reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.050 - Initial appointments to the Washington grain commission—Expiration of interim terms.

RCW 15.115.050
Initial appointments to the Washington grain commission—Expiration of interim terms.
(1) The Washington grain commission replaces the Washington wheat commission and the Washington barley commission. To accomplish this transition, the initial appointments to the Washington grain commission are as follows:
(a) Within thirty days of July 26, 2009, the Washington wheat commission shall forward to the director the names of the currently appointed wheat producer members who shall be appointed to the interim terms specified in subsection (2) of this section. Thereafter, wheat producer members are nominated and appointed under RCW 15.115.060 and 15.115.080.
(b) Within thirty days of July 26, 2009, the Washington barley commission shall forward to the director the names of two currently appointed producer members, one who resides in and is a barley producer in district VI and one who resides in and is a barley producer in district VII who shall be appointed to the interim terms specified in subsection (2) of this section. Thereafter, barley producer members are nominated and appointed under RCW 15.115.060 and 15.115.080.
(c) Within thirty days of July 26, 2009, the Washington wheat commission shall forward to the director the names of the currently appointed wheat industry representative members who shall be appointed to the interim terms specified in subsection (3) of this section. Thereafter the director shall appoint wheat industry representative members under RCW 15.115.070 and 15.115.080.
(d) Within thirty days of July 26, 2009, the Washington barley commission shall forward to the director the name of one of the currently appointed barley industry representative members who shall be appointed to the interim term specified in subsection (3) of this section. Thereafter the director shall appoint the barley industry representative member under RCW 15.115.070 and 15.115.080.
(2) Interim terms for producer members expire as follows:
(a) Districts I, IV, and VII: December 31, 2010; and
(b) Districts II, III, V, and VI: December 31, 2011.
(3) Interim terms for industry representative members expire as follows:
(a) Barley industry representative: December 31, 2010;
(b) Wheat industry representative (position 1): December 31, 2010; and
(c) Wheat industry representative (position 2): December 31, 2011.
(4) The initial appointments under this section must be made within sixty days of July 26, 2009.
[ 2009 c 33 § 5.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.070 - Industry representative member of the commission—Appointment.

RCW 15.115.070
Industry representative member of the commission—Appointment.
(1) The director shall appoint the industry representative members of the commission.
(2) Not later than November 1st preceding the expiration of an industry representative member's term of office, the commission shall, by majority vote of a quorum of the commission, select a qualified candidate for the industry representative position and forward the name of the candidate to the director.
(3) The director may select the candidate for the position or may reject the candidate and request that the commission forward the name of an additional candidate for appointment consideration by the director.
(4) Except for good cause shown, appointments under this section must be made no later than fifteen days before the commencement of the term of office of the position for which the appointment is made.
[ 2009 c 33 § 7.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.080 - Vacancy on the commission.

RCW 15.115.080
Vacancy on the commission.
In the event of a vacancy on the commission, the remaining members shall recommend to the director the name of a person qualified for appointment to the vacant position. The director may appoint that person for the position or may reject the candidate and request that the commission forward the name of an additional candidate for appointment consideration by the director.
[ 2009 c 33 § 8.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.090 - Removal of a commission member.

RCW 15.115.090
Removal of a commission member.
If a commission member fails or refuses to perform his or her duties due to excessive absence or abandonment of his or her position or engages in any acts of dishonesty or willful misconduct, a majority of a quorum of the commission may recommend in writing to the director that the commission member be removed from his or her position on the commission. Upon receiving this recommendation, the director shall review the matter, including any statement from the commission member who is the subject of the recommendation, and determine whether adequate cause for removal is present. If the director finds that adequate cause for removal exists, the director shall remove the member from his or her commission position. The position is then vacant and must be filled as set forth in this chapter.
[ 2009 c 33 § 9.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.100 - Membership in associations with similar objectives—Contracting with such associations.

RCW 15.115.100
Membership in associations with similar objectives—Contracting with such associations.
(1) Any member of the commission also may be a member or officer of an association which has similar objectives for which the agricultural commission was formed.
(2) An agricultural commission also may contract with such an association for services necessary to carry out any purposes authorized under this chapter, provided that an appropriate contract has been entered into, and provided that any members with potential conflicts of interest comply with applicable provisions in chapter 42.52 RCW.
[ 2009 c 33 § 10.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.110 - Meetings—Proposed budget—Notice—Voting requirements.

