, and awarding costs and reasonable attorneys' fees to the applicant to be paid by the lien claimant. If the court determines that the lien is not frivolous and was made with reasonable cause, and is not clearly excessive, the court shall issue an order so stating and awarding costs and reasonable attorneys' fees to the lien claimant to be paid by the applicant. (6) Proceedings under this section shall not affect other rights and remedies available to the parties under this chapter or otherwise.Personal service of said notice shall be made upon the person in possession or in charge of said premises or property if possible. If such person is not the owner, or personal service cannot be made on such person, then a copy of the notice shall be mailed or telegraphed to the owner at his or her home or post office address if known or can with reasonable diligence be ascertained. If personal service cannot be made upon any person in possession or charge of the premises or property and the name and address of the owner thereof are not known or cannot be so ascertained, then the notice shall be served by posting the same in some conspicuous place on the premises where the property to be disinfected or destroyed is situated, which service by posting shall be construed to be constructive personal service upon such owner. If the name and address of the owner are not known or cannot be so ascertained, service upon the person in possession or charge of the premises or property shall constitute substituted personal service upon the owner, in the absence of fraud or gross neglect.There has been an increasing number of illegal acts committed against animal production and research facilities involving injury or loss of life to animals or humans, criminal trespass, and damage to property. These actions not only abridge the property rights of the owners, operators, and employees of the facility, they may also damage the public interest by jeopardizing crucial animal production or agricultural, scientific, or biomedical research. These actions may also threaten the public safety by exposing communities to public health concerns and creating traffic hazards. These actions substantially disrupt or damage research and result in the potential loss of physical and intellectual property. While the criminal code, particularly the malicious mischief crimes, adequately covers those who intentionally and without authority damage or destroy farm animals, the code does not adequately cover similar misconduct directed against research and educational facilities. Therefore, it is in the interest of the people of the state of Washington to protect the welfare of humans and animals, as well as the productive use of private or public funds, to promote and protect scientific and medical research, foster education, and preserve and enhance agricultural production. It is the intent of the legislature that the courts in deciding applications for injunctive relief under RCW 4.24.580 give full consideration to the constitutional rights of persons to speak freely, to picket, and to conduct other lawful activities.
RCW 15.13.315 — Washington Code / Title 15 / Chapter 13 / Section 315
RCW 15.13.315: Grapevine certification and nursery improvement program—Advisory committee.
Status: in_force

An advisory committee is established to advise the director in the administration of the grapevine certification and nursery improvement program. (1) The committee consists of two grapevine nursery dealers; three grape growers, at least two of whom grow wine grapes; one winery representative; a university researcher; and the director. (2) When appointing this committee, the director shall consider names submitted by the Washington association of wine grape growers and the Washington state grape society. (3) The terms of the members of the committee shall be staggered and the members shall serve a term of three years and until their successor has been appointed.
RCW 15.58.250 — Washington Code / Title 15 / Chapter 58 / Section 250
RCW 15.58.250: Recordkeeping requirements.
Status: in_force

Any person issued a license or permit under the provisions of this chapter may be required by the director to keep accurate records on a form prescribed by the director which may contain the following information: (1) The delivery, movement or holding of any pesticide or device, including the quantity; (2) The date of shipment and receipt; (3) The name of consignor and consignee; and (4) Any other information, necessary for the enforcement of this chapter, as prescribed by the director. The director shall have access to such records at any reasonable time to copy or make copies of such records for the purpose of carrying out the provisions of this chapter.
RCW 15.65.190 — Washington Code / Title 15 / Chapter 65 / Section 190
RCW 15.65.190: Termination of agreement or order on assent of producers—Procedure.
Status: in_force

Any marketing agreement or order shall be terminated if the director finds that fifty-one percent by numbers and fifty-one percent by volume of production of the affected producers within the affected area favor or assent to such termination. The director may ascertain without compliance with the provisions of RCW 15.65.050 through 15.65.130 whether such termination is so assented to or favored whenever twenty percent by numbers or twenty percent by volume of production of said producers file written application with him or her for such termination. No such termination shall become effective until the expiration of the marketing season then current.
RCW 15.26.125 — Washington Code / Title 15 / Chapter 26 / Section 125
RCW 15.26.125: Assessment on cherries in excess of the fiscal growth factor under chapter 43.135 RCW—Washington tree fruit research commission.
Status: in_force

The Washington tree fruit research commission may raise the assessment on cherries in excess of the fiscal growth factor under chapter 43.135 RCW from the assessment of two dollars per ton in effect under chapter 16-560 WAC on July 1, 1995, to four dollars per ton. The commission may also establish an additional assessment on all tree fruits under RCW 15.26.155 of not more than eight cents per ton. The assessment limits established by this section are set solely to provide prior legislative authority for the purposes of RCW 43.135.055 and may not be construed as providing a limitation on the authority of the tree fruit research commission to alter assessments in any manner not limited by RCW 43.135.055 . However, any alteration in assessments made under the authority of this section shall be made in compliance with the procedural requirements established by this chapter for altering or amending such assessments.
RCW 15.88.170 — Washington Code / Title 15 / Chapter 88 / Section 170
RCW 15.88.170: Certain records exempt from public disclosure—Exceptions—Actions not prohibited by chapter.
Status: in_force

(1) Under RCW 42.56.380 , certain agricultural business records, commission records, and department of agriculture records relating to the commission and producers of agricultural commodities are exempt from public disclosure. (2) Financial and commercial information and records submitted to either the department or the commission for the purpose of administering this chapter may be shared between the department and the commission. They may also be used, if required, in any suit or administrative hearing involving any provision of this chapter or a marketing order. (3) This chapter does not prohibit: (a) The issuance of general statements based upon the reports of persons subject to this chapter as long as the statements do not identify the information furnished by any person; or (b) The publication by the director or the commission of the name of any person violating this chapter and a statement of the manner of the violation by that person.
RCW 15.92.100 — Washington Code / Title 15 / Chapter 92 / Section 100
RCW 15.92.100: Commission on integrated pest management—Duties.
Status: in_force

The commission on integrated pest management shall: (1) Provide guidance to the food and environmental quality laboratory established in RCW 15.92.050 regarding the laboratory's studies, investigations, and evaluations concerning the registration of pesticides for use in this state for minor crops and minor uses and concerning the availability of pesticides for emergency uses; (2) Encourage agricultural organizations to assist in providing funding, in-kind services, or materials for laboratory studies and investigations concerning the registration of pesticides and research, implementation, and demonstration of any aspect of integrated pest management and pesticide resistance management programs for minor crops and minor uses that would benefit the organizations; (3) Provide guidance to the laboratory regarding a program for: Tracking the availability of effective pesticides for minor crops, minor uses, and emergency uses; providing this information to organizations of agricultural producers; and maintaining close contact between the laboratory, the department of agriculture, and organizations of agricultural producers regarding the need for research to support the registration of pesticides for minor crops and minor uses and the availability of pesticides for emergency uses; (4) Ensure that the activities of the commission and the laboratory are coordinated with the activities of other laboratories in the Pacific Northwest, the United States department of agriculture, and the United States environmental protection agency to maximize the effectiveness of regional efforts to assist in the registration of pesticides for minor crops and minor uses and in providing for the availability of pesticides for emergency uses for the region and the state; and (5) Ensure that prior to approving any residue study that there is written confirmation of registrant support and willingness or ability to add the given minor crop to its label including any restrictions or guidelines the registrant intends to impose.
RCW 15.58.150 — Washington Code / Title 15 / Chapter 58 / Section 150
RCW 15.58.150: Unlawful practices.
Status: in_force

(1) It is unlawful for any person to distribute within the state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following: (a) Any pesticide which has not been registered pursuant to the provisions of this chapter; (b) Any pesticide if any of the claims made for it or any of the directions for its use or other labeling differs from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration: PROVIDED, That at the discretion of the director, a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product; (c) Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to such container, and to the outside container or wrapper of the retail package, if there is one through which the required information on the immediate container cannot be clearly read, a label bearing the information required in this chapter and the rules adopted under this chapter; (d) Any pesticide unless it has been distinctly denatured as to color, taste, odor, or form if so required by rule; (e) Any pesticide which is adulterated or misbranded, or any device which is misbranded; (f) Any pesticide in containers, violating rules adopted pursuant to RCW 15.58.040 (2)(f) or pesticides found in containers which are unsafe due to damage. (2) It shall be unlawful: (a) To sell or deliver any pesticide to any person who is required by law or rules promulgated under such law to be certified, licensed, or have a permit to use or purchase the pesticide unless such person or the person's agent, to whom sale or delivery is made, has a valid certification, license, or permit to use or purchase the kind and quantity of such pesticide sold or delivered: PROVIDED, That, subject to conditions established by the director, such permit may be obtained immediately prior to sale or delivery from any person designated by the director; (b) For any person to detach, alter, deface or destroy, wholly or in part, any label or labeling provided for in this chapter or rules adopted under this chapter, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this chapter or the rules adopted thereunder; (c) For any person to use or cause to be used any pesticide contrary to label directions or to regulations of the director if those regulations differ from or further restrict the label directions: PROVIDED, The compliance to the term "contrary to label directions" is enforced by the director consistent with the intent of this chapter; (d) For any person to use for his or her own advantage or to reveal, other than to the director or proper officials or employees of the state, or to the courts of the state in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of RCW 15.58.060 ; (e) For any person to make false, misleading, or erroneous statements or reports concerning any pest during or after a pest inspection or to fail to comply with criteria established by rule for structural pest inspections; (f) For any person to make false, misleading, or erroneous statements or reports in connection with any pesticide complaint or investigation; (g) For any person to act as, or advertise that they perform the services of, a structural pest inspector without having a license to act as a structural pest inspector; (h) For a business to conduct one or more complete wood destroying organism inspections without first having obtained a structural pest inspection company license from the department.
RCW 15.89.120 — Washington Code / Title 15 / Chapter 89 / Section 120
RCW 15.89.120: Deposit of money.
Status: in_force

The commission shall deposit money collected under RCW 15.89.110 in a separate account in the name of the commission in any bank that is a state depositary. All expenditures and disbursements made from this account under this chapter may be made without the necessity of a specific legislative appropriation. RCW 43.01.050 does not apply to this account or to the money received, collected, or expended as provided in this chapter.
RCW 15.35.160 — Washington Code / Title 15 / Chapter 35 / Section 160
RCW 15.35.160: Contracts, rights and powers of associations not affected.
Status: in_force

