reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.180 - Denial, suspension, revocation of licenses, probationary orders—Findings and conclusions—Record.

RCW 20.01.180
Denial, suspension, revocation of licenses, probationary orders—Findings and conclusions—Record.
The director shall hear and determine the charges, make findings and conclusions upon the evidence produced, and file them in his or her office, together with a record of all of the evidence, and serve upon the accused a copy of such findings and conclusions.
[ 2011 c 336 § 576; 1959 c 139 § 18.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.190 - Denial, suspension, revocation of licenses, probationary orders—Final action in writing—Appeal to superior court.

RCW 20.01.190
Denial, suspension, revocation of licenses, probationary orders—Final action in writing—Appeal to superior court.
The revocation, suspension or denial of a license, or the issuance of conditional or probationary orders, shall be in writing signed by the director, stating the grounds upon which such order is based and the aggrieved person shall have the right to appeal from such order within fifteen days after a copy thereof is served upon him or her, to the superior court of Thurston county or the county in which the hearing was held. A copy of such findings shall be mailed to the licensee's surety. In such appeal the entire record shall be certified by the director to the court, and the review on appeal shall be confined to the evidence adduced at the hearing before the director.
[ 2011 c 336 § 577; 1959 c 139 § 19.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.200 - Denial, suspension, revocation of licenses, probationary orders—Appellate review.

RCW 20.01.200
Denial, suspension, revocation of licenses, probationary orders—Appellate review.
Appellate review of the judgment of the superior court may be sought as provided in other civil cases.
[ 1988 c 202 § 24; 1971 c 81 § 66; 1959 c 139 § 20.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.205 - License suspension—Noncompliance with support order—Reissuance.

RCW 20.01.205
License suspension—Noncompliance with support order—Reissuance.
The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[ 2011 c 103 § 22; 1997 c 58 § 855.]
NOTES:
Purpose—2011 c 103: See note following RCW 15.26.120.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.211 - Alternative bonding provision for certain dealers.

RCW 20.01.211
Alternative bonding provision for certain dealers.
(1) In lieu of the bonding provision required by RCW 20.01.210, any dealer who buys, agrees to buy, or pays for the production or increase of any agricultural product by paying to the consignor at the time of obtaining possession or control of any agricultural product the full agreed price of the agricultural product may file a bond in an amount equal to the dealer's maximum monthly purchases, divided by twelve, but the minimum bond under this section shall be no less than ten thousand dollars.
(2) Any dealer using the bonding provisions of this section shall file an affidavit with the director that sets forth the dealer's maximum monthly purchases from or payments to consignors. The affidavit shall be filed at the time of application and with each renewal.
(3) Any dealer bonded under this section who is found to be in violation of this chapter shall be required to comply with the bonding requirements of RCW 20.01.210 for a minimum of two years.
[ 2003 c 395 § 4; 1983 c 305 § 5; 1977 ex.s. c 304 § 16.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.212 - Livestock dealers bonded under federal law.

RCW 20.01.212
Livestock dealers bonded under federal law.
If an applicant for a commission merchant's and/or dealer's license is bonded as a livestock dealer or packer under the provisions of the packers and stockyards act of 1921 (7 U.S.C. 181), as amended, on June 13, 1963, and acts as a commission merchant, packer, and/or a dealer only in livestock as defined in said packers and stockyards act of 1921 (7 U.S.C. 181), the director may accept such bond in lieu of the bond required in RCW 20.01.210 as good and sufficient and issue the applicant a license limited solely to dealing in livestock. A dealer buying and selling livestock who has furnished a bond as required by the packers and stockyards administration to cover acting as order buyer as well as dealer may also act as an order buyer for others under the provisions of this chapter, and all persons who act as order buyers of livestock shall license under this chapter as a livestock dealer: PROVIDED, That the applicant shall furnish the director with a bond approved by the United States secretary of agriculture. Such bond shall be in a minimum amount of ten thousand dollars. It shall be a violation for the licensee to act as a commission merchant and/or dealer in any other agricultural commodity without first having notified the director and furnishing him or her with a bond as required under the provisions of RCW 20.01.210, and failure to furnish the director with such bond shall be cause for the immediate suspension of the licensee's license, and revocation subject to a hearing.
[ 2011 c 336 § 578; 1991 c 109 § 19; 1977 ex.s. c 304 § 7; 1971 ex.s. c 182 § 9; 1963 c 232 § 6.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.214 - Appeal from rejected bond claim.