RCW 15.115.110
Meetings—Proposed budget—Notice—Voting requirements.
(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.
[ 2009 c 33 § 11.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.120 - Quorum requirements—Compensation—Travel expenses.

RCW 15.115.120
Quorum requirements—Compensation—Travel expenses.
(1) A majority of the voting members constitute a quorum for the transaction of all business and for carrying out the duties of the commission.
(2) A member of the commission shall not receive any salary or other compensation from the commission, except that each member of the commission is compensated in accordance with RCW 43.03.230 for each day spent in actual attendance at or traveling to and from meetings of the commission or on special assignments for the commission, together with subsistence, lodging, and travel expenses allowed by RCW 43.03.050 and 43.03.060. Employees of the commission also may be reimbursed subsistence, lodging, and travel expenses allowed by RCW 43.03.050 and 43.03.060 when on official commission business.
[ 2009 c 33 § 12.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.130 - Transfer of powers, duties, assets, etc., to the Washington grain commission.

RCW 15.115.130
Transfer of powers, duties, assets, etc., to the Washington grain commission.
(1) The Washington grain commission is the successor in interest to the Washington wheat commission and the Washington barley commission and is vested with all powers and duties transferred to it under this chapter and other such powers and duties as may be authorized by law.
(2) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the Washington wheat commission or Washington barley commission must be delivered to the custody of the Washington grain commission. All cabinets, furniture, office equipment, motor vehicles, and other tangible property owned or employed by the Washington wheat commission or Washington barley commission must be delivered to the Washington grain commission. The Washington grain commission shall ensure the timely transfers of all legal titles, registrations, and licenses made necessary by this subsection. All funds, accounts, investments, credits, or other assets held by the Washington wheat commission or Washington barley commission must be transferred or assigned to the Washington grain commission. All debts, liabilities, and obligations owed by the Washington wheat commission or Washington barley commission must be transferred or assigned to the Washington grain commission.
(3) All employees of the Washington wheat commission or Washington barley commission are transferred to the Washington grain commission.
(4) Beginning with the final initial appointment made under RCW 15.115.050, the interim commissioners shall submit timely reports to the director summarizing the progress made in completing the actions required under this section and any other actions necessary to complete the transition provided for in this chapter.
(5) When the interim commissioners have completed the actions required under this section and any other actions necessary to complete the transition provided for in this chapter, they shall so certify in writing to the director. The Washington wheat commission and Washington barley commission cease to exist as of the date that certification is received by the director. Once the director has received the certification, the director is authorized and shall take action to repeal the marketing orders addressing wheat or barley.
(6) All actions required under this section must be completed by the interim commissioners no later than one hundred twenty days after the final initial appointment is made under RCW 15.115.050.
(7) RCW 15.66.157 and 15.66.160 do not apply to the Washington wheat commission and the Washington barley commission.
[ 2009 c 33 § 13.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.150 - Director's duties.

RCW 15.115.150
Director's duties.
(1) The commission shall develop and submit to the director for approval any plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising and promotion of wheat and barley; and
(b) The establishment and effectuation of market research projects, market development projects, or both, to the end that the marketing and utilization of wheat and barley may be encouraged, expanded, improved, or made more efficient.
(2) The director shall review the commission's advertising or promotion program to ensure that no false claims are being made concerning any agricultural commodity.
(3) The commission, prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its research plan, its commodity-related education and training plan, and its budget on a fiscal period basis.
(4) The director shall review and make a determination of all submissions described in this section in a timely manner.
[ 2009 c 33 § 15.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.160 - Rule-making proceedings.

RCW 15.115.160
Rule-making proceedings.
(1) Except as provided in subsection (2) of this section, all rule-making proceedings conducted under this chapter must be in accordance with chapter 34.05 RCW.
(2) Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310 and 43.135.055 and chapter 19.85 RCW, the regulatory fairness act, when the proposed rule is subject to a referendum.
(3) Rules, regulations, and orders made by the commission must be filed with the director and become effective as provided in RCW 34.05.380.
[ 2009 c 33 § 16.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.170 - Liquor produced from wheat or barley.

