reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.24 - Washington Apple Commission. › 15.24.045 - Members—Removal from commission—Process.

RCW 15.24.045
Members—Removal from commission—Process.
If a commission member fails or refuses to perform his or her duties due to excessive absence or abandonment of his or her position or engages in any acts of dishonesty or willful misconduct, the commission may recommend to the director that the commission member be removed from his or her position on the commission. Upon receiving such recommendation, the director shall review the matter, including any statement from the commission member who is the subject of the recommendation, and determine whether adequate cause for removal is present. If the director finds that adequate cause for removal exists, the director shall remove the member from his or her commission position. The position shall then be declared vacant and must be filled pursuant to the provisions of this chapter for filling vacancies.
[ 2008 c 11 § 3.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.24 - Washington Apple Commission. › 15.24.050 - Vacancies—Quorum—Compensation—Travel expenses.

RCW 15.24.050
Vacancies—Quorum—Compensation—Travel expenses.
In the event a position becomes vacant due to resignation, disqualification, death, or for any other reason, such position shall be filled for the balance of the unexpired term by appointment by the director from at least two nominees submitted by the remaining members of the commission.
A majority of the voting members shall constitute a quorum for the transaction of all business and the carrying out of the duties of the commission.
Each member of the commission shall be compensated in accordance with RCW 43.03.230 and shall be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter. Employees of the commission may also be reimbursed for actual travel expenses when on official commission business.
[ 2004 c 178 § 7; 2002 c 313 § 118; 1984 c 287 § 12; 1975-'76 2nd ex.s. c 34 § 12; 1967 c 240 § 26; 1961 c 11 § 15.24.050. Prior: 1949 c 191 § 1, part; 1937 c 195 § 3, part; Rem. Supp. 1949 § 2874-3, part.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.24 - Washington Apple Commission. › 15.24.065 - Plans, programs, and projects—Approval by director.

RCW 15.24.065
Plans, programs, and projects—Approval by director.
(1) The commission shall develop and submit to the director for approval any plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and administration of appropriate programs or projects within the commission's powers and duties;
(b) The establishment and effectuation of market research projects, market development projects, or both to the end that the marketing and utilization of apples may be encouraged, expanded, improved, or made more efficient; and
(c) The establishment and effectuation of, and/or support of industry organizations work regarding, market access project and programs, trade banner work and industry organization support.
(2) The director shall review the commission's programs to ensure that they properly benefit the people of the state of Washington and its economy and properly speak the message of the state.
(3) The commission, prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its project and program plans and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a timely manner.
[ 2004 c 178 § 8.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.24 - Washington Apple Commission. › 15.24.073 - Rule-making proceedings—Exemptions.

RCW 15.24.073
Rule-making proceedings—Exemptions.
All rule-making proceedings conducted under this chapter must be in accordance with chapter 34.05 RCW except that rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310, 43.135.055, and the provisions of chapter 19.85 RCW, the regulatory fairness act, when the proposed rule is subject to a referendum.
[ 2016 sp.s. c 15 § 5; 2002 c 313 § 125.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.24 - Washington Apple Commission. › 15.24.080 - Research, advertising, and educational campaign—Beneficial purposes.

RCW 15.24.080
Research, advertising, and educational campaign—Beneficial purposes.
In order to benefit the people of this state, the state's economy and its general tax revenues, the commission shall provide for and conduct a comprehensive and extensive research, advertising, and educational campaign as continuous as the crop, sales, and market conditions reasonably require. It shall investigate and ascertain the needs of growers, conditions of the markets, and extent to which public convenience and necessity require research and advertising to be conducted.
[ 2016 sp.s. c 15 § 6; 2002 c 313 § 120; 1961 c 11 § 15.24.080. Prior: 1937 c 195 § 13, part; RRS § 2874-13, part.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.24 - Washington Apple Commission. › 15.24.090 - Assessment—Modification process—Referendum.