RCW 20.01.214
Appeal from rejected bond claim.
Upon any bond claim being denied by the director the claimant must appeal such action to the superior court in the county where this claimant resides in this state or Thurston county, within sixty days after receipt of written notice of such rejection or such rejection shall become final and binding upon the claimant.
[ 1971 ex.s. c 182 § 10; 1963 c 232 § 7.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.220 - Action on bond for fraud.

RCW 20.01.220
Action on bond for fraud.
Any consignor of an agricultural product claiming to be injured by the fraud of any commission merchant and/or dealer or their agents may bring action upon said bond against principal, surety, and agent in any court of competent jurisdiction to recover the damages caused by such fraud. Any consignor undertaking such an action shall name the director as a party.
[ 1986 c 178 § 10; 1982 c 194 § 4; 1959 c 139 § 22.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.230 - Action on bond for failure to comply with chapter.

RCW 20.01.230
Action on bond for failure to comply with chapter.
The director or any consignor of an agricultural product may also bring action upon said bond against both principal and surety in any court of competent jurisdiction to recover the damages caused by any failure to comply with the provisions of this chapter or the rules adopted hereunder. Any consignor undertaking such an action shall name the director as a party.
[ 1986 c 178 § 11; 1959 c 139 § 23.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.240 - Claims against commission merchant, dealer.

RCW 20.01.240
Claims against commission merchant, dealer.
(1) Any consignor who believes he or she has a valid claim against the bond of a commission merchant or dealer shall file a claim with the director.
(2) In the case of a claim against the bond of a commission merchant or dealer in hay or straw, default occurs when the licensee fails to make payment within thirty days of the date the licensee took possession of the hay or straw or at a date agreed to by both the consignor and commission merchant or dealer in written contract. In the case of a claim against a limited dealer in hay or straw, default occurs when the licensee fails to make payment upon taking possession of the hay or straw.
(3) Upon the filing of a claim under this subsection against any commission merchant or dealer handling any agricultural product, the director may, after investigation, proceed to ascertain the names and addresses of all consignor creditors of such commission merchant and dealer, together with the amounts due and owing to them by such commission merchant and dealer, and shall request all such consignor creditors to file a verified statement of their respective claims with the director. Such request shall be addressed to each known consignor creditor at his or her last known address.
(4) For claims against a bond that have been filed by consignors prior to the sixty-day deadline established in RCW 20.01.250, the director shall investigate the claims and, within thirty days of verifying the claims, demand payment for the valid claims by the licensee's surety. The director shall distribute the proceeds of the valid bond claims to the claimants on a pro rata basis within the limits of the claims and the availability of the bond proceeds. If a claim is filed after the sixty-day deadline established in RCW 20.01.250, the director may investigate the claim and may demand payment for a valid claim. The director shall distribute the proceeds of any such payment made by the surety to the claimant on a first-to-file, first-to-be-paid basis within the limits of the claim and the availability of any bond proceeds remaining after the pro rata distribution. All distributions made by the director under this subsection are subject to RCW 20.01.260.
[ 2011 c 336 § 579; 2003 c 395 § 5; 1986 c 178 § 12; 1959 c 139 § 24.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.250 - Failure of consignor to file claim, time limitation.

RCW 20.01.250
Failure of consignor to file claim, time limitation.
If a consignor creditor so addressed fails, refuses or neglects to file in the office of the director his or her verified claim as requested by the director within sixty days from the date of such request, the director shall thereupon be relieved of further duty or action hereunder on behalf of said consignor creditor.
[ 2011 c 336 § 580; 1959 c 139 § 25.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.260 - Director not liable if circumstances prevent ascertainment of creditors—Demand on bond.