RCW 15.115.170
Liquor produced from wheat or barley.
(1) The commission may receive donations of liquor produced from wheat or barley grown in Washington and may use the liquor for the promotional purposes specified in subsection (2) of this section.
(2) The commission may engage directly or indirectly in the promotion of liquor produced from wheat or barley grown in Washington including, without limitation, the acquisition in any lawful manner and the dissemination without charge of the liquor. This dissemination is not deemed a sale for any purpose and the commission is not deemed a producer, supplier, or manufacturer, or the clerk, servant, or agent of a producer, supplier, distributor, or manufacturer under Title 66 RCW. This dissemination without charge may be solely for agricultural development or trade promotion, and not for fund-raising purposes under RCW 15.115.140(2)(u). Dissemination for promotional purposes may include promotional hosting and must in the good faith judgment of the commission be in the aid of the marketing, advertising, or promotion of wheat or barley grown in Washington, or research related to that marketing, advertising, or promotion.
(3) The commission shall adopt rules governing promotional hosting expenditures by its employees, agents, or commission members under RCW 15.04.200.
[ 2009 c 33 § 17.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.180 - Promotional printing and literature—Contracts.

RCW 15.115.180
Promotional printing and literature—Contracts.
(1) The restrictive provisions of chapter 43.19 RCW do not apply to promotional printing and literature for the commission.
(2) All promotional printing contracts entered into by the commission must be executed and performed under conditions of employment that substantially conform to the laws of this state respecting hours of labor, the minimum wage scale, and the rules and regulations of the department of labor and industries regarding conditions of employment, hours of labor, and minimum wages, and the violation of such a provision of any contract is grounds for cancellation of the contract.
[ 2015 c 225 § 15; 2009 c 33 § 19.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.190 - Handling, accounting, and disbursement of moneys.

RCW 15.115.190
Handling, accounting, and disbursement of moneys.
(1) All money received by the commission from the assessment levied under this chapter and all moneys transferred to the commission under RCW 15.115.130(2) must be deposited in the banks designated by the commission and disbursed by order of the commission. RCW 43.01.050 does not apply to money collected under this chapter.
(2) The commission shall adopt rules or establish policies as it determines necessary to ensure proper accounting and disbursement of moneys received and held by the commission.
[ 2009 c 33 § 20.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.200 - Bond requirements.

RCW 15.115.200
Bond requirements.
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.
[ 2009 c 33 § 21.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.210 - Limitation of liability.

RCW 15.115.210
Limitation of liability.
(1) Obligations incurred by the commission and any other liabilities or claims against the commission are enforceable only against the assets of the commission and, except to the extent of those assets, liability for the debts or actions of the commission does not exist against 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.
(2) 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. A person or employee may not be held individually responsible for any act or omission of any other commission members. The liability of the commission members is several and not joint, and a member is not liable for the default of any other member. This subsection 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.
(3) 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.
[ 2009 c 33 § 22.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.220 - Copies of proceedings, records, and acts of the commission admissible in court as prima facie evidence of the truth of the statements contained therein.

RCW 15.115.220
Copies of proceedings, records, and acts of the commission admissible in court as prima facie evidence of the truth of the statements contained therein.
Copies of the proceedings, records, and acts of the commission, when certified by the chair, are admissible in any court as prima facie evidence of the truth of the statements contained therein.
[ 2009 c 33 § 23.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.230 - Application of RCW 42.56.380—Use of commercial information and records.

RCW 15.115.230
Application of RCW 42.56.380—Use of commercial information and records.
(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 this chapter.
(3) This section 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.
[ 2009 c 33 § 24.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.240 - Commission shall reimburse department for certain costs—Funding of staff support.

RCW 15.115.240
Commission shall reimburse department for certain costs—Funding of staff support.
(1) The commission shall reimburse the department for all costs incurred by the department for actions necessary to carry out this chapter, including the adoption of rules, facilitating or conducting nominations or advisory votes, and the review and approval required under RCW 15.115.150.
(2) The director may provide by rule for a method to fund staff support for all commodity boards or commissions in accordance with RCW 43.23.033 if a position is not directly funded by the legislature and costs are 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.
[ 2009 c 33 § 25.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.250 - Preparation of lists of producers and handlers of wheat and barley.