RCW 15.24.090
Assessment—Modification process—Referendum.
(1) There is hereby levied annually upon all fresh apples grown in this state, and all apples packed as Washington apples, including fresh sliced, an assessment of eight and seventy-five one-hundredths cents per one hundred pounds of apples, based on net shipping weight, or reasonable equivalent net product assessment measurement as determined by the commission. All moneys collected under this subsection must be expended to effectuate the purpose and objects of this chapter. The assessment rates established in this subsection may be increased or decreased pursuant to the procedure in subsection (2) of this section.
(2) If the commission determines based on information available to it that the revenue from the assessment levied under this chapter is too high or is inadequate to accomplish the purposes of this chapter, then with the oversight of the director the commission shall commence rule making setting forth the needs of the industry, the extent and probable cost of commission activities identified as necessary to address the needs of the industry together with a brief statement justifying each activity, the proposed new assessment rate, and the expected revenue from the proposed assessment. A different rate may be proposed for any specific variety or for fresh apples sliced or cut for raw consumption.
(3) Upon receiving the director's approval of the rule making commenced under subsection (2) of this section, and with the oversight of the director, the commission may conduct a referendum to determine whether growers assent to the proposed new assessment rate, or may refer the matter to the director to conduct the referendum on behalf of the commission. An increase in the assessment rate is approved if two-thirds of growers vote in favor and the growers voting in favor represent two-thirds of the apples grown in the two prior crop years, based on net shipping weight. A decrease in the assessment rate is approved if a majority of growers vote in favor and the growers voting in favor represent two-thirds of the apples grown in the two prior crop years, based on the net shipping weight. If approved, the new rate must be adopted in rule in accordance with chapter 34.05 RCW.
[ 2016 sp.s. c 15 § 7; 2004 c 178 § 10; 2002 c 313 § 122; 1983 c 95 § 1; 1979 c 20 § 1; 1967 c 240 § 27; 1963 c 145 § 6; 1961 c 11 § 15.24.090. Prior: 1953 c 43 § 1; 1937 c 195 § 13, part; RRS § 2874-13, part.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.24 - Washington Apple Commission. › 15.24.100 - Procedure for eliminating assessment.

RCW 15.24.100
Procedure for eliminating assessment.
(1) A petition may be filed with the commission to reduce the assessment authorized in RCW 15.24.090 to zero. To be valid, the petition must be signed by at least eight percent of all apple growers eligible to vote in commission referendum elections. The petition shall contain the name of a person designated to represent the petitioners.
(2) Upon receipt of a valid petition, the commission shall prepare a document discussing the substance of the petition. A statement in favor of the petition shall be written by the proponents of the petition. A statement opposing the petition may be written by the commission or an opponent. The document and a notice of public hearing shall be sent to apple growers eligible to vote in commission referendum elections at least twenty days prior to the scheduled public hearings. The commission shall hold public hearings in Yakima and Wenatchee on the petition.
(3) Following the public hearings, the question of whether to reduce the assessment authorized in RCW 15.24.090 to zero shall be referred to a referendum mail ballot. The commission shall certify to the director a list of apple growers eligible to vote in commission referendum elections. The referendum shall be conducted and supervised by the director using the certified list. Inadvertent failure to notify a grower does not invalidate a referendum.
(4) The referendum will be approved if a simple majority of apple growers voting in the referendum election vote in favor of the elimination of the assessment. The director will certify the results of the vote.
(5) The referendum vote shall be binding and may not be overturned by action of the commission or director. If the referendum is approved, the commission shall immediately commence activities to wind down its operations. However, the elimination of the assessment shall not be effective until six months from the date the referendum result is certified by the director. If the referendum fails, neither the commission nor the director will take further action on the petition.
(6) The commission is responsible for all its own costs and all the director's costs associated with the hearing, notice, and referendum process. A subsequent petition may not be filed any sooner than five years following the certification of the results of any previously held referendum conducted under this section.
[ 2018 c 22 § 8; 2016 sp.s. c 15 § 8; 2004 c 178 § 11; 2002 c 313 § 123; 1967 c 240 § 28; 1963 c 145 § 7; 1961 c 11 § 15.24.100. Prior: 1937 c 195 § 9; RRS § 2874-9.]
NOTES:
Explanatory statement—2018 c 22: See note following RCW 1.20.051.
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.24 - Washington Apple Commission. › 15.24.110 - Collection of assessments—Rule-making authority—Assessment imposed under RCW 15.26.120.