No provision of this chapter shall be deemed or construed to: (1) Affect or impair the contracts of any such cooperative association with its members or other producers marketing their milk through such corporation; (2) Impair or affect any contract which any such cooperative association has with milk dealers or others which are not in violation of this chapter; (3) Affect or abridge the rights and powers of any such cooperative association conferred by the laws of this state under which it is incorporated.
RCW 89.08.140 — Washington Code / Title 15 / Chapter 08 / Section 140
RCW 89.08.140: Expense of hearing and election.
Status: in_force

The commission shall bear all expense of giving the notices and conducting the hearings and election, and shall issue regulations governing all hearings and elections and supervise the conduct thereof. It shall provide for registration of eligible voters or prescribe the procedure to determine the eligible voters. No informality in connection with the election shall invalidate the results, if the notice thereof was substantially given, and the election fairly conducted.The county auditor shall forthwith issue warrants in payment of the labor employed in the work, and thereupon the county shall be subrogated to all rights of the laborers so paid. He or she shall fix the day for hearing on the record before the county commissioners, which shall be not less than twenty days from the date of filing. He or she shall prepare a notice directed to the owner or reputed owner of the premises of the filing of the record and claim and the hearing thereon, the time and place of the hearing and the amount of the claim. The sheriff shall serve the notice in the manner provided for service of the notice to disinfect, and file with the auditor before the hearing, his or her return of service and the amount of his or her fees, which shall be the same as for service of summons in civil proceedings.
RCW 15.65.300 — Washington Code / Title 15 / Chapter 65 / Section 300
RCW 15.65.300: Agreement or order to contain detailed statement of powers and purposes.
Status: in_force

The purposes for which each marketing agreement and order is issued and the powers which shall be exercised thereunder shall be stated in detail in the provisions of such agreement or order. Any such agreement or order or amendment thereto may contain provisions for the exercise of any one or more or all of the powers and purposes set forth in RCW 15.65.310 through 15.65.340 . However, any agreement, order or amendment wherein the affected commodity is one of those listed below shall contain provisions for the exercise of only those powers and purposes contained in said RCW 15.65.310 through 15.65.340 set after its name below, to wit: (1) Wheat, RCW 15.65.310 , 15.65.320 and 15.65.330 .
RCW 15.65.020 — Washington Code / Title 15 / Chapter 65 / Section 020
RCW 15.65.020: Definitions.
Status: in_force

The following terms are hereby defined: (1) "Affected commodity" means that part or portion of any agricultural commodity which is covered by or forms the subject matter of any marketing agreement or order or proposal, and includes all affected units thereof as herein defined and no others. (2) "Affected parties" means any producer, affected producer, handler, or commodity board member. (3) "Affected unit" means in the case of marketing agreements and orders drawn on the basis of a production area, any unit of the commodity specified in or covered by such agreement or order which is produced in such area and sold or marketed or delivered for sale or marketing; and "affected unit" means, in the case of marketing agreements and orders drawn on the basis of marketing area, any unit of the commodity specified in or covered by such agreement or order which is stored in frozen condition or sold or marketed or delivered for sale or marketing within such marketing area: PROVIDED, That in the case of marketing agreements "affected unit" shall include only those units which are produced by producers or handled by handlers who have assented to such agreement. (4) "Agricultural commodity" means any of the following commodities or products: Llamas, alpacas, or any other animal or any distinctive type of agricultural, horticultural, viticultural, floricultural, vegetable, 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, either in its natural or processed state, including beehives containing bees and honey and Christmas trees but not including timber or timber products. The director is hereby authorized to determine (on the basis of common usage and practice) what kinds, types or sub-types should be classed together as an agricultural commodity for the purposes of this chapter. (5) "Assessment" means the monetary amount established in a marketing order or agreement that is to be paid by each affected producer to a commodity board in accordance with the schedule established in the marketing order or agreement. (6) "Commercial quantities" as applied to producers and/or production means such quantities per year (or other period of time) of an agricultural commodity as the director finds are not less than the minimum which a prudent person engaged in agricultural production would produce for the purpose of making such quantity of such commodity a substantial contribution to the economic operation of the farm on which such commodity is produced. "Commercial quantities" as applied to handlers and/or handling means such quantities per year (or other period of time) of an agricultural commodity or product thereof as the director finds are not less than the minimum which a prudent person engaged in such handling would handle for the purpose of making such quantity a substantial contribution to the handling operation in which such commodity or product thereof is so handled. In either case, the director may in his or her discretion: (a) Determine that substantial quantity is any amount above zero; and (b) apply the quantity so determined on a uniform rule applicable alike to all persons which he or she finds to be similarly situated. (7) "Commodity board" means any board established pursuant to RCW 15.65.220 . "Board" means any such commodity board unless a different board is expressly specified. (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 of February 18, 1922 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 his or her duly appointed representative. The phrase "director or his or her designee" means the director unless, in the provisions of any marketing agreement or order, he or she has designated an administrator, board, or other designee to act in the matter designated, in which case "director or his or her designee" means for such order or agreement the administrator, board, or other person(s) so designated and not the director. (11) "Handler" means any person who acts, either as principal, agent or otherwise, in processing, selling, marketing or distributing an agricultural commodity or storage of a frozen agricultural commodity which was not produced by him or her. "Handler" does not mean a common carrier used to transport an agricultural commodity. "Affected handler" means any handler of an affected 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 shall 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 shall 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 shall 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 agreement" means an agreement entered into and issued by the director pursuant to this chapter. (17) "Marketing order" means an order adopted by the director under this chapter that establishes a commodity board for an agricultural commodity or agricultural commodities with like or common qualities or producers. (18) "Member of a cooperative association" means any producer 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 a party to a marketing agreement with such cooperative association with respect to such product. (19) "Percent by numbers" means the percent of those persons on the list of affected parties or affected producers. (20) "Person" means 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. (21) "Producer" means any person engaged in the business of producing any agricultural commodity for market in commercial quantities. "Affected producer" means any producer who is subject to a marketing order or agreement. "To produce" means to act as a producer. For the purposes of RCW 15.65.140 and 15.65.160 as now or hereafter amended "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. (22) "Producer-handler" means any person who acts both as a producer and as a handler with respect to any agricultural commodity. A producer-handler shall be deemed to be a producer with respect to the agricultural commodities which he or she produces, and a handler with respect to the agricultural commodities which he or she handles, including those produced by himself or herself. (23) "Producer marketing" or "marketed by producers" means any or all operations performed by any producer or cooperative association of producers in preparing for market and marketing, and shall include: (a) selling any agricultural commodity produced by such producer(s) to any handler; (b) delivering any such commodity or otherwise disposing of it for commercial purposes to or through any handler. (24) "Production area" and "marketing area" means any area defined as such in any marketing order or agreement in accordance with RCW 15.65.350 . "Affected area" means the marketing or production area so defined in such order, agreement or proposal. (25) "Represented in a referendum" means that a written document evidencing approval or assent or disapproval or dissent is duly and timely filed with or mailed to the director by or on behalf of an affected producer and/or a volume of production of an affected commodity in a form which the director finds meets the requirements of this chapter. "Referendum" means a vote by the affected parties or affected producers which is conducted by secret ballot. (26) "Rule-making proceedings" means the rule-making provisions as outlined in chapter 34.05 RCW. (27) "Section" means a section of this chapter unless some other statute is specifically mentioned. The present includes the past and future tenses, and the past or future the present. The masculine gender includes the feminine and neuter. The singular number includes the plural and the plural includes the singular. (28) "Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter or trade. (29) "Unit" of an agricultural commodity means a unit of volume, weight, quantity, or other measure in which such commodity is commonly measured. The director shall designate in each marketing order and agreement the unit to be used therein. (30) "Vacancy" means that a board member leaves or is removed from a board position prior to the end of a term, or a nomination process for the beginning of a term concludes with no candidates for a position. (31) "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 or agreement.
RCW 15.54.450 — Washington Code / Title 15 / Chapter 54 / Section 450
RCW 15.54.450: Noncompliance—Seizure—Disposition—Associated costs.
Status: in_force

(1) Any lot of commercial fertilizer not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the department to a court of competent jurisdiction in the area in which the commercial fertilizer is located. (2) Any commercial fertilizer that is not registered in the state or that fails to meet the Washington standards for total metals is subject to seizure on complaint of the department in the name of the state to Thurston county superior court or other court of competent jurisdiction. (3) In the event the court finds, upon application by the department under subsection (1) or (2) of this section, that a commercial fertilizer violates this chapter or the rules adopted under it and orders the condemnation of the commercial fertilizer, the commercial fertilizer shall be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of the state: PROVIDED, That in no instance shall the disposition of the commercial fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial fertilizer or for permission to process or relabel the commercial fertilizer to bring it into compliance with this chapter and the rules adopted under it. (4) All costs associated with disposal are the responsibility of the distributor, owner, or custodian of the commercial fertilizer unless such a distributor, owner, or custodian is the consumer or is a person whose role as a distributor, owner, or custodian of the fertilizer is only that of a transporter of the fertilizer. Such disposal costs shall not be the responsibility of the consumer or such a transporter of the commercial fertilizer.
RCW 15.54.350 — Washington Code / Title 15 / Chapter 54 / Section 350
RCW 15.54.350: Inspection fees.
Status: in_force

(1) There shall be paid to the department for all commercial fertilizers distributed in this state to nonregistrants or nonlicensees an inspection fee of twenty cents per ton of lime and thirty-five cents per ton of all other commercial fertilizer distributed during the year beginning July 1st and ending June 30th. (2) Distribution of commercial fertilizers for shipment to points outside this state may be excluded. (3) When more than one distributor is involved in the distribution of a commercial fertilizer, the last registrant or licensee who distributes to a nonregistrant or nonlicensee is responsible for paying the inspection fee, unless the payment of fees has been made by a prior distributor of the fertilizer.
RCW 15.35.290 — Washington Code / Title 15 / Chapter 35 / Section 290
RCW 15.35.290: Court actions to implement.
Status: in_force

In addition to any other remedy provided by law, the director in the name of the state shall have the right to sue in any court of competent jurisdiction for the recovery of any moneys due it from any persons subject to the provisions of this chapter and shall also have the right to institute suits in equity for injunctive relief and for purpose of enforcement of the provisions of this chapter.
RCW 15.44.185 — Washington Code / Title 15 / Chapter 44 / Section 185
RCW 15.44.185: Certain records exempt from public disclosure—Exceptions—Actions not prohibited by chapter.
Status: in_force