RCW 15.115.250
Preparation of lists of producers and handlers of wheat and barley.
(1) The commission shall prepare a list of all producers of wheat and a list of all producers of barley, which must include for each producer his or her name and address and the amount, by unit, of wheat or barley produced during the past three years.
(2) The commission shall prepare a list of all persons who handle wheat and all persons who handle barley, which must include for each handler his or her name and address and the amount, by unit, of wheat or barley handled during the past three years.
(3) It is the responsibility of each producer or handler to ensure that his or her correct address is filed with the commodity commission and to submit production data and handling data to the commission as prescribed in this chapter.
(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 must be corrected and brought up-to-date in accordance with evidence and information provided to the commission.
(5) For all purposes of giving notice, conducting advisory votes, and holding referenda, the applicable list corrected up to the day preceding the date the list is certified by the commission is the list of all affected producers entitled to notice or to vote. Inadvertent failure to notify an affected producer does not invalidate a proceeding conducted under this chapter.
(6) At the director's request when conducting a referendum for the commission, the commission shall provide the director a certified list of affected producers from the commission records. The list must include all information required by the director to conduct a referendum under this chapter, must be used to determine assent as provided in this chapter, and must be kept in the rule-making file by the director.
[ 2009 c 33 § 26.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.270 - Collection of assessment—Failure to pay assessment—Civil action—Venue.

RCW 15.115.270
Collection of assessment—Failure to pay assessment—Civil action—Venue.
(1) The collection of the assessment made and levied by the commission must be paid by the producer upon all commercial quantities of wheat and all commercial quantities of barley sold, processed, stored, or delivered for sale, processing, or storage by the producer. However, an assessment may not be levied or collected on wheat or barley grown and used by the producer for feed, seed, or personal consumption.
(2) Handlers including warehouse operators, processors, and feedlots receiving wheat or barley in commercial quantities from producers shall collect the assessment made and levied by the commission from each producer whose production they handle and remit the assessment to the commission on a monthly basis. Affected units of wheat or barley must not be transported, carried, shipped, sold, stored, or otherwise handled or disposed of until every due and payable assessment under this chapter has been paid and the receipt issued, but liability under this chapter does not attach to common carriers in the regular course of their business.
(3) Any due and payable assessment levied under this chapter constitutes a personal debt of every person so assessed or who otherwise owes the assessment, and the assessment is due and payable to the commission on a monthly basis. In the event any person fails to pay the full amount of such an assessment, the commission may add to the unpaid assessment an amount not exceeding ten percent of the unpaid assessment to defray the cost of enforcing the collecting of the unpaid assessment. In the event of failure of the person or persons to pay any due and payable assessment, the commission may bring a civil action against the person or persons in a state court of competent jurisdiction for the collection thereof, together with the additional ten percent, and the action must be tried and judgment rendered as in any other cause of action for debt due and payable. Venue for an action against a person owing a due and payable assessment to the commission is in Spokane county or a county in which the person produces or handles wheat or barley.
[ 2011 c 336 § 417; 2009 c 33 § 28.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.280 - Use of moneys received by the commission under this chapter.

RCW 15.115.280
Use of moneys received by the commission under this chapter.
(1) All moneys collected or otherwise received by the commission under this chapter must be used solely by and for the commission and may not be used for any other commission or the department, except as otherwise provided in this chapter. These moneys must be deposited in accounts in the name of the commission in any bank which is a state depository. All expenses and disbursements incurred and made under this chapter must be paid from moneys collected and received under this chapter without the necessity of a specific legislative appropriation, and all moneys deposited for the account of any order must be paid from the account by check or voucher in the form and in the manner and upon the signature of the person as may be prescribed by the commission. RCW 43.01.050 is not applicable to such an account or any moneys so received, collected, or expended.
(2) The commission shall ensure that the expenditure of assessments collected from wheat producers and moneys transferred from the wheat commission under RCW 15.115.130(2) are used for purposes related to the wheat industry and that the expenditure of assessments collected from barley producers and moneys transferred from the barley commission under RCW 15.115.130(2) are used for purposes related to the barley industry. However, this section does not prevent assessments from wheat, assessments from barley, and moneys transferred from the wheat commission or barley commission under RCW 15.115.130(2) to be combined or used together for activities, projects, and other endeavors that benefit both the wheat and barley industries.
[ 2009 c 33 § 29.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.290 - Investment of funds of the commission.