RCW 15.24.110
Collection of assessments—Rule-making authority—Assessment imposed under RCW 15.26.120.
The assessments on fresh apples shall be paid, or provision made therefor satisfactory to the commission, at the time of shipment, and no fresh apples shall be carried, transported, or shipped by any person or by any carrier, railroad, truck, boat, or other conveyance until the assessment has been paid or provision made therefor satisfactory to the commission.
The commission shall by rule prescribe the method of collection of the assessment.
The commission may also collect assessments imposed under RCW 15.26.120, and in that event, the commission shall establish and be reimbursed by the Washington tree fruit research commission an amount representing a reasonable approximation of the actual costs to the commission of such collection.
[ 2016 sp.s. c 15 § 9; 2004 c 178 § 12; 2002 c 313 § 124; 1967 c 240 § 29; 1961 c 11 § 15.24.110. Prior: 1937 c 195 § 12; RRS § 2874-12.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.24 - Washington Apple Commission. › 15.24.120 - Records kept by dealers, handlers, processors.

RCW 15.24.120
Records kept by dealers, handlers, processors.
Each dealer, handler, and processor shall keep a complete and accurate record of all apples handled, shipped, or processed by him or her. This record shall be in such form and contain such information as the commission may by rule or regulation prescribe, and shall be preserved for a period of two prior crop years, and be subject to inspection at any time upon demand of the commission or its agents.
[ 2016 sp.s. c 15 § 10; 2010 c 8 § 6021; 1961 c 11 § 15.24.120. Prior: 1937 c 195 § 10; RRS § 2874-10.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.24 - Washington Apple Commission. › 15.24.130 - Returns rendered by dealers, handlers, processors.

RCW 15.24.130
Returns rendered by dealers, handlers, processors.
Each dealer, handler, and processor shall at such times as the commission may by rule or regulation require, file with the commission a return under oath on forms to be furnished by the commission, stating the quantity of apples handled, shipped, or processed by him or her during the period prescribed by the commission. The return shall contain such further information as the commission may require.
[ 2010 c 8 § 6022; 1961 c 11 § 15.24.130. Prior: 1937 c 195 § 11; RRS § 2874-11.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.24 - Washington Apple Commission. › 15.24.140 - Right to inspect.

RCW 15.24.140
Right to inspect.
The commission may inspect the premises and records of any carrier, handler, dealer, or processor for the purpose of enforcing this chapter and the collection of the excise tax.
[ 1961 c 11 § 15.24.140. Prior: 1937 c 195 § 19; RRS § 2874-19.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.24 - Washington Apple Commission. › 15.24.150 - Treasurer—Bond—Duties—Funds.

RCW 15.24.150
Treasurer—Bond—Duties—Funds.
The commission shall appoint a treasurer who shall file with it a fidelity bond executed by a surety company authorized to do business in this state, in favor of the commission and the state, in the penal sum of fifty thousand dollars, conditioned upon the faithful performance of his or her duties and strict accounting of all funds of the commission.
All money received by the commission, or any other state official from the assessment herein levied, shall be paid to the treasurer, deposited in such banks as the commission may designate, and disbursed by order of the commission. None of the provisions of RCW 43.01.050 shall apply to money collected under this chapter.
[ 2010 c 8 § 6023; 1961 c 11 § 15.24.150. Prior: 1937 c 195 § 6; RRS § 2874-6.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.24 - Washington Apple Commission. › 15.24.160 - Promotional plans—Purpose—Authority of commission—Limitation on liability.