(1) Under RCW 42.56.380 , certain agricultural business records, commission records, and department of agriculture records relating to the commission and producers of agricultural commodities are exempt from public disclosure. (2) Financial and commercial information and records submitted to either the department or the commission for the purpose of administering this chapter may be shared between the department and the commission. They may also be used, if required, in any suit or administrative hearing involving any provision of this chapter or a marketing order. (3) This chapter does not prohibit: (a) The issuance of general statements based upon the reports of persons subject to this chapter as long as the statements do not identify the information furnished by any person; or (b) The publication by the director or the commission of the name of any person violating this chapter and a statement of the manner of the violation by that person.
RCW 15.44.038 — Washington Code / Title 15 / Chapter 44 / Section 038
RCW 15.44.038: Quorum—Compensation—Travel expenses.
Status: in_force

(1) A majority of the commission members shall constitute a quorum for the transaction of all business and the performance of all duties of the commission. (2) Each member shall be compensated in accordance with RCW 43.03.230 . Each member or employee shall be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter as defined by the commission in rule. Otherwise, if not defined in rule, reimbursement for travel expenses shall be at the rates allowed by RCW 43.03.050 and 43.03.060 .
RCW 79.13.370 — Washington Code / Title 15 / Chapter 13 / Section 370
RCW 79.13.370: Grazing leases—Restrictions.
Status: in_force

The lessee, or assignee of any lease leased for grazing purposes, shall not use the land for any other purpose than that expressed in the lease. However, the lessee, or assignee, may surrender the lease to the department and request the department to issue an agricultural lease in lieu of the original lease. The department is authorized to issue a new lieu lease for the unexpired portion of the term of the lease surrendered upon payment of the fixed rental based on an appraisal of the land for agricultural purposes. Under the lieu lease the lessee shall be permitted to clear, plow, and cultivate the lands as in the case of an original lease for agricultural purposes.(1) Any person licensed under the provisions of this chapter may request the services of a department inspector at the licensee's place of business or point of shipment during the shipping season. Subsequent to inspection the inspector shall issue to the licensee a certificate of inspection signed by the inspector covering any horticultural plants or Christmas trees which the inspector finds to be in compliance with the provisions of this chapter. (2) Any person financially interested in any horticultural plants or Christmas trees may request inspection and/or certification services provided for horticultural plants or Christmas trees under this chapter. (3) To facilitate the marketing of agricultural commodities and other plant products, the director may provide, if requested, special inspections or certifications not otherwise authorized under this chapter and shall prescribe a fee for that service.
RCW 89.08.040 — Washington Code / Title 15 / Chapter 08 / Section 040
RCW 89.08.040: Members—Compensation and travel expenses—Records, rules, hearings, etc.
Status: in_force

Members shall be compensated in accordance with RCW 43.03.250 and shall be entitled to travel expenses in accordance with RCW 43.03.050 and 43.03.060 incurred in the discharge of their duties. The commission shall keep a record of its official actions, shall adopt a seal, which shall be judicially noticed, and may perform such acts, hold such public hearings, and adopt such rules as may be necessary for the execution of its functions under chapter 184, Laws of 1973 1st ex. sess. The state department of ecology is empowered to pay the travel expenses of the elected and appointed members of the state conservation commission, and the salaries, wages and other expenses of such administrative officers or other employees as may be required under the provisions of this chapter.The lien herein provided for may be enforced against all persons having a junior or subsequent interest in any such chattel, by judicial procedure or by summary procedure as set forth in chapter 60.10 RCW within nine months after the filing of such lien notice, and if no such action shall be commenced within such time such lien shall cease.The director, supervisor, and horticultural inspectors are authorized to at any time enter horticultural premises and any structure where fruit, vegetables, nursery stock, or horticultural products are grown or situated for any purpose, to inspect the same for infection. No person shall hinder or interfere with any such officer in entering or inspecting or performing any duty imposed upon him or her.
RCW 15.65.170 — Washington Code / Title 15 / Chapter 65 / Section 170
RCW 15.65.170: Issuance or amendment of marketing order—Assent—Rules.
Status: in_force

If the director determines that the requisite assent has been given to issue or amend a marketing order, the issuance or amendment shall be adopted by rule by the director within thirty days of the validation of the vote. If the director determines that the requisite assent has not been given no further action shall be taken by the director upon the proposal, and the order contained in the final decision shall be without force or effect.
RCW 15.130.200 — Washington Code / Title 15 / Chapter 130 / Section 200
RCW 15.130.200: Adulterated food prohibited.
Status: in_force

(1) A person may not: (a) Cause or intend to cause adulteration of food in intrastate commerce; (b) Sell, process, or store adulterated food in intrastate commerce; or (c) Receive for the purpose of sale in intrastate commerce food known to be adulterated. (2) Food is adulterated if it is adulterated within the meaning of 21 U.S.C. Sec. 342, or is adulterated in accordance with department rules.
RCW 15.74.040 — Washington Code / Title 15 / Chapter 74 / Section 040
RCW 15.74.040: Financial requirements.
Status: in_force

The commission shall maintain an account with one or more public depositaries, and may deposit moneys in the depositary and expend moneys for purposes authorized by this chapter in the form of drafts made by the commission. The commission shall keep accurate records of all receipts, disbursements, and other financial transactions in accordance with generally accepted principles of accounting, available for audit by the state auditor.
RCW 15.66.097 — Washington Code / Title 15 / Chapter 66 / Section 097
RCW 15.66.097: Issuing, amending, or terminating a marketing order—Limitation on public hearings or referendums.
Status: in_force

The director is not required to hold a public hearing or a referendum more than once in any twelve-month period on petitions to issue, amend, or terminate a marketing order if any of the following circumstances are present: (1) The petition proposes to establish a marketing order for the same commodity; (2) The petition proposes the same or a similar amendment to a marketing order; or (3) The petition proposes to terminate the same marketing order.
RCW 15.100.120 — Washington Code / Title 15 / Chapter 100 / Section 120
RCW 15.100.120: Establishment of commission and initial assessment—Statewide referendum among producers.
Status: in_force

(1) For purposes of determining producer participation in the commission, the initial election of commissioners, and for imposition of the original assessment specified in RCW 15.100.110 , the director shall conduct a referendum among all producers of forest products within the state. (2) The requirement for approval of the assessment and creation of the commission is met if: (a) At least fifty-one percent by numbers of producers replying in the referendum vote affirmatively, and these producers represent at least sixty-one percent of the volume of the producers replying in the referendum; or (b) sixty-five percent by numbers of producers replying in the referendum vote affirmatively, and these producers represent at least fifty-one percent of the volume of the producers replying in the referendum. The referendum shall only be approved if at least forty percent of the eligible producers participate in the vote. (3) If the director determines that the requisite approval has been given, the director shall declare the establishment of the commission and direct it to put into force the assessment authorized in RCW 15.100.110 . If the director finds that the requisite approval has not been given, then this chapter is not operative.
RCW 15.130.240 — Washington Code / Title 15 / Chapter 130 / Section 240
RCW 15.130.240: False warranty or guarantee prohibited.
Status: in_force

A person may not knowingly or intentionally give a false guarantee or falsely warrant that food complies with this chapter.
RCW 15.62.050 — Washington Code / Title 15 / Chapter 62 / Section 050
RCW 15.62.050: Commission compositions—Eleven positions.
Status: in_force

The commission shall consist of the following members: (1) Apiarist position one shall represent area one, which includes the counties of Whatcom, San Juan[,] Island, Skagit, Snohomish, and King; and (2) Apiarist position two shall represent area two, which includes the counties of Pierce, Kitsap, Clallam, Jefferson, Grays Harbor, Mason, Thurston, Pacific, Lewis, Wahkiakum, Cowlitz, Clark, [and] Skamania; and (3) Apiarist positions three and four shall represent area three, which includes the counties of Kittitas, Yakima, Klickitat, and Benton; and (4) Apiarist position five shall represent area four, which includes the counties of Okanogan, Chelan, and Douglas; and (5) Apiarist position six shall represent area five, which includes the counties of Grant, Adams, Franklin, Walla Walla, Columbia, Garfield, Asotin, and Whitman; and (6) Apiarist position seven shall represent area six, which includes the counties of Spokane, Lincoln, Ferry, Stevens, and Pend Oreille; [and] (7) Position eight, appointed by the director, shall be a manufacturer or broker of industry products representing Washington residents engaged in the apiculture industry; and (8) Position nine, appointed by the director, shall be a processor or first handler representing residents engaged in Washington's honey bee industry; and (9) Position ten shall be the director of the Washington state department of agriculture, who shall be a nonvoting ex officio member; and (10) Position eleven, appointed by the director, may be an affected person representing out-of-state interests who are not Washington residents but are active as affected persons in Washington.
RCW 15.54.950 — Washington Code / Title 15 / Chapter 54 / Section 950
RCW 15.54.950: Short title.
Status: in_force

RCW 15.54.270 through 15.54.490 and 15.54.910 through 15.54.940 shall be known as the "Washington Commercial Fertilizer Act."
RCW 15.130.010 — Washington Code / Title 15 / Chapter 130 / Section 010
RCW 15.130.010: Intent.
Status: in_force

The purpose of this chapter is to protect the public from adulteration, misbranding, and false advertisement of food in intrastate commerce. The intent is to promote uniformity with federal law, governmental transparency, and regulatory fairness.
RCW 9.08.090 — Washington Code / Title 15 / Chapter 08 / Section 090
RCW 9.08.090: Acts against animal facilities.
Status: in_force

A person is guilty of a class C felony: If he or she, without authorization, knowingly takes, releases, destroys, contaminates, or damages any animal or animals kept in a research or educational facility where the animal or animals are used or to be used for medical research purposes or other research purposes or for educational purposes; or if he or she, without authorization, knowingly destroys or damages any records, equipment, research product, or other thing pertaining to such animal or animals.Except as hereinabove provided, upon service of said notice the owner or person in possession or charge of the premises or property shall comply with its terms within the time specified. In case of their failure so to do, the inspector may enter the premises and perform or cause to be performed the services required in the notice. He or she shall keep an accurate account of the expense of performing said services, which shall become a lien on the premises or property which may be foreclosed in the manner herein provided. The lien on personal property shall have preference over all other liens. If the inspector has not disinfected or destroyed the property it may be declared a nuisance as herein provided and treated as such.Within thirty days after a petition is filed, the commission shall give due notice of the time and place of a public hearing thereon. At the hearing all interested persons shall be heard. If it appears to the commission that additional land should be included in the district, the hearing shall be adjourned and a new notice given covering the entire area and a new date fixed for further hearing, unless waiver of notice by the owners of the additional land is filed with the commission. No district shall include any portion of a railroad right-of-way, or another similar district. The lands included in a district need not be contiguous.
RCW 15.35.115 — Washington Code / Title 15 / Chapter 35 / Section 115
RCW 15.35.115: Referendum on establishing or discontinuing market area pooling arrangement—Producer-dealers.
Status: in_force