RCW 20.01.260
Director not liable if circumstances prevent ascertainment of creditors—Demand on bond.
Where by reason of the absence of records, or other circumstances making it impossible or unreasonable for the director to ascertain the names and addresses of all said consignor creditors, the director after exerting due diligence and making reasonable inquiry to secure said information from all reasonable and available sources, may make demand on said bond on the basis of information then in his or her possession, and thereafter shall not be liable or responsible for claims or the handling of claims which may subsequently appear or be discovered.
[ 2011 c 336 § 581; 1959 c 139 § 26.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.270 - Demand on bond after claims ascertained—Power of director to settle, compromise.

RCW 20.01.270
Demand on bond after claims ascertained—Power of director to settle, compromise.
Upon ascertaining all claims and statements in the manner herein set forth, the director may then make demand upon the bond on behalf of those claimants whose statements have been filed, and shall have the power to settle or compromise said claims with the surety company on the bond, and is empowered in such cases to execute and deliver a release and discharge of the bond involved.
[ 1959 c 139 § 27.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.280 - Action on bond after refusal to pay—New bond, failure to file.

RCW 20.01.280
Action on bond after refusal to pay—New bond, failure to file.
Upon the refusal of the surety company to pay the demand the director may thereupon bring an action on the bond in behalf of said consignor creditors. Upon any action being commenced on said bond the director may require the filing of a new bond and immediately upon the recovery in any action on such bond such commission merchant and/or dealer shall file a new bond and upon failure to file the same within ten days in either case such failure shall constitute grounds for the suspension or revocation of his or her license.
[ 2011 c 336 § 582; 1959 c 139 § 28.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.300 - Verified complaints of consignor—Investigations.

RCW 20.01.300
Verified complaints of consignor—Investigations.
For the purpose of enforcing the provisions of this chapter the director is authorized to receive verified complaints from any consignor against any commission merchant, dealer, broker, cash buyer, or agent or any person, assuming or attempting to act as such, and upon receipt of such verified complaint shall have full authority to make any and all necessary investigations relative to the said complaint.
[ 1959 c 139 § 30.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.310 - Oaths, testimony, witnesses, subpoenas—Contempt proceedings—Records as evidence.

RCW 20.01.310
Oaths, testimony, witnesses, subpoenas—Contempt proceedings—Records as evidence.
The director or his or her authorized agents are empowered to administer oaths of verification on said complaints. He or she shall have full authority to administer oaths and take testimony thereunder, to issue subpoenas in the manner prescribed in RCW 20.01.170 requiring attendance of witnesses before him or her, together with all books, memoranda, papers, and other documents, articles, or instruments; to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation, and all parties disobeying the orders or subpoenas of said director shall be guilty of contempt and shall be certified to the superior court of the state for punishment for such contempt. Copies of records, audits and reports of audits, inspection certificates, certified reports, findings, and all papers on file in the office of the director shall be prima facie evidence of the matters therein contained, and may be admitted into evidence in any hearing provided in this chapter.
[ 2011 c 336 § 583; 1959 c 139 § 31.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.320 - Investigations, examinations, inspections—Search warrants—Subpoenas.