RCW 15.24.160
Promotional plans—Purpose—Authority of commission—Limitation on liability.
To maintain and complement the existing comprehensive regulatory scheme, the commission may employ, designate as agent, act in concert with, and enter into contracts with any person, council, or commission, including but not limited to the director, state agencies such as the Washington state fruit commission and its successors, statewide horticultural associations, organizations or associations engaged in tracking the movement and marketing of horticultural products, and organizations or associations of horticultural growers, for the purpose of promoting the general welfare of the apple industry and particularly for the purpose of assisting in the sale and distribution of apples in domestic or foreign commerce, and expend its funds or such portion thereof as it may deem necessary or advisable for such purpose and for the purpose of paying its proportionate share of the cost of any program providing direct or indirect assistance to the sale and distribution of apples in domestic or foreign commerce. For such purposes it may employ and pay for legal counsel and contract and pay for other professional services. The liability of the state for the acts of the commission, or upon its contracts, shall be limited solely to the assets of the commission. In any civil or criminal action or proceeding for violation of any statute, including a rule adopted under that statute, or common law against monopolies or combinations in restraint of trade, including any action under chapter 19.86 RCW, proof that the act complained of was done in compliance with the provisions of this chapter, and in furtherance of the purposes and provisions of this chapter, is a complete defense to such an action or proceeding.
[ 2004 c 178 § 13; 2002 c 313 § 126; 1961 c 11 § 15.24.160. Prior: 1947 c 280 § 3; Rem. Supp. 1947 § 2909-3.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.24 - Washington Apple Commission. › 15.24.180 - Enforcement.

RCW 15.24.180
Enforcement.
All county and state law enforcement officers and all employees and agents of the department shall enforce this chapter.
[ 1961 c 11 § 15.24.180. Prior: 1937 c 195 § 16; RRS § 2874-16.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.24 - Washington Apple Commission. › 15.24.190 - Claims enforceable against commission assets—Nonliability of other persons and entities—Exception—Application of chapter 4.92 RCW.

RCW 15.24.190
Claims enforceable against commission assets—Nonliability of other persons and entities—Exception—Application of chapter 4.92 RCW.
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 in his or her individual capacity. Except as otherwise provided in this chapter, neither the members of the commission 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, save for their own individual acts of dishonesty or crime. No such person or employee may be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint, and no member is liable for the default of any other member. This provision confirms that commissioners 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, as provided in that chapter.
[ 2004 c 178 § 14; 1987 c 393 § 4; 1961 c 11 § 15.24.190. Prior: 1937 c 195 § 7; RRS § 2874-7.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.24 - Washington Apple Commission. › 15.24.200 - Penalties.

RCW 15.24.200
Penalties.
(1) Any person who violates or aids in the violation of any provision of this chapter is guilty of a gross misdemeanor.
(2) Any person who violates or aids in the violation of any rule or regulation of the commission is guilty of a misdemeanor.
[ 2003 c 53 § 104; 1961 c 11 § 15.24.200. Prior: 1937 c 195 § 14; RRS § 2874-14.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.24 - Washington Apple Commission. › 15.24.210 - Prosecutions.

RCW 15.24.210
Prosecutions.
Any prosecution brought under this chapter may be instituted in any county in which the defendant or any defendant resides, or in which the violation was committed, or in which the defendant or any defendant has his or her principal place of business.
The superior courts are hereby vested with jurisdiction to enforce the provisions of this chapter and the rules and regulations of the commission issued hereunder, and to prevent and restrain violations thereof.
[ 2010 c 8 § 6024; 1961 c 11 § 15.24.210. Prior: 1937 c 195 § 15; RRS § 2874-15.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.24 - Washington Apple Commission. › 15.24.215 - Funding staff support—Rules.

RCW 15.24.215
Funding staff support—Rules.
The director may provide by rule for a method to fund staff support for all commodity boards and commissions in accordance with RCW 43.23.033 if a position is not directly funded by the legislature and costs related to the specific activity undertaken on behalf of an individual commodity board or commission. The commission shall provide funds to the department according to the rules adopted by the director.
[ 2002 c 313 § 72.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.24 - Washington Apple Commission. › 15.24.910 - Liberal construction.

RCW 15.24.910
Liberal construction.
This chapter shall be liberally construed.
[ 1961 c 11 § 15.24.910. Prior: 1937 c 195 § 17; RRS § 2874-17.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.020 - Purpose.

RCW 15.26.020
Purpose.
The purpose of this chapter is for the creation of a commission which shall promote and carry on research and administer specific industry service programs, including but not limited to sanitation programs, which will or may benefit the planting, production, harvesting, handling, processing or shipment of tree fruit of this state, which shall collect assessments on tree fruit in this state and which shall coordinate its research efforts with those of other state, federal, or private agencies doing similar research.
[ 1983 c 281 § 1; 1969 c 129 § 2.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.030 - Definitions.