(1) Not less than sixty days before a referendum creating a market area and pooling plan with quotas is to be conducted under RCW 15.35.110 , the director shall notify each producer-dealer regarding the referendum. Any producer-dealer may choose to vote on the referendum and each choosing to do so shall notify the director in writing of this choice not later than thirty days before the referendum is conducted. Such a producer-dealer and any person who becomes a producer-dealer or producer by acquiring the quota of such a producer-dealer shall be a fully regulated producer under such an approved plan and shall receive a quota which is not less than the sales of milk in fluid form from the producer facilities during the reference period used by the director in determining quotas for producers. Such a producer-dealer shall also be a fully regulated milk dealer under the terms of such an approved plan. RCW 15.35.310 (1) does not apply to a producer-dealer who is subject to regulation under this subsection. (2) If a person was not a producer-dealer at the time notice was provided to producer-dealers under subsection (1) of this section regarding a referendum on a proposed market area and pooling plan with quotas, the plan was approved by referendum, and the person subsequently became a producer-dealer (other than by virtue of the person's acquisition of the quota of a producer-dealer who is fully regulated under the plan), the person is subject to all of the terms of the plan for producers and milk dealers during the duration of the plan and RCW 15.35.310 (1) does not apply to such a person with regard to that plan. (3) This subsection applies: To a person who was a producer-dealer at the time the notice was provided to producer-dealers under subsection (1) of this section regarding a referendum which was approved and who did not notify the director under subsection (1) of this section to vote in that referendum; and to a person who acquires the facility of such a person. If such a person's sales of milk in fluid form subsequent to the adoption of the plan increases such that those sales in any year are more than fifty percent greater than the sales of milk in fluid form from the producer facilities during any of the previous five years, RCW 15.35.310 (1) does not apply to that person with regard to that plan. Such a producer-dealer shall be a fully regulated producer under such an approved plan and shall receive a quota which is not less than the producer-dealer's sales of milk in fluid form during the reference period used by the director in determining quotas for producers. Such a producer-dealer shall also be a fully regulated dealer under the terms of such an approved plan. If changes are made, on a market area-wide basis, to the quotas established under the plan, the director shall by rule adjust the fifty percent limitation provided by this section by an equivalent amount.
RCW 15.26.080 — Washington Code / Title 15 / Chapter 26 / Section 080
RCW 15.26.080: Vacancies.
Status: in_force

In the event a commission member resigns, is disqualified, or vacates his or her position on the commission for any other reason, the appointing agency that originally appointed such member shall within sixty days appoint a new member to fill the term of the vacated member.
RCW 15.58.080 — Washington Code / Title 15 / Chapter 58 / Section 080
RCW 15.58.080: Additional fee for late registration renewal.
Status: in_force

If the renewal of a pesticide registration or special needs registration is not filed by the day the registration expires, an additional fee of fifty dollars shall be assessed and added to the original fee. The additional fee shall be paid by the applicant before the registration renewal for that pesticide shall be issued unless the applicant furnishes an affidavit certifying that the applicant did not distribute the unregistered pesticide during the period of nonregistration. The payment of the additional fee is not a bar to any prosecution for doing business without proper registry.
RCW 15.65.305 — Washington Code / Title 15 / Chapter 65 / Section 305
RCW 15.65.305: Promotional hosting expenditures—Rules.
Status: in_force

Agricultural commodity boards shall adopt rules governing promotional hosting expenditures by commodity board employees, agents, or board members under RCW 15.04.200 .
RCW 15.140.120 — Washington Code / Title 15 / Chapter 140 / Section 120
RCW 15.140.120: Limitation of enforcement of certain laws and rules.
Status: in_force

Beginning on April 26, 2019: (1)(a) No law or rule related to certified or interstate hemp seeds applies to or may be enforced against a person with a license to produce or process hemp issued under this chapter; and (b) No department or other state agency rule may establish or enforce a buffer zone or distance requirement between a person with a license or authorization to produce or process hemp under this chapter and a person with a license to produce or process cannabis issued under chapter 69.50 RCW. The department may not adopt rules without the evaluation of sufficient data showing impacts to either crop as a result of cross-pollination. (2) Notwithstanding the rule-making provisions of RCW 15.140.030 (2), if a cannabis producer or cannabis processor licensed by the liquor and cannabis board under chapter 69.50 RCW is engaged in producing or processing hemp at the same location for which they are licensed to produce or process cannabis, the liquor and cannabis board may test samples represented as hemp that are obtained from a location licensed for cannabis production or cannabis processing for the sole purpose of validating THC content of products represented as hemp. Any product with a delta-9 tetrahydrocannabinol concentration exceeding 0.3 percent on a dry weight basis is considered cannabis and is subject to the provisions of chapter 69.50 RCW.
RCW 15.155.900 — Washington Code / Title 15 / Chapter 155 / Section 900
RCW 15.155.900: Short title.
Status: in_force

This chapter may be known and cited as the Washington food and agricultural product promotion act.
RCW 15.58.405 — Washington Code / Title 15 / Chapter 58 / Section 405
RCW 15.58.405: Emergency situations—Special local needs—Experimental use permits.
Status: in_force

For the purpose of exercising the authority granted to the state under the provisions of FIFRA, the director may: (1) Meet emergency conditions in this state by applying for an exemption from any provision of FIFRA as provided for by section 18 of that act. If such exemption is granted by the administrator of EPA the director may carry out and enforce the requirements and conditions of the exemption; (2) Comply with the requirements necessary to issue special local needs registration under section 24(c) of FIFRA; and (3) Comply with the requirements necessary to issue experimental use permits under section 5(f) of FIFRA.
RCW 15.28.315 — Washington Code / Title 15 / Chapter 28 / Section 315
RCW 15.28.315: Certain records exempt from public disclosure—Exceptions—Actions not prohibited by chapter.
Status: in_force

(1) Under RCW 42.56.380 , certain agricultural business records, commission records, and department of agriculture records relating to the commission and producers of agricultural commodities are exempt from public disclosure. (2) Financial and commercial information and records submitted to either the department or the commission for the purpose of administering this chapter may be shared between the department and the commission. They may also be used, if required, in any suit or administrative hearing involving any provision of this chapter or a marketing order. (3) This chapter does not prohibit: (a) The issuance of general statements based upon the reports of persons subject to this chapter as long as the statements do not identify the information furnished by any person; or (b) The publication by the director or the commission of the name of any person violating this chapter and a statement of the manner of the violation by that person.
RCW 15.135.030 — Washington Code / Title 15 / Chapter 135 / Section 030
RCW 15.135.030: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Farm" means the same as "farm" in 21 C.F.R. Sec. 112. (2) "Produce" means the same as "produce" in 21 C.F.R. Sec. 112. (3) "Produce safety rule" means the standards for the growing, harvesting, packing, and holding of produce for human consumption adopted by the United States food and drug administration as a final rule on November 27, 2015 (80 Federal Register 74353 et seq.) and codified in 21 C.F.R. Parts 11, 16, and 112.
RCW 15.83.040 — Washington Code / Title 15 / Chapter 83 / Section 040
RCW 15.83.040: Unlawful practices of association of producers or members.
Status: in_force

It shall be unlawful for any accredited association of producers or members of such association to engage, or permit any employee or agent to engage, in the following practices: (1) To refuse to negotiate with a handler for any qualified commodity for which the association is accredited under RCW 15.83.020 ; (2) To coerce or intimidate a handler to breach, cancel, or terminate a marketing contract with an individual producer, association of producers, or a member of an association; (3) To knowingly make or circulate false reports about the finances, management, or activities of an association of producers or a handler; (4) To coerce or intimidate a producer to enter into, breach, cancel, or terminate a membership agreement or marketing contract with an association of producers; (5) To conspire, agree, or arrange with any other person to do, aid, or abet any practice which is in violation of this chapter; or (6) To pay or loan money, give anything of value, or offer any other inducement or reward to a producer for refusing to contract or negotiate with a processor.
RCW 15.65.340 — Washington Code / Title 15 / Chapter 65 / Section 340
RCW 15.65.340: Agreement and order provisions prohibiting or regulating certain practices.
Status: in_force

Any marketing agreement or order may contain provisions prohibiting and/or otherwise regulating any one or more or all of the practices listed to the extent that such practices affect, directly or indirectly, the commodity which forms the subject matter of such agreement or order or any product thereof, but only with respect to persons who engage in such practices with the intent of or with the reasonably foreseeable effect of inducing any purchaser to become his or her customer or his or her supplier or of otherwise dealing or trading with him or her or of diverting trade from a competitor, to wit: (1) Paying rebates, commissions, or unearned discounts; (2) Giving away or selling below the true cost (which includes all direct and indirect costs incurred to the point of sale plus a reasonable margin of markup for the seller) any of the affected commodities or of any other commodity or product thereof; (3) Unfairly extending privileges or benefits (pertaining to price, to credit, to the loan, lease or giving away of facilities, equipment or other property or to any other matter or thing) to any customer, supplier, or other person; (4) Discriminating between customers, or suppliers of like class; (5) Using the affected or any other commodity or product thereof as a loss leader or using any other device whereby for advertising, promotional, come-on or other purposes such commodity or product is sold below its fair value; (6) Making or publishing false or misleading advertising. Such regulation may authorize uniform trade practices applicable to all similarly situated handlers and/or other persons. Such regulation shall not prevent any person (a) from selling below cost to liquidate excess inventory which cannot otherwise be moved, or (b) from meeting the equally low legal price of any competitor within any one trading area during any one trading period and the director may define in said marketing agreement or order said trading area and said trading period in accordance with generally accepted industry practices; but in any event the burden of proving that such selling was to meet the equally low legal price of a competitor or to liquidate said excess inventory shall be upon the person who sells below cost as above defined. Any marketing agreement or order may authorize use of any money received and of any persons employed thereunder for legal proceedings, of any type and in the name of any person, directed to enforcement of this or any other law in force in the state of Washington relating to the prevention of unfair trade practices.
RCW 15.130.120 — Washington Code / Title 15 / Chapter 130 / Section 120
RCW 15.130.120: Department's general powers.
Status: in_force