RCW 15.115.290
Investment of funds of the commission.
(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.
[ 2009 c 33 § 30.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.300 - Proof of eligibility to vote or hold a position on the commission—Records—Inspection by commission—Confidentiality of information—Limitation of section.

RCW 15.115.300
Proof of eligibility to vote or hold a position on the commission—Records—Inspection by commission—Confidentiality of information—Limitation of section.
(1) To prove eligibility to vote or hold a position on the commission, each producer must show records of sales of commercial quantities of wheat or barley sold within the past three years if requested by the commission.
(2) Each handler shall keep a complete and accurate record of all wheat and barley handled.
(3) Handlers' records must be in the form and contain the information as the commission may by rule prescribe, must be preserved for a period of three years, and are subject to inspection at any time upon demand of the commission or its agents.
(4) The commission through its agents may enter and inspect the premises and records of any handler of wheat or barley for the purpose of enforcing this chapter. The commission has the authority to issue subpoenas for the production of books, records, documents, and other writings of any kind from any handler and from any person having, either directly or indirectly, actual or legal control of or over the premises, books, records, documents, or other writings, for the purpose of enforcing this chapter or rules adopted under this chapter.
(5) All information furnished to or acquired by the commission or by an agent of the commission under this section must be kept confidential by all officers, employees, and agents of the commission, except as may be necessary in a suit or other legal proceeding brought by, on behalf of, or against the commission or its employees or agents involving the enforcement of this chapter or rules adopted under this chapter.
(6) This section does not prohibit:
(a) The issuance of general statements based upon the reports of a number of persons subject to this chapter, which statements do not identify the information furnished by any person; or
(b) The publication by the commission or the director of the name of any person violating this chapter or rules adopted under this chapter, together with a statement of the particular provisions and the manner of the violation.
[ 2009 c 33 § 31.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.115 - Washington Grain Commission. › 15.115.310 - Penalties—Injunctions—Referring a violation to the county prosecutor—Jurisdiction.

RCW 15.115.310
Penalties—Injunctions—Referring a violation to the county prosecutor—Jurisdiction.
(1) It is a misdemeanor for any person willfully to:
(a) Violate or aid in the violation of this chapter or rules adopted under this chapter;
(b) Submit a false or fraudulent report, statement, or record required by the director or the commission under this chapter or rules adopted under this chapter; or
(c) Fail or refuse to submit a report, statement, or record required by the director or the commission under this chapter or rules adopted under this chapter.
(2) In the event of a violation or threatened violation of this chapter or rules adopted under this chapter, the director or the commission is entitled to an injunction in a court of competent jurisdiction to prevent further violation and to a decree of specific performance, and to a temporary restraining order and injunction pending litigation.
(3) In the event of a violation or threatened violation of this chapter or rules adopted under this chapter, the director, the commission, or any affected producer on joining the commission may refer the violation to the prosecutor in any county in which the defendant or any defendant resides, or in which the violation was committed, or in which the defendant or any defendant has his or her principal place of business.
(4) The superior courts are hereby vested with jurisdiction to enforce this chapter and the rules of the commission issued under this chapter, and to prevent and restrain violations of this chapter.
[ 2009 c 33 § 32.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.125 - Cannabis and Cannabis Products. › 15.125.010 - Definitions.

RCW 15.125.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the state liquor and cannabis board.
(2) "Licensee facilities" means any premises regulated by the board for producing, processing, or retailing cannabis or cannabis products.
(3) "Cannabis" has the meaning provided in RCW 69.50.101.
(4) "Cannabis processor" has the meaning provided in RCW 69.50.101.
(5) "Cannabis producer" has the meaning provided in RCW 69.50.101.
(6) "Cannabis products" has the meaning provided in RCW 69.50.101.
(7) "Cannabis retailer" has the meaning provided in RCW 69.50.101.
(8) "Person" means any natural person, firm, partnership, association, private or public corporation, governmental entity, or other business entity.
[ 2022 c 16 § 14; 2017 c 317 § 18.]
NOTES:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.125 - Cannabis and Cannabis Products. › 15.125.020 - Rule-making authority.