RCW 15.26.030
Definitions.
As used in this chapter, unless a different meaning is plainly required by the context:
(1) "Department" means the department of agriculture of the state of Washington.
(2) "Director" means the director of the department of agriculture or his or her duly authorized representative.
(3) "Person" means any natural persons, firm, partnership, exchange, association, trustee, receiver, corporation, and any member, officer, or employee thereof or assignee for the benefit of creditors.
(4) "Producer" means any person who owns or is engaged in the business of commercially producing tree fruit or has orchard plantings intended for commercial tree fruit production.
(5) "Sanitation program" means a program designed to eliminate pests and/or plants or trees which serve as hosts to pests or diseases of tree fruits.
[ 2010 c 8 § 6025; 1983 c 281 § 2; 1969 c 129 § 3.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.040 - Tree fruit research commission created—Membership.

RCW 15.26.040
Tree fruit research commission created—Membership.
There is hereby created the Washington tree fruit research commission, to be thus known and designated. The commission shall be composed of nine members. Three members to be appointed by the Washington state fruit commission, five members to be appointed by the Washington apple commission, and one member representing the winter pear industry to be appointed by the director. The director or his or her duly authorized representative shall be ex officio member with a vote, to represent all assessed commodities. The appointed members of the commission shall serve at the will of their respective appointers even though appointed for specific terms as set forth in RCW 15.26.070.
[ 2010 c 8 § 6026; 1969 c 129 § 4.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.050 - Qualifications of members.

RCW 15.26.050
Qualifications of members.
Nine members of the commission shall be producers who are citizens and residents of this state. Each producer member shall be over the age of twenty-five years and have been actively engaged in growing tree fruits in this state and deriving a substantial portion of his or her income therefrom, or having a substantial amount of orchard acreage devoted to tree fruit production or as an owner, lessee, partner or an employee or officer of a firm engaged in the production of tree fruit whose responsibility to such firm shall be primarily in the production of tree fruit. Such employee or officer of such firm shall be actually engaged in such duties relating to the production of tree fruit with such firm or any other such firm for a period of at least five years. The qualifications of the members of the commission set forth in this section shall continue during their term of office.
[ 2010 c 8 § 6027; 1969 c 129 § 5.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.060 - Appointment of members.

RCW 15.26.060
Appointment of members.
The Washington apple commission shall appoint producer members to positions one through five on the commission. The Washington state fruit commission shall appoint producer members to positions six through eight on the commission. The director shall appoint a producer who derives a substantial portion of his or her income from the production of winter pears.
[ 2010 c 8 § 6028; 1969 c 129 § 6.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.070 - Terms of members.

RCW 15.26.070
Terms of members.
The terms of the members of commission shall be staggered and each shall serve for a term of three years and until their successor has been appointed and qualified: PROVIDED, That the first appointments to the commission beginning July 30, 1969, shall be for the following terms:
(1) Positions one, four, and seven, one year.
(2) Positions two, five, and eight, two years.
(3) Positions three, six, and nine, three years.
[ 1969 c 129 § 7.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.080 - Vacancies.

RCW 15.26.080
Vacancies.
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.
[ 2010 c 8 § 6029; 1969 c 129 § 8.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.090 - Quorum.

RCW 15.26.090
Quorum.
A majority of the members of the commission shall constitute a quorum for the transaction of all business and carrying out the duties of the commission: PROVIDED, That on all fiscal matters, approval for passage must be by at least two-thirds majority of the said quorum.
[ 1969 c 129 § 9.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.100 - Compensation—Travel expenses.

RCW 15.26.100
Compensation—Travel expenses.
Each member of the commission shall be compensated in accordance with RCW 43.03.230 and shall be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter. Employees of the commission may also be reimbursed for actual travel expenses when out of state on official commission business.
[ 1984 c 287 § 13; 1975-'76 2nd ex.s. c 34 § 13; 1969 c 129 § 10.]
NOTES:
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.120 - Assessments levied—Referendum.