(1) The department must do all acts and things necessary to carry out and enforce the provisions of this chapter. (2) The department must adopt rules as necessary to implement the purpose and provisions of this chapter. (a) To the extent feasible, the rules must promote uniformity with the federal food, drug, and cosmetic act, as amended, 21 U.S.C. Sec. 301 et seq., and regulations adopted under it. (b) To promote such uniformity, the department may conduct expedited rule making under chapter 34.05 RCW to adopt a subsequent version of a federal statute or regulation referenced in this chapter and adopt amendments to federal regulations that the department has previously adopted as rule. (3) In accordance with subsection (2) of this section, the department may establish by rule: (a) Standards for food including, but not limited to, identity, quality, and fill; (b) Tolerance standards for any substance, including pesticides, color additives, and food additives used in or on food, but potentially harmful to humans or animals; and (c) Uniform standards for pull date labeling and storage conditions for perishable packaged foods. (4) The department must investigate violations or possible violations of this chapter or the rules adopted under it. (5) The department may cooperate with and enter into agreements with other state, federal, or local governmental agencies in carrying out the purpose and provisions of this chapter. (6) The department may notify the public about food safety issues and enforcement actions under this chapter. (7) Rules that the department adopted under the authority of chapter 69.04 RCW remain effective until June 30, 2022, or until the department repeals or amends the rules, whichever is first.
RCW 15.86.010 — Washington Code / Title 15 / Chapter 86 / Section 010
RCW 15.86.010: Purpose.
Status: in_force

The legislature recognizes a public benefit in: (1) Establishing standards governing the labeling and advertising of agricultural products and commodities as organic products or transitional products; (2) Providing certification under the national organic program for agricultural products marketed and labeled using the term "organic" or a derivative of the term "organic;" (3) Providing access for Washington producers, processors, and handlers to domestic and international markets for organic products; (4) Establishing a state organic program or obtaining federal accreditation as a certifying agent under the national organic program; and (5) Establishing a brand name materials list for registration of inputs that comply with national, international, or other organic standards.Any number of persons may associate themselves together as a cooperative association, society, company or exchange, with or without capital stock, for the transaction of any lawful business on the cooperative plan. For the purposes of this chapter the words "association," "company," "exchange," "society" or "union" shall be construed the same.
RCW 15.37.070 — Washington Code / Title 15 / Chapter 37 / Section 070
RCW 15.37.070: Denial, suspension, revocation of license.
Status: in_force

The director is authorized to deny, suspend, or revoke the license provided for in RCW 15.37.030 subsequent to a hearing in any case in which he or she finds that there has been a failure or refusal to comply with the provisions of this chapter or rules adopted hereunder.
RCW 15.30.150 — Washington Code / Title 15 / Chapter 30 / Section 150
RCW 15.30.150: Minimum condition and maturity standards for apples.
Status: in_force

Minimum condition and maturity standards for apples subject to the provisions of this chapter shall be the U.S. condition and maturity standards for export as provided in 7 Code of Federal Regulations 51.317 on February 21, 1961: PROVIDED, That the director may adopt any subsequent amendment to such U.S. condition and maturity standards for export prescribed by the secretary of agriculture of the United States.Any person who violates any provisions of this chapter, or who causes or induces another to violate any provisions of this chapter, shall be guilty of a misdemeanor punishable by a fine of not more than five thousand dollars, or imprisonment in the county jail for not more than six months, or both.
RCW 15.135.060 — Washington Code / Title 15 / Chapter 135 / Section 060
RCW 15.135.060: Compliance verification activities.
Status: in_force

The department may take the following actions to verify produce farm compliance with the produce safety rule. (1) Maintain a database of produce farms that are covered by the produce safety rule, exempt from the rule, or eligible for a qualified exemption; (2) In compliance with law and at reasonable times, enter produce farms solely for the purpose of this chapter to: (a) Sample and test water for microbial water quality criteria; (b) Inspect and sample biological soil amendments, storage areas, and fields for compliance with microbial criteria; (c) Inspect application of biological soil amendments to evaluate contact or potential contact with produce; (d) Inspect for the presence and management of domesticated and wild animals; and (e) Inspect equipment, tools, and buildings for adequate sanitation; and (3) Require and receive records and data submitted by produce farms to verify compliance with the produce safety rule.
RCW 15.89.060 — Washington Code / Title 15 / Chapter 89 / Section 060
RCW 15.89.060: Enforcement of commission obligations against commission assets—Liability of commission members and employees.
Status: in_force

Obligations incurred by the commission and any other liabilities or claims against the commission shall be enforced only against the assets of the commission and, except to the extent of such assets, no liability for the debts or actions of the commission exists against either the state of Washington or any subdivision or instrumentality thereof or against any member, employee, or agent of the commission or the state of Washington in his or her individual capacity. Except as otherwise provided in this chapter, neither the commission members, nor its employees, may be held individually responsible for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No person or employee may be held individually responsible for any act or omission of any other commission members. The liability of the commission members shall be several and not joint, and no member is liable for the default of any other member. This provision confirms that commission members have been and continue to be, state officers or volunteers for purposes of RCW 4.92.075 and are entitled to the defenses, indemnifications, limitations of liability, and other protections and benefits of chapter 4.92 RCW.
RCW 89.08.220 — Washington Code / Title 15 / Chapter 08 / Section 220
RCW 89.08.220: Corporate status and powers of district.
Status: in_force

A conservation district organized under the provisions of chapter 184, Laws of 1973 1st ex. sess. shall constitute a governmental subdivision of this state, and a public body corporate and politic exercising public powers, but shall not levy taxes or issue bonds and such district, and the supervisors thereof, shall have the following powers, in addition to others granted in other sections of chapter 184, Laws of 1973 1st ex. sess.: (1) To conduct surveys, investigations, and research relating to the conservation of renewable natural resources and the preventive and control measures and works of improvement needed, to publish the results of such surveys, investigations, or research, and to disseminate information concerning such preventive and control measures and works of improvement: PROVIDED, That in order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this state or any of its agencies, or with the United States or any of its agencies; (2) To conduct educational and demonstrational projects on any lands within the district upon obtaining the consent of the occupier of such lands and such necessary rights or interests in such lands as may be required in order to demonstrate by example the means, methods, measures, and works of improvement by which the conservation of renewable natural resources may be carried out; (3) To carry out preventative and control measures and works of improvement for the conservation of renewable natural resources, within the district including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of lands, and the measures listed in RCW 89.08.010 , on any lands within the district upon obtaining the consent of the occupier of such lands and such necessary rights or interests in such lands as may be required; (4) To cooperate or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any occupier of lands within the district in the carrying on of preventive and control measures and works of improvement for the conservation of renewable natural resources within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of chapter 184, Laws of 1973 1st ex. sess. For purposes of this subsection only, land occupiers who are also district supervisors are not subject to the provisions of RCW 42.23.030 ; (5) To obtain options upon and to acquire in any manner, except by condemnation, by purchase, exchange, lease, gift, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein; to maintain, administer, and improve any properties acquired, to receive income from such properties and to expend such income in carrying out the purposes and provisions of chapter 184, Laws of 1973 1st ex. sess.; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and the provisions of chapter 184, Laws of 1973 1st ex. sess.; (6) To make available, on such terms, as it shall prescribe, to land occupiers within the district, agricultural and engineering machinery and equipment, fertilizer, seeds, seedlings, and such other equipment and material as will assist them to carry on operations upon their lands for the conservation of renewable natural resources; (7)(a) To prepare and keep current a comprehensive long-range program recommending the conservation of all the renewable natural resources of the districtAn appeal may be taken from the decree by filing notice thereof not later than ten days after issuance of the decree. The appellant shall be required to file an appeal bond of not less than one thousand dollars and sufficient in amount to cover possible damages to neighboring properties due to delay in carrying out the decree.district, agricultural and engineering machinery and equipment, fertilizer, seeds, seedlings, and such other equipment and material as will assist them to carry on operations upon their lands for the conservation of renewable natural resources; (7)(a) To prepare and keep current a comprehensive long-range program recommending the conservation of all the renewable natural resources of the district. Such programs shall be directed toward the best use of renewable natural resources and in a manner that will best meet the needs of the district and the state, taking into consideration, where appropriate, such uses as farming, grazing, timber supply, forest, parks, outdoor recreation, potable water supplies for urban and rural areas, water for agriculture, minimal flow, and industrial uses, watershed stabilization, control of soil erosion, retardation of water runoff, flood prevention and control, reservoirs and other water storage, restriction of developments of floodplains, protection of open space and scenery, preservation of natural beauty, protection of fish and wildlife, preservation of wilderness areas and wild rivers, the prevention or reduction of sedimentation and other pollution in rivers and other waters, and such location of highways, schools, housing developments, industries, airports and other facilities and structures as will fit the needs of the state and be consistent with the best uses of the renewable natural resources of the state. The program shall include an inventory of all renewable natural resources in the district, a compilation of current resource needs, projections of future resource requirements, priorities for various resource activities, projected timetables, descriptions of available alternatives, and provisions for coordination with other resource programs. (b) The district shall also prepare an annual work plan, which shall describe the action programs, services, facilities, materials, working arrangements and estimated funds needed to carry out the parts of the long-range programs that are of the highest priorities. (c) The districts shall hold public hearings at appropriate times in connection with the preparation of programs and plans, shall give careful consideration to the views expressed and problems revealed in hearings, and shall keep the public informed concerning their programs, plans, and activities. Occupiers of land shall be invited to submit proposals for consideration to such hearings. The districts may supplement such hearings with meetings, referenda and other suitable means to determine the wishes of interested parties and the general public in regard to current and proposed plans and programs of a district. They shall confer with public and private agencies, individually and in groups, to give and obtain information and understanding of the impact of district operations upon agriculture, forestry, water supply and quality, flood control, particular industries, commercial concerns and other public and private interests, both rural and urban. (d) Each district shall submit to the commission its proposed long-range program and annual work plans for review and comment. (e) The long-range renewable natural resource program, together with the supplemental annual work plans, developed by each district under the foregoing procedures shall have official status as the authorized program of the district, and it shall be published by the districts as its "renewable resources program". Copies shall be made available by the districts to the appropriate counties, municipalities, special purpose districts and state agencies, and shall be made available in convenient places for examination by public land occupier or private interest concerned. Summaries of the program and selected material therefrom shall be distributed as widely as feasible for public information; (8) To administer any project or program concerned with the conservation of renewable natural resources located within its boundaries undertaken by any federal, state, or other public agency by entering into a contract or other appropriate administrative arrangement with any agency administering such project or program; (9) Cooperate with other districts organized under chapter 184, Laws of 1973 1st ex. sess. in the exercise of any of its powers; (10) To accept donations, gifts, and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, from this state or any of its agencies, or from any other source, and to use or expend such moneys, services, materials, or any contributions in carrying out the purposes of chapter 184, Laws 1973 1st ex. sess.; (11) To sue and be sued in the name of the district; to have a seal which shall be judicially noticed; have perpetual succession unless terminated as hereinafter provided; to make and execute contracts and other instruments, necessary or convenient to the exercise of its powers; to borrow money and to pledge, mortgage and assign the income of the district and its real or personal property therefor; and to make, amend rules and regulations not inconsistent with chapter 184, Laws of 1973 1st ex. sess. and to carry into effect its purposes; (12)(a) Any two or more districts may engage in joint activities by agreement between or among them including, but not limited to, planning, financing, engineering, constructing, operating, maintaining, and administering any program or project concerned with the conservation of renewable natural resources. The districts concerned may make available for purposes of the agreement any funds, property, personnel, professional engineering, equipment, or services available to them under chapter 184, Laws of 1973 1st ex. sess. (b) Any district may enter into such agreements with a district or districts in adjoining states to carry out such purposes if the law in such other states permits the districts in such states to enter into such agreements. (c) The commission shall have authority to propose, guide, and facilitate the establishment and carrying out of any such agreement; (13) Every district shall, through public hearings, annual meetings, publications, or other means, keep the general public, agencies and occupiers of land within the district, informed of the works and activities planned and administered by the district, of the purposes these will serve, of the income and expenditures of the district, of the funds borrowed by the district and the purposes for which such funds are expended, and of the results achieved annually by the district; and (14) The supervisors of conservation districts may designate an area, state, and national association of conservation districts as a coordinating agency in the execution of the duties imposed by this chapter, and to make gifts in the form of dues, quotas, or otherwise to such associations for costs of services rendered, and may support and attend such meetings as may be required to promote and perfect the organization and to effect its purposes.
RCW 15.30.230 — Washington Code / Title 15 / Chapter 30 / Section 230
RCW 15.30.230: 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 15.60.055 — Washington Code / Title 15 / Chapter 60 / Section 055
RCW 15.60.055: Violations—Penalty.
Status: in_force