RCW 15.125.020
Rule-making authority.
(1) The department may adopt rules establishing:
(a) Standards for cannabis and cannabis products produced and processed in a manner consistent with, to the extent practicable, 7 C.F.R. Part 205;
(b) A self-sustaining program for certifying cannabis producers and cannabis processors as meeting the standards established under (a) of this subsection; and
(c) Other rules as necessary for administration of this chapter.
(2) To the extent practicable, the program must be consistent with the program established by the director under chapter 15.86 RCW.
(3) The rules must include a fee schedule that will provide for the recovery of the full cost of the program including, but not limited to, application processing, inspections, sampling and testing, notifications, public awareness programs, and enforcement.
[ 2022 c 16 § 15; 2017 c 317 § 19.]
NOTES:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.125 - Cannabis and Cannabis Products. › 15.125.030 - Cannabis and cannabis products—Production and processing.

RCW 15.125.030
Cannabis and cannabis products—Production and processing.
(1) No cannabis or cannabis product may be labeled, sold, or represented as produced or processed under the standards established under this chapter unless produced or processed by a person certified by the department under the program established under this chapter.
(2) No person may represent, sell, or offer for sale any cannabis or cannabis products as produced or processed under standards adopted under this chapter if the person knows, or has reason to know, that the cannabis or cannabis product has not been produced or processed in conformance with the standards established under this chapter.
(3) No person may represent, sell, or offer for sale any cannabis or cannabis products as "organic products" as that term has meaning under chapter 15.86 RCW.
[ 2022 c 16 § 16; 2017 c 317 § 20.]
NOTES:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.125 - Cannabis and Cannabis Products. › 15.125.040 - Licensee facilities—Department may inspect—Certification—Fines—Enforcement actions.

RCW 15.125.040
Licensee facilities—Department may inspect—Certification—Fines—Enforcement actions.
(1) The department may inspect licensee facilities to verify compliance with this chapter and rules adopted under it.
(2) The department may deny, suspend, or revoke a certification provided for in this chapter if the department determines that an applicant or certified person has violated this chapter or rules adopted under it.
(3) The department may impose on and collect from any person who has violated this chapter or rules adopted under it a civil fine not exceeding the total of:
(a) The state's estimated costs of investigating and taking appropriate administrative and enforcement actions for the violation; and
(b) One thousand dollars.
(4) The board may take enforcement actions against a cannabis producer, cannabis processor, or cannabis retailer license issued by the board, including suspension or revocation of the license, when a licensee continues to violate this chapter after revocation of its certification or, if uncertified, receiving written notice from the department of certification requirements.
(5) The provisions of this chapter are cumulative and nonexclusive and do not affect any other remedy at law.
[ 2022 c 16 § 17; 2017 c 317 § 21.]
NOTES:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.125 - Cannabis and Cannabis Products. › 15.125.050 - Cannabis producer, processor, and retailer information—Exemption from public inspection and copying.

RCW 15.125.050
Cannabis producer, processor, and retailer information—Exemption from public inspection and copying.
Information about cannabis producers, cannabis processors, and cannabis retailers otherwise exempt from public inspection and copying under chapter 42.56 RCW is also exempt from public inspection and copying if submitted to or used by the department.
[ 2022 c 16 § 18; 2017 c 317 § 22.]
NOTES:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.125 - Cannabis and Cannabis Products. › 15.125.060 - Deposit of fees into account within agricultural local fund—Revenue from fees—Appropriation not required for disbursement.

RCW 15.125.060
Deposit of fees into account within agricultural local fund—Revenue from fees—Appropriation not required for disbursement.
All fees collected under this chapter must be deposited in an account within the agricultural local fund. The revenue from the fees must be used solely for carrying out the provisions of this chapter, and no appropriation is required for disbursement from the fund.
[ 2017 c 317 § 23.]
NOTES:
Findings—Application—2017 c 317: See notes following RCW 69.50.325.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.010 - Intent.

RCW 15.130.010
Intent.
The purpose of this chapter is to protect the public from adulteration, misbranding, and false advertisement of food in intrastate commerce. The intent is to promote uniformity with federal law, governmental transparency, and regulatory fairness.
[ 2018 c 236 § 1.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.100 - Federal law reference.