RCW 15.26.120
Assessments levied—Referendum.
There is hereby levied on all commercial tree fruit produced in this state or held out as being produced in this state for fresh or processing use, an assessment, initially not to exceed ten cents per ton on all such tree fruits, except that such assessment for apples for fresh shipment shall be at the rate of one-half cent per one hundred pounds gross billing weight. Such assessment on all such commercial tree fruit shall not become effective until approved by a majority of such commercial producers of tree fruit voting in a referendum conducted jointly by the Washington apple commission, Washington state fruit commission, and the department. The respective commissions shall supply all known producers of tree fruits subject to their respective commissions with a ballot for the referendum and the department shall supply all known tree fruit producers not subject to either of the commissions with a ballot wherein all known producers may approve or disapprove such assessment. The commission may waive the payment of assessments by any class of producers of minimal amounts of tree fruit when the commission determines subsequent to a hearing that the cost of collecting and keeping records of such assessments is disproportionate to the return to the commission.
[ 2011 c 103 § 1; 1969 c 129 § 12.]
NOTES:
Purpose—2011 c 103: "The purpose of this act is to make technical, nonsubstantive amendments to the sections included in this act. No substantive changes to the law are intended or implied." [ 2011 c 103 § 45.]
Collection by the Washington apple commission: RCW 15.24.110.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.125 - Assessment on cherries in excess of the fiscal growth factor under chapter 43.135 RCW—Washington tree fruit research commission.

RCW 15.26.125
Assessment on cherries in excess of the fiscal growth factor under chapter 43.135 RCW—Washington tree fruit research commission.
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.
[ 1995 c 109 § 2.]
NOTES:
Effective date—1995 c 109: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995." [ 1995 c 109 § 3.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.130 - List of producers.

RCW 15.26.130
List of producers.
The Washington apple commission and the Washington state fruit commission shall supply the director with a list of known producers subject to paying assessments to the respective commissions. The director, in addition, shall at the commission's cost compile a list of known tree fruit producers producing fruit not subject to assessments of the Washington apple commission and the Washington state fruit commission but subject to assessments or becoming subject to assessments under the provisions of this chapter. In compiling such list the director shall publish notice to producers of such tree fruit, requiring them to file with the director a report giving the producer's name, mailing address and orchard location. The notice shall be published once a week for four consecutive weeks in weekly or daily newspapers of general circulation in the area or areas where such tree fruit is produced. All producer reports shall be filed with the director within twenty days from the date of last publication of notice or thirty days of mailing notice to producers of such tree fruit, whichever is later. The director shall for the purpose of conducting any referendum affecting tree fruits subject to the provisions of this chapter keep such list up-to-date when conducting such referendum. Every person who becomes a producer after the list is compiled shall file with the director a similar report, giving his or her name, mailing address and orchard location. Such list shall be final and conclusive in conducting referendums and failure to notify a producer shall not be cause for the invalidation of any referendum.
[ 2002 c 313 § 135; 1969 c 129 § 13.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.140 - Increase in assessments by referendum.

RCW 15.26.140
Increase in assessments by referendum.
The producers of tree fruit subject to the provisions of this chapter may subsequent to approving initial assessment increase such assessment by referendum when approved by a majority of the producers voting.
[ 1969 c 129 § 14.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.150 - Additional assessments for special projects.

RCW 15.26.150
Additional assessments for special projects.
The producers of any specific tree fruit subject to the provisions of this chapter may at any time by referendum conducted by the department and approved by a majority of the producers voting of such specific tree fruit establish an additional assessment on such specific tree fruit for special research projects of special interest to such specific tree fruit.
[ 1969 c 129 § 15.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.155 - Additional assessment.

RCW 15.26.155
Additional assessment.
The producers of tree fruit subject to the provisions of this chapter may at any time, by referendum conducted by the department and approved by a majority of the producers voting, establish an additional assessment for programs including but not limited to sanitation programs and the reregistration of plant protection products for use on minor crops. The members of the commission may, subject to approval by two-thirds of the voting members of the commission, suspend all or part of the assessments on tree fruit under this section.
[ 1991 c 257 § 2; 1983 c 281 § 3.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.160 - Suspension of assessments.