(1) Except as provided in subsection (2) of this section, a person who violates or fails to comply with any of the provisions of this chapter or any rule adopted under this chapter is guilty of a misdemeanor. (2) A second or subsequent violation is a gross misdemeanor. (3) Whenever the director finds that a person has committed a violation of any of the provisions of this chapter or any rule adopted under this chapter and that violation has not been punished as a misdemeanor or gross misdemeanor, the director may impose and collect a civil penalty not exceeding one thousand dollars for each violation. Each violation shall be a separate and distinct offense. A person who knowingly, through an act of omission or commission, procures or aids or abets in the violation shall be considered to have violated this section and may be subject to the civil penalty.
RCW 15.14.065 — Washington Code / Title 15 / Chapter 14 / Section 065
RCW 15.14.065: Acceptance as certified, registered, foundation, or breeder planting stock.
Status: in_force

The director may accept as certified, registered, foundation, or breeder planting stock any planting stock grown or produced by Washington State University, the United States department of agriculture or other propagators whose plant materials are produced in conformance with the requirements of this chapter and rules adopted under this chapter.
RCW 15.58.030 — Washington Code / Title 15 / Chapter 58 / Section 030
RCW 15.58.030: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Active ingredient" means any ingredient which will prevent, destroy, repel, control, or mitigate pests, or which will act as a plant regulator, defoliant, desiccant, or spray adjuvant. (2) "Antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment. (3) "Arthropod" means any invertebrate animal that belongs to the phylum arthropoda, which in addition to insects, includes allied classes whose members are wingless and usually have more than six legs; for example, spiders, mites, ticks, centipedes, and isopod crustaceans. (4) "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 using a business license application and a business license expiration date common to each renewable license endorsement. (5) "Complete wood destroying organism inspection" means inspection for the purpose of determining evidence of infestation, damage, or conducive conditions as part of the transfer, exchange, or refinancing of any structure in Washington state. Complete wood destroying organism inspections include any wood destroying organism inspection that is conducted as the result of telephone solicitation by an inspection, pest control, or other business, even if the inspection would fall within the definition of a specific wood destroying organism inspection. (6) "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant with or without causing abscission. (7) "Department" means the Washington state department of agriculture. (8) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues. (9) "Device" means any instrument or contrivance intended to trap, destroy, control, repel, or mitigate pests, or to destroy, control, repel or mitigate fungi, nematodes, or such other pests, as may be designated by the director, but not including equipment used for the application of pesticides when sold separately from the pesticides. (10) "Director" means the director of the department or a duly authorized representative. (11) "Distribute" means to offer for sale, hold for sale, sell, barter, or supply pesticides in this state. (12) "EPA" means the United States environmental protection agency. (13) "EPA restricted use pesticide" means any pesticide with restricted uses as classified for restricted use by the administrator, EPA. (14) "FIFRA" means the federal insecticide, fungicide, and rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec. 136 et seq.). (15) "Fungi" means all nonchlorophyll-bearing thallophytes (all nonchlorophyll-bearing plants of a lower order than mosses and liverworts); for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living persons or other animals. (16) "Fungicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any fungi. (17) "Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed. (18) "Inert ingredient" means an ingredient which is not an active ingredient. (19) "Ingredient statement" means a statement of the name and percentage of each active ingredient together with the total percentage of the inert ingredients in the pesticide, and when the pesticide contains arsenic in any form, the ingredient statement must also include percentages of total and water soluble arsenic, each calculated as elemental arsenic. The ingredient statement for a spray adjuvant must be consistent with the labeling requirements adopted by rule. (20) "Insect" means any of the numerous small invertebrate animals whose bodies are more or less obviously segmented, and which for the most part belong to the class insecta, comprising six-legged, usually winged forms, for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, for example, spiders, mites, ticks, centipedes, and isopod crustaceans. (21) "Insecticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any insects which may be present in any environment whatsoever. (22) "Inspection control number" means a number obtained from the department that is recorded on wood destroying organism inspection reports issued by a structural pest inspector in conjunction with the transfer, exchange, or refinancing of any structure. (23) "Label" means the written, printed, or graphic matter on, or attached to, the pesticide, device, or immediate container, and the outside container or wrapper of the retail package. (24) "Labeling" means all labels and other written, printed, or graphic matter: (a) Upon the pesticide, device, or any of its containers or wrappers; (b) Accompanying the pesticide, or referring to it in any other media used to disseminate information to the public; and (c) To which reference is made on the label or in literature accompanying or referring to the pesticide or device except when accurate nonmisleading reference is made to current official publications of the department, United States departments of agriculture; interior; education; health and human services; state agricultural colleges; and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides. (25) "Land" means all land and water areas, including airspace and all plants, animals, structures, buildings, devices and contrivances, appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation. (26) "Nematocide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate nematodes. (27) "Nematode" means any invertebrate animal of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants or plant parts, may also be called nemas or eelworms. (28) "Person" means any individual, partnership, association, corporation, or organized group of persons whether or not incorporated. (29) "Pest" means, but is not limited to, any insect, rodent, nematode, snail, slug, weed and any form of plant or animal life or virus, except virus on or in a living person or other animal, which is normally considered to be a pest or which the director may declare to be a pest. (30) "Pest control consultant" means any individual who sells or offers for sale at other than a licensed pesticide dealer outlet or location where they are employed, or who offers or supplies technical advice or makes recommendations to the user of: (a) Highly toxic pesticides, as determined under RCW 15.58.040 ; (b) EPA restricted use pesticides or restricted use pesticides which are restricted by rule to distribution by licensed pesticide dealers only; or (c) Any other pesticide except those pesticides which are labeled and intended for home and garden use only. (31) "Pesticide" means, but is not limited to: (a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug, fungus, weed, and any other form of plant or animal life or virus, except virus on or in a living person or other animal which is normally considered to be a pest or which the director may declare to be a pest; (b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; and (c) Any spray adjuvant. (32) "Pesticide dealer" means any person who distributes any of the following pesticides: (a) Highly toxic pesticides, as determined under RCW 15.58.040 ; (b) EPA restricted use pesticides or restricted use pesticides which are restricted by rule to distribution by licensed pesticide dealers only; or (c) Any other pesticide except those pesticides which are labeled and intended for home and garden use only. (33) "Pesticide dealer manager" means the owner or other individual supervising pesticide distribution at one outlet holding a pesticide dealer license. (34) "Plant regulator" means any substance or mixture of substances intended through physiological action, to accelerate or retard the rate of growth or maturation, or to otherwise alter the behavior of ornamental or crop plants or their produce, but does not include substances insofar as they are intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments. (35) "Registrant" means the person registering any pesticide under the provisions of this chapter. (36) "Restricted use pesticide" means any pesticide or device which, when used as directed or in accordance with a widespread and commonly recognized practice, the director determines, subsequent to a hearing, requires additional restrictions for that use to prevent unreasonable adverse effects on the environment including people, lands, beneficial insects, animals, crops, and wildlife, other than pests. (37) "Rodenticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate rodents, or any other vertebrate animal which the director may declare by rule to be a pest. (38) "Special local needs registration" means a registration issued by the director pursuant to provisions of section 24(c) of FIFRA. (39) "Specific wood destroying organism inspection" means an inspection of a structure for purposes of identifying or verifying evidence of an infestation of wood destroying organisms prior to pest management activities. (40) "Spray adjuvant" means any product intended to be used with a pesticide as an aid to the application or to the effect of the pesticide, and which is in a package or container separate from the pesticide. Spray adjuvant includes, but is not limited to, acidifiers, compatibility agents, crop oil concentrates, defoaming agents, drift control agents, modified vegetable oil concentrates, nonionic surfactants, organosilicone surfactants, stickers, and water conditioning agents. Spray adjuvant does not include products that are only intended to mark the location where a pesticide is applied. (41) "Structural pest inspector" means any individual who performs the service of conducting a complete wood destroying organism inspection or a specific wood destroying organism inspection. (42) "Unreasonable adverse effects on the environment" means any unreasonable risk to people or the environment taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or as otherwise determined by the director. (43) "Weed" means any plant which grows where not wanted. (44) "Wood destroying organism" means insects or fungi that consume, excavate, develop in, or otherwise modify the integrity of wood or wood products. Wood destroying organism includes, but is not limited to, carpenter ants, moisture ants, subterranean termites, dampwood termites, beetles in the family Anobiidae, and wood decay fungi (wood rot). (45) "Wood destroying organism inspection report" means any written document that reports or comments on the presence or absence of wood destroying organisms, their damage, and/or conducive conditions leading to the establishment of such organisms.
RCW 15.14.135 — Washington Code / Title 15 / Chapter 14 / Section 135
RCW 15.14.135: Noncompliance by growers—Director may withhold services.
Status: in_force