RCW 15.130.100
Federal law reference.
(1) All references to a federal statute in this chapter mean the statute and its implementing regulations existing on June 7, 2018, or the date of such subsequent version as the department may adopt by rule.
(2) Where the referenced federal statute refers to the "secretary," the meaning for the purpose of this chapter is "secretary" or "director."
(3) A reference to a federal statute excludes any matters in the federal statute that are inapplicable to state jurisdiction.
[ 2018 c 236 § 101.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.120 - Department's general powers.

RCW 15.130.120
Department's general powers.
(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.
[ 2018 c 236 § 103.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.130 - Administrative procedure act.

RCW 15.130.130
Administrative procedure act.
Chapter 34.05 RCW governs the administration of this chapter including but not limited to rule making, assessment of civil penalties, orders, emergency actions, and license suspension, revocation, or denial.
[ 2018 c 236 § 104.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.140 - Exemptions.

RCW 15.130.140
Exemptions.
(1) Food in transit from one processing facility to another processing facility to complete its preparation for sale is exempt from the labeling requirements of this chapter, but is otherwise subject to all applicable provisions of this chapter.
(2) This chapter is not applicable to kosher food to the extent necessary to produce kosher food products as defined in RCW 69.90.010.
[ 2018 c 236 § 105.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.150 - Federal food and drug administration information—Public disclosure exemptions.

RCW 15.130.150
Federal food and drug administration information—Public disclosure exemptions.
The following information or records obtained from the federal food and drug administration pursuant to a contract or commissioning agreement is exempt from public inspection and copying under chapter 42.56 RCW to the extent it is exempt from disclosure under 5 U.S.C. Sec. 552, the federal freedom of information act: Trade secrets; confidential commercial information; information under the federal deliberative process privilege; information compiled for law enforcement purposes; and information expressly required to be kept confidential by other federal laws.
[ 2019 c 337 § 2.]
NOTES:
Findings—Intent—2019 c 337: "The legislature finds that the United States food and drug administration has stopped sharing nonpublic information with the Washington state department of agriculture and has indicated that unless the state can protect nonpublic food and drug administration information from disclosure consistent with federal law, the food and drug administration may discontinue future contracts and cooperative agreements with the Washington state department of agriculture for food safety, feed safety, rapid response, and laboratory programs. The legislature further finds that the loss of these contracts and cooperative agreements would result in significant reductions in state food safety funding, staffing, and infrastructure. The loss of certain nonpublic information diminishes the department of agriculture's ability to respond to food-related public health emergencies and degrades the department of agriculture's capacity to support the movement of state agricultural products in interstate and international commerce. The legislature therefore intends to exempt United States food and drug administration nonpublic information from disclosure under the state public disclosure act when the department of agriculture obtains such information or records in the course of a federal contract or commissioning agreement entered into under the authority of chapter 15.130 RCW, the food safety and security act." [ 2019 c 337 § 1.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.200 - Adulterated food prohibited.

RCW 15.130.200
Adulterated food prohibited.
(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.
[ 2018 c 236 § 201.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.210 - Misbranded food prohibited.

RCW 15.130.210
Misbranded food prohibited.
(1) A person may not:
(a) Cause or intend to cause misbranded food in intrastate commerce;
(b) Sell, process, or store misbranded food in intrastate commerce; or
(c) Receive for the purpose of sale in intrastate commerce food known to be misbranded.
(2) Food is misbranded if it is misbranded within the meaning of 21 U.S.C. Sec. 321(n) or 21 U.S.C. Sec. 343, falsely represents its place or origin, or is not labeled and packaged in accordance with department rules.
[ 2018 c 236 § 202.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.220 - False advertisement prohibited.

RCW 15.130.220
False advertisement prohibited.
(1) A person may not disseminate false advertising with respect to food within the state, in any manner or by any means or through any medium.
(2) An advertisement of a food is false if it is false or misleading in any particular or if it is false or misleading within the meaning of 21 U.S.C. Sec. 321(n).
[ 2018 c 236 § 203.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.130 - Food Safety and Security Act. › 15.130.230 - Alteration prohibited.

RCW 15.130.230
Alteration prohibited.
A person may not change, mutilate, destroy, obliterate, or remove any part of food labeling, or do any other act that results in a food being adulterated or misbranded after shipment in intrastate commerce and while the food is held for sale.
[ 2018 c 236 § 204.]