RCW 15.26.160
Suspension of assessments.
The members of the commission may, subject to approval by two-thirds of the voting members of the commission, suspend for a period not exceeding one crop year at a time all or part of the assessments on tree fruit subject to the provisions of this chapter.
[ 1969 c 129 § 16.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.170 - Payment of assessments required before purchase, receipt or shipment of fruit.

RCW 15.26.170
Payment of assessments required before purchase, receipt or shipment of fruit.
Such assessments will be due from the producers. No person shall purchase, or receive for sale, or shipment out of state any tree fruits subject to the provisions of this chapter until he or she has received proof that the assessment due and payable the commission has been paid.
[ 2010 c 8 § 6031; 1969 c 129 § 17.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.180 - Records of persons receiving fruit.

RCW 15.26.180
Records of persons receiving fruit.
Any person receiving commercial tree fruits from any producer thereof or any producer of tree fruit who prepared or processed his or her own tree fruit for sale, or shipment for sale shall keep complete and accurate records of all such tree fruit. Such records shall meet the requirements of rules or regulations prescribed by the commission and shall be kept for two years subject to inspection by duly authorized representatives of the commission.
[ 2010 c 8 § 6032; 1969 c 129 § 18.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.190 - Return of dealers, handlers, and processors—Filing—Contents.

RCW 15.26.190
Return of dealers, handlers, and processors—Filing—Contents.
Every dealer, handler, and processor shall at such times as the commission may by rule or regulation require, file with the commission a return under oath on forms to be prescribed and furnished by the commission, stating the quantity of tree fruit, subject to the provisions of this chapter, handled, shipped, or processed by him or her during the period or periods of time prescribed by the commission. Such return shall contain such further information as may be necessary to carry out the objects and purposes of this chapter.
[ 2010 c 8 § 6033; 1969 c 129 § 19.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.200 - Assessments—When due and payable—Collection.

RCW 15.26.200
Assessments—When due and payable—Collection.
Such assessments on tree fruits shall be due and payable by the producer thereof by the end of the next business day that such tree fruits are sold or shipped for sale unless such time is extended as provided for in RCW 15.26.210 by rule or regulation of the commission. The commission may by rule or regulation provide that such assessments shall be collected from the producer and remitted by the person purchasing, or receiving such tree fruit for sale, processing, or shipment anywhere.
[ 1969 c 129 § 20.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.210 - Assessments—Constitute personal debt.

RCW 15.26.210
Assessments—Constitute personal debt.
Any due and payable assessments herein levied shall constitute a personal debt of every person so assessed or who otherwise owes the same and shall be due and payable as provided for in RCW 15.26.200, unless the commission by rules or regulations provides for payment to be made not later than thirty days after the time set forth in RCW 15.26.200: PROVIDED, That such extension of time shall not apply to any person who is in arrears in his or her payments to the commission.
[ 2010 c 8 § 6034; 1969 c 129 § 21.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.220 - Assessments—Failure to pay—Collection.

RCW 15.26.220
Assessments—Failure to pay—Collection.
In the event any person fails to pay the full amount of such assessment or such other sum on or before the due date, the commission may add to such unpaid assessment or sum an amount not more than ten percent but not less than one dollar of the same to defray the cost of enforcing the collection of such assessment, together with interest on the unpaid balance of one percent per month commencing the first month following the month in which payment was due. In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the commission may bring a civil action against such person or persons in a state court of competent jurisdiction for the collection thereof, together with the interest and the above specified ten percent thereon, and such reasonable attorneys' fees as may be allowed by the court, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.
[ 1969 c 129 § 22.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.230 - Disposition of moneys collected—Treasurer's bond.

RCW 15.26.230
Disposition of moneys collected—Treasurer's bond.
All money collected under the authority of this chapter shall be paid to the treasurer of the commission, and be deposited by him or her in banks designated by the commission, and disbursed on the order of the commission. The treasurer shall file with the commission a fidelity bond, executed by a surety company authorized to do business in this state, in favor of the state and the commission, jointly and severally, in a sum to be fixed by the commission, but not less than twenty-five thousand dollars, and conditioned upon his or her faithful performance of his or her duties and his or her strict accounting of all funds of the commission. RCW 43.01.050 shall not apply to money collected under this chapter.
[ 2010 c 8 § 6035; 1969 c 129 § 23.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.235 - Collection, administration, and disbursal of funds for industry service programs.