The director may withhold services to growers of planting stock for refusal to comply with the provisions of this chapter or its rules, for nonpayment of fees and assessment moneys owed to the department by law, or for nonpayment of any assessment moneys due to an agricultural commodity commission.
RCW 15.28.070 — Washington Code / Title 15 / Chapter 28 / Section 070
RCW 15.28.070: Establishment of subdistricts—Rules and regulations.
Status: in_force

The commission shall have the authority, subject to the provisions of chapter 34.05 RCW (Administrative Procedure Act), for adopting rules and regulations, after public hearing, establishing one or more subdistricts in any one of the three districts. Such subdistricts shall include a substantial portion of the soft tree fruit producing area in the district in which they are formed. The commission shall, when a subdistrict has been formed within one of the districts as in this section provided for, assign one of the districts' producer positions on the commission to said subdistrict. Such producer position may only be filled by a producer residing in such subdistrict, whether by apportionment or appointment.The term "marked" shall mean printed in the English language on the top, front or side of any container containing honey: PROVIDED, That it shall not be necessary to mark honey sold by the producer thereof to any distributor, packer or manufacturer with the net weight, color or grade if the honey is to be used in the manufacture of honey products or is to be graded and packaged by the distributor or packer for resale.
RCW 15.08.230 — Washington Code / Title 15 / Chapter 08 / Section 230
RCW 15.08.230: Disinfection of public properties.
Status: in_force

The director may require the governing body of counties, cities, towns and irrigation and school districts or other political subdivisions of the state to disinfect or destroy all infected trees, shrubs, or other nursery stock growing upon public property within their respective jurisdictions, or the director may disinfect or destroy such infected trees, shrubs, or other nursery stock.
RCW 79.13.410 — Washington Code / Title 15 / Chapter 13 / Section 410
RCW 79.13.410: Improvement of grazing ranges—Extension of permit.
Status: in_force

In order to encourage the improvement of grazing ranges by holders of grazing permits, the department shall consider (1) extension of grazing permit periods to a maximum of ten years; and (2) reduction of grazing fees, in situations where the permittee contributes or agrees to contribute to the improvement of the range, financially, by labor, or otherwise.Each shipment of horticultural plants transported or shipped into the state and/or offered for retail sale within the state shall be legibly marked or tagged in a conspicuous manner. The director may, whenever the director finds that any horticultural plant is not properly marked, order it off sale until it is properly marked, or order that it be returned to the consignor for proper marking.
RCW 15.86.060 — Washington Code / Title 15 / Chapter 86 / Section 060
RCW 15.86.060: Rules—National organic program—Violations—Penalties.
Status: in_force

(1) The director shall adopt rules, in conformity with chapter 34.05 RCW, as the director believes are appropriate for the adoption of the national organic program and for the proper administration of this chapter. (2)(a) The director shall issue orders to producers, processors, or handlers whom the director finds are violating RCW 15.86.030 or 15.86.090 or rules adopted pursuant to this chapter, to cease their violations and desist from future violations. (b) Whenever the director finds that a producer, processor, or handler has committed a violation, the director shall impose on and collect from the violator a civil fine not exceeding the total of: (i) The state's estimated costs of investigating and taking appropriate administrative and enforcement actions in respect to the violation; and (ii) One thousand dollars.
RCW 15.44.023 — Washington Code / Title 15 / Chapter 44 / Section 023
RCW 15.44.023: Associations with same objective—Dual membership—Contracting.
Status: in_force

Any board member of the commission may be a member or officer of an association that has the same objectives for which the commission was formed. The commission may contract with the association for services necessary to carry out any purposes authorized under this chapter if an appropriate written contract has been entered into.
RCW 15.30.110 — Washington Code / Title 15 / Chapter 30 / Section 110
RCW 15.30.110: Issuance of warehouse number—Use of letters "CA"—Marking containers with letters and number.
Status: in_force

The director when issuing a license to an applicant shall include a warehouse number which shall be preceded by the letters "CA". If the applicant in applying for a license includes a request for a specific warehouse number, the director shall issue such number to the applicant if such number has not been issued to a prior applicant. The letters "CA" and the number issued as provided in this section shall be marked in a manner provided by the director on all containers in which fruits or vegetables subject to the provisions of this chapter are placed or packed.Every person acting as a farm labor contractor shall: (1) Carry a current farm labor contractor's license at all times and exhibit it to all persons with whom the contractor intends to deal in the capacity of a farm labor contractor prior to so dealing. (2) Disclose to every person with whom he or she deals in the capacity of a farm labor contractor the amount of his or her bond and the existence and amount of any claims against the bond. (3) File at the United States post office serving the address of the contractor, as noted on the face of the farm labor contractor's license, a correct change of address immediately upon each occasion the contractor permanently moves his or her address, and notify the director within ten days after an address change is made. (4) Promptly when due, pay or distribute to the individuals entitled thereto all moneys or other things of value entrusted to the contractor by any third person for such purpose. (5) Comply with the terms and provisions of all legal and valid agreements and contracts entered into between the contractor in the capacity of a farm labor contractor and third persons. (6) File information regarding work offers with the nearest employment service office, such information to include wages and work to be performed and any other information prescribed by the director. (7) On a form prescribed by the director, furnish to each worker, at the time of hiring, recruiting, soliciting, or supplying, whichever occurs first, a written statement in English and any other language common to workers who are not fluent or literate in English that contains a description of: (a) The compensation to be paid and the method of computing the rate of compensation; (b) The terms and conditions of any bonus offered, including the manner of determining when the bonus is earned; (c) The terms and conditions of any loan made to the worker; (d) The conditions of any transportation, housing, board, health, and day care services or any other employee benefit to be provided by the farm labor contractor or by his or her agents, and the costs to be charged for each of them; (e) The terms and conditions of employment, including the approximate length of season or period of employment and the approximate starting and ending dates thereof, and the crops on which and kinds of activities in which the worker may be employed; (f) The terms and conditions under which the worker is furnished clothing or equipment; (g) The place of employment; (h) The name and address of the owner of all operations, or the owner's agent, where the worker will be working as a result of being recruited, solicited, supplied, or employed by the farm labor contractor; (i) The existence of a labor dispute at the worksite; (j) The name and address of the farm labor contractor; (k) The existence of any arrangements with any owner or agent of any establishment at the place of employment under which the farm labor contractor is to receive a fee or any other benefit resulting from any sales by such establishment to the workers; and (l) The name and address of the surety on the contractor's bond and the workers' right to claim against the bond. (8) Furnish to the worker each time the worker receives a compensation payment from the farm labor contractor, a written statement itemizing the total payment and the amount and purpose of each deduction therefrom, hours worked, rate of pay, and pieces done if the work is done on a piece rate basis, and if the work is done under the Service Contract Act (41 U.S.C. Secs. 351 through 401) or related federal or state law, a written statement of any applicable prevailing wage. (9) With respect to each worker recruited, solicited, employed, supplied, or hired by the farm labor contractor: (a) Make, keep, and preserve for three years a record of the following information: (i) The basis on which wages are paid; (ii) The number of piecework units earned, if paid on a piecework basis; (iii) The number of hours worked; (iv) The total pay period earnings; (v) The specific sums withheld and the purpose of each sum withheld; and (vi) The net pay; and (b) Provide to any other farm labor contractor and to any user of farm labor for whom he or she recruits, solicits, supplies, hires, or employs workers copies of all records, with respect to each such worker, which the contractor is required by this chapter to make, keep, and preserve. The recipient of such records shall keep them for a period of three years from the end of the period of employment. When necessary to administer this chapter, the director may require that any farm labor contractor provide the director with certified copies of his or her payroll records for any payment period. The recordkeeping requirements of this chapter shall be met if either the farm labor contractor or any user of the contractor's services makes, keeps, and preserves for the requisite time period the records required under this section, and so long as each worker receives the written statements specified in subsection (8) of this section.
RCW 15.83.100 — Washington Code / Title 15 / Chapter 83 / Section 100
RCW 15.83.100: Rules.
Status: in_force

The director may promulgate such rules in accordance with chapter 34.05 RCW, and orders, as may be necessary to carry out this chapter.
RCW 15.115.020 — Washington Code / Title 15 / Chapter 115 / Section 020
RCW 15.115.020: Regulations and restraints applicable to the wheat and barley industries.
Status: in_force

The wheat and barley industries are highly regulated industries, and this chapter and the rules adopted under it are only one aspect of the regulation of those industries. Other regulations and restraints applicable to the wheat and barley industries include: (1) Chapter 15.04 RCW, Washington agriculture general provisions; (2) Chapter 15.08 RCW, horticultural pests and diseases; (3) Chapter 15.14 RCW, planting stock; (4) Chapter 15.49 RCW, seeds; (5) Chapter 15.54 RCW, fertilizers, minerals, and limes; (6) Chapter 15.58 RCW, Washington pesticide control act; (7) Chapter 15.64 RCW, farm marketing; (8) Chapter 15.83 RCW, agricultural marketing and fair practices; (9) Chapter 15.86 RCW, organic products; (10) Chapter 15.92 RCW, center for sustaining agriculture and natural resources; (11) Chapter 17.24 RCW, insect pests and plant diseases; (12) Chapter 19.94 RCW, weights and measures; (13) Chapter 20.01 RCW, agricultural products — commission merchants, dealers, brokers, buyers, agents; (14) Chapter 22.09 RCW, agricultural commodities; (15) Chapter 43.23 RCW, department of agriculture; (16) Chapter 69.04 RCW, food, drugs, cosmetics, and poisons including provisions of Title 21 U.S.C. relating to the general manufacturing practices, food labeling, food standards, food additives, and pesticide tolerances; (17) Chapter 70A.15 RCW, Washington clean air act, agricultural burning; (18) 7 U.S.C., Sec. 136, federal insecticide, fungicide, and rodenticide act; and (19) 7 U.S.C., Sec. 1621, agricultural marketing act.
RCW 15.76.150 — Washington Code / Title 15 / Chapter 76 / Section 150
RCW 15.76.150: Allocations from the fair fund.
Status: in_force

(1) Using the department's forms, the board of trustees of any fair or youth show may apply to the department for allocations from the state fair fund. (2)(a) The director may allocate ninety-five percent of the state fair fund, including its interest income under RCW 43.79A.040 , to applicant agricultural fairs, distributed according to merit as measured by a merit rating to be set up by the director. This merit rating must take into account such factors as area and population served, open and/or youth participation, attendance, gate receipts, number and type of exhibits, premiums paid, community support, evidence of successful achievement of the aims and purposes of the fair, extent of improvements made to grounds and facilities from year to year, and overall condition and appearance of grounds and facilities. (b) The department may use up to ten percent of the amount allocated in (a) of this subsection for special assistance to any participating fair or fairs. (c) The department may use the remaining five percent of money in the state fair fund for expenses incurred in the administration of this chapter, which may include the fair commission expenses approved by the director. (3) The division and payment of funds authorized in this section shall occur at such times as the director may prescribe.
RCW 15.09.140 — Washington Code / Title 15 / Chapter 09 / Section 140
RCW 15.09.140: Abolishment of board.
Status: in_force

Upon receipt of a petition signed by twenty-five landowners within the county or on its own motion, the board of county commissioners may abolish the pest and disease board following a hearing and a finding that the purposes of this chapter would not be sufficiently served by the continued existence of such board.When partial withdrawal of his or her commodity is made by a depositor, the warehouse operator shall make appropriate notation thereof on the depositor's nonnegotiable receipt or on other records, or, if the warehouse operator has issued a negotiable receipt to the depositor, he or she shall claim, cancel, and replace it with a negotiable receipt showing the amount of such depositor's commodity remaining in the warehouse, and for his or her failure to claim and cancel, upon delivery to the owner of a commodity stored in his or her warehouse, a negotiable receipt issued by him or her, the negotiation of which would transfer the right to possession of such commodity, a warehouse operator shall be liable to anyone who purchases such receipt for value and in good faith, for failure to deliver to him or her all the commodity specified in the receipt, whether such purchaser acquired title to the negotiable receipt before or after delivery of any part of the commodity by the warehouse operator.
RCW 15.65.175 — Washington Code / Title 15 / Chapter 65 / Section 175
RCW 15.65.175: Issuing, amending, or terminating a marketing order—Limitation on public hearings or referendums.
Status: in_force

The director shall not be required to hold a public hearing or a referendum more than once in any twelve-month period on petitions to issue, amend, or terminate a commodity marketing order if any of the following circumstances are present: (1) The petition proposes to establish a marketing order or agreement for the same commodity; (2) The petition proposes the same or a similar amendment to a marketing order or agreement; or (3) The petition proposes to terminate the same marketing order or agreement.
RCW 15.66.053 — Washington Code / Title 15 / Chapter 66 / Section 053
RCW 15.66.053: Proceedings subject to administrative procedure act—Exemptions.
Status: in_force

(1) All rule-making proceedings conducted under this chapter shall be in accordance with chapter 34.05 RCW. (2) Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310 , chapter 19.85 RCW, the regulatory fairness act, and RCW 43.135.055 when adoption of the rule is determined by a referendum vote of the affected parties. (3) The director may adopt amendments to marketing orders without conducting a referendum if the amendments are adopted under the following criteria: (a) The proposed amendments relate only to internal administration of a marketing order and are not subject to violation by a person; (b) The proposed amendments adopt or incorporate by reference without material change federal statutes or regulations, Washington state statutes, or rules of other Washington state agencies, if the material adopted or incorporated regulates the same activities as are authorized under the marketing order; (c) The proposed amendments only correct typographical errors, make address or name changes, or clarify language of a rule without changing the marketing order; (d) The content of the proposed amendments is explicitly and specifically dictated by statute. A marketing order shall not be amended without a referendum to provide that a majority of the commodity commission members be appointed by the director.
RCW 15.17.020 — Washington Code / Title 15 / Chapter 17 / Section 020
RCW 15.17.020: Definitions.
Status: in_force

For the purpose of this chapter: (1) "Agent" means broker, commission merchant, solicitor, seller, or consignor, and any other person acting upon the actual or implied authority of another. (2) "Certification" means, but is not limited to, the issuance by the director of an inspection certificate or other official document stating the grade, classification, and/or condition of any fruits or vegetables, and/or if the fruits or vegetables are free of plant pests and/or other defects. (3) "Combination grade" means two or more grades packed together as one, except cull grades, with a minimum percent of the product of the higher grade, as established by rule. (4) "Compliance agreement" means an agreement entered into between the department and a shipper or packer, that authorizes the shipper or packer to issue certificates of compliance for fruits and vegetables. (5) "Container" means any container or subcontainer used to prepackage any fruits or vegetables. This does not include a container used by a retailer to package fruits or vegetables sold from a bulk display to a consumer. (6) "Deceptive arrangement or display" means any bulk lot or load, arrangement, or display of fruits or vegetables which has in the exposed surface, fruits or vegetables which are so superior in quality, size, condition, or any other respect to those which are concealed, or the unexposed portion, as to materially misrepresent any part of the bulk lot or load, arrangement, or display. (7) "Deceptive pack" means the pack of any container which has in the outer layer or any exposed surface fruits or vegetables which are in quality, size, condition, or any other respect so superior to those in the interior of the container in the unexposed portion as to materially misrepresent the contents. Such pack is deceptive when the outer or exposed surface is composed of fruits or vegetables whose size is not an accurate representation of the variation of the size of the fruits or vegetables in the entire container, even though the fruits or vegetables in the container are virtually uniform in size or comply with the specific standards adopted under this chapter. (8) "Department" means the department of agriculture of the state of Washington. (9) "Director" means the director of the department or his or her duly authorized representative. (10) "Facility" means, but is not limited to, the premises where fruits and vegetables are grown, stored, handled, or delivered for sale or transportation, and all vehicles and equipment, whether aerial or surface, used to transport fruits and vegetables. (11) "Fruits and vegetables" means any unprocessed fruits or vegetables, but does not include cannabis as defined in RCW 69.50.101 . (12) "Handler" means any person engaged in the business of handling, selling, processing, storing, shipping, or distributing fruits or vegetables that he or she has purchased or acquired from a producer. (13) "Inspection" means, but is not limited to, the inspection by the director of any fruits or vegetables at any time prior to, during, or subsequent to harvest. (14) "Mislabel" means the placing or presence of any false or misleading statement, design, or device upon any wrapper, container, container label or lining, or any placard used in connection with and having reference to fruits or vegetables. (15) "Person" means any individual, firm, partnership, corporation, company, society, or association, and every officer, agent, or employee thereof. (16) "Plant pests" means, but is not limited to, any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substance, which can directly or indirectly injure or cause disease or damage in any plant or parts thereof, or any processed, manufactured, or other products of plantsThere shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of enterprise services, (9) the director of commerce, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, (14) the secretary of health, (15) the director of financial institutions, (16) the director of the department of archaeology and historic preservation, (17) the secretary of children, youth, and families, and (18) the executive director of the Puget Sound partnership. Such officers, except the director of fish and wildlife, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055 .not limited to, any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substance, which can directly or indirectly injure or cause disease or damage in any plant or parts thereof, or any processed, manufactured, or other products of plants. (17) "Sell" means to sell, offer for sale, hold for sale, or ship or transport in bulk or in containers. (18) "Standards" means grades, classifications, and other inspection criteria for fruits and vegetables.
RCW 15.58.110 — Washington Code / Title 15 / Chapter 58 / Section 110
RCW 15.58.110: Refusing or canceling registration—Procedure.
Status: in_force

(1) If it does not appear to the director that the pesticide is such as to warrant the proposed claims for it or if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of this chapter or rules adopted under this chapter, the registrant shall be notified of the manner in which the pesticide, labeling, or other material required to be submitted fails to comply with the provisions of this chapter so as to afford the applicant an opportunity to make the necessary corrections. If, upon receipt of such notice, the applicant does not make the corrections the director shall refuse to register the pesticide. The applicant may request a hearing as provided for in chapter 34.05 RCW. (2) The director may, when the director determines that a pesticide or its labeling does not comply with the provisions of this chapter or the rules adopted under this chapter, cancel the registration of a pesticide after a hearing in accordance with the provisions of chapter 34.05 RCW.
RCW 15.54.474 — Washington Code / Title 15 / Chapter 54 / Section 474
RCW 15.54.474: Penalty—Failure to comply with chapter or rule.
Status: in_force

Every person who fails to comply with this chapter, or any rule adopted under it, may be subjected to a civil penalty, as determined by the director, in an amount of not more than seven thousand five hundred dollars for every such violation. Each and every such violation shall be a separate and distinct offense. Every person, who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated this chapter and may be subject to the penalty provided for in this section.
RCW 15.66.015 — Washington Code / Title 15 / Chapter 66 / Section 015
RCW 15.66.015: 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 commissions; 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 15.80.510 — Washington Code / Title 15 / Chapter 80 / Section 510
RCW 15.80.510: Duties of weighmaster.
Status: in_force

A licensed public weighmaster shall: (1) Keep the scale or scales upon which he or she weighs any commodity or thing, in conformity with the standards of weights and measures; (2) carefully and correctly weigh and certify the gross, tare, and net weights of any load of any commodity or thing required to be weighed; and (3) without charge, weigh any commodity or thing brought to his or her scale by the director or peace officer, and issue a certificate of the weights thereof.
RCW 15.28.023 — Washington Code / Title 15 / Chapter 28 / Section 023
RCW 15.28.023: Director appoints members—Nominations—Advisory vote.
Status: in_force

(1) The director shall appoint the members of the commission. (2) Candidates for positions on the commission shall be nominated under RCW 15.28.060 . (3) Not less than sixty days nor more than seventy-five days prior to the commencement of a commission member's term, the director shall cause an advisory vote to be held for the director-appointed positions. Advisory ballots shall be mailed to all affected producers and shall be returned to the director not less than thirty days prior to the commencement of the term. The advisory ballot shall be conducted in a manner so that it is a secret ballot. The names of the two candidates receiving the most votes in the advisory vote shall be forwarded to the director for potential appointment to the commission. In the event there are only two candidates nominated for a position, an advisory vote may not be held and the candidates' names shall be forwarded to the director for potential appointment. If only one candidate is nominated for a position, the commission shall select a second candidate whose name will be forwarded to the director. (4) Any candidate whose name is forwarded to the director for potential appointment shall submit to the director a letter stating why he or she wishes to be appointed to the commission. The director may select either person for the position.
RCW 15.36.475 — Washington Code / Title 15 / Chapter 36 / Section 475
RCW 15.36.475: Laboratory tests—Admission as evidence.
Status: in_force

Tests performed by an official laboratory or an officially designated laboratory of a milk sample drawn by a department official or a licensed dairy technician shall be admitted as prima facie evidence of a violation in any proceeding to enforce this chapter.