RCW 20.01.320
Investigations, examinations, inspections—Search warrants—Subpoenas.
The director on his or her own motion or upon the verified complaint of any interested party may investigate, examine, or inspect (1) any transaction involving solicitation, receipt, sale, or attempted sale of agricultural products by any person or persons acting or assuming to act as a commission merchant, dealer, broker, cash buyer, or agent; (2) the failure to make proper and true account of sales and settlement thereof as required under this chapter or rules adopted under this chapter; (3) the intentional making of false statements as to conditions and quantity of any agricultural products received or in storage; (4) the intentional making of false statements as to market conditions; (5) the failure to make payment for products within the time required by this chapter; (6) any and all other injurious transactions. In furtherance of such an investigation, examination, or inspection, the director or an authorized representative may examine that portion of the ledgers, books, accounts, memoranda and other documents, agricultural products, scales, measures, and other articles and things used in connection with the business of the person relating to the transactions involved. For the purpose of the investigation the director shall at all times have free and unimpeded access to all buildings, yards, warehouses, storage, and transportation facilities or any other place where agricultural products are kept, stored, handled, or transported. If the director is denied access, the director may apply to any court of competent jurisdiction for a search warrant authorizing access to the premises and records. The court may upon the application issue the search warrant for the purposes requested. The director may also, for the purpose of the investigation, issue subpoenas to compel the attendance of witnesses, as provided in RCW 20.01.170, or the production of books or documents, anywhere in the state.
[ 2003 c 395 § 6; 1959 c 139 § 32.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.340 - Denial, revocation, suspension of licenses, probationary orders—Previous violations as grounds.

RCW 20.01.340
Denial, revocation, suspension of licenses, probationary orders—Previous violations as grounds.
Previous violation by the applicant or licensee, or by any person connected with him or her, of any of the provisions of this chapter and/or rules and regulations adopted hereunder, shall be good and sufficient ground for denial, suspension or revocation of a license, or the issuance of a conditional or probationary order.
[ 2011 c 336 § 585; 1959 c 139 § 34.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.350 - Denial, revocation, suspension of licenses, probationary orders—Hearing, investigation—Findings required—Notices.

RCW 20.01.350
Denial, revocation, suspension of licenses, probationary orders—Hearing, investigation—Findings required—Notices.
The director, after hearing or investigation, may refuse to grant a license or renewal thereof and may revoke or suspend any license or issue a conditional or probationary order, as the case may require, when he or she is satisfied that the licensee has executory or executed contracts for the purchase of agricultural products, or for the handling of agricultural products on consignment.
In such cases, if the director is satisfied that to permit the dealer or commission merchant to continue to purchase or to receive further shipments or deliveries of agricultural products would be likely to cause serious and irreparable loss to said consignor-creditors, or to consignors with whom the said dealer or commission merchant has said contracts, then the director within his or her discretion may thereupon and forthwith shorten the time herein provided for hearing upon an order to show cause why the license of said dealer or commission merchant should not be forthwith suspended, or revoked: PROVIDED, That the time of notice of said hearing, shall in no event be less than twenty-four hours, and the director shall, within that period, call a hearing at which the dealer or commission merchant proceeded against shall be ordered to show cause why the license should not be suspended, or revoked, or continued under such conditions and provisions, if any, as the director may consider just and proper and for the protection of the best interests of the producer-creditors involved. Said hearing, in the case of such emergency, may be called upon written notice, said notice to be served personally or by mail on the dealer or commission merchant involved, and may be held at the nearest office of the director or at such place as may be most convenient at the discretion of the director, for the attendance of all parties involved.
[ 2011 c 336 § 586; 1959 c 139 § 35.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.360 - Order of revocation, suspension.

RCW 20.01.360
Order of revocation, suspension.
Any order revoking or suspending a license may, within the discretion of the director, be made conditional upon the settlement, adjustment or satisfaction of the consequence of the violation or violations as specified, and the operation of such an order may be deferred for such purpose. Any such order may contain provisions for modification or dismissal thereof upon presentation to the director of evidence that the matter of complaint has been settled, adjusted or withdrawn at any time before such order becomes final.
[ 1959 c 139 § 36.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.380 - Dealers, cash buyers, livestock dealers—Recordkeeping—Carrying identification and health documents.

RCW 20.01.380
Dealers, cash buyers, livestock dealers—Recordkeeping—Carrying identification and health documents.
Every dealer or cash buyer purchasing any agricultural products from the consignor thereof shall promptly make and keep for three years a correct record showing in detail the following:
(1) The name and address of the consignor.
(2) The date received.
(3) The terms