RCW 15.26.235
Collection, administration, and disbursal of funds for industry service programs.
Funds collected and expenditures made for specific industry service programs shall be collected, administered, and dispersed [disbursed] separately from all other funds authorized and collected for research by the commission. The commission may appoint a committee to advise them regarding the need for specific industry service programs and regarding the administration of the assessments collected under RCW 15.26.155.
[ 1983 c 281 § 4.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.240 - Nonliability of state, members, employees.

RCW 15.26.240
Nonliability of state, members, employees.
Obligations incurred by the commission shall be enforced only against the assets of the commission in the same manner as if it were a corporation and no liability for the debts or acts of the commission shall exist against either the state of Washington, or against any member, officer, employee, or agent of the commission in his or her individual capacity. The members of the commission including employees of the commission, shall not be held responsible individually in any way whatsoever to any person 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 such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall not be several and joint and no member shall be liable for the default of any other member.
[ 2010 c 8 § 6036; 1969 c 129 § 24.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.250 - Collection of assessments for commission by apple commission and state fruit commission.

RCW 15.26.250
Collection of assessments for commission by apple commission and state fruit commission.
The Washington apple commission and Washington state fruit commission in order to avoid unnecessary duplication of costs and efforts in collecting assessments for tree fruits at the time said commissions collect assessments due under the provisions of their acts may also collect the assessment due the commission on such tree fruit. Such assessments on winter pears may be collected by the Washington state fruit commission or in a manner prescribed by the commission. Assessments collected for the commission by the Washington apple commission and the Washington state fruit commission shall be forwarded to the commissions expeditiously. No fee shall be charged the commission for the collection of assessments because the research conducted by the commission shall be of direct benefit to all commercial growers of tree fruits in the state of Washington. However, the commission shall reimburse at actual cost to the department or the Washington state fruit commission or apple commission any assessment collected for the commission by such agencies for any tree fruit subject to the provisions of this chapter, but not subject to pay assessments to the Washington state fruit commission or the Washington apple commission.
[ 2002 c 313 § 136; 1969 c 129 § 25.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.260 - Legal costs and expenses to be borne by commission.

RCW 15.26.260
Legal costs and expenses to be borne by commission.
All legal costs and expenses that may be incurred in the collection of delinquent accounts owed this commission shall be borne by the commission; except as provided for otherwise in RCW 15.26.220.
[ 1969 c 129 § 26.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.265 - Funding staff support—Rules.

RCW 15.26.265
Funding staff support—Rules.
The director may provide by rule for a method to fund staff support for all commodity boards and commissions in accordance with RCW 43.23.033 if a position is not directly funded by the legislature and costs related to the specific activity undertaken on behalf of an individual commodity board or commission. The commission shall provide funds to the department according to the rules adopted by the director.
[ 2002 c 313 § 73.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.270 - Copies of commission's proceedings, records, acts as evidence.

RCW 15.26.270
Copies of commission's proceedings, records, acts as evidence.
Copies of the commission's proceedings, records, and acts when certified by the secretary and authenticated by the commission's seal shall be admissible in all courts as prima facie evidence of the truth of all statements therein.
[ 1969 c 129 § 27.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.280 - Moneys collected retained by commission.

RCW 15.26.280
Moneys collected retained by commission.
All moneys collected by the commission under the provisions of this chapter shall be retained by the commission for the purpose of carrying out the purpose and provisions of this chapter. The commission may accept and retain any moneys from private persons or private or public agencies to carry out the purposes and provisions of this chapter.
[ 1969 c 129 § 28.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.26 - Tree Fruit Research Act. › 15.26.290 - Contracts with public or private agencies to carry out chapter.

RCW 15.26.290
Contracts with public or private agencies to carry out chapter.
The commission may enter into agreement or contract with any private person or any private or public agency whether federal, state or local in order to carry out the purposes and provisions of this chapter.
[ 1969 c 129 § 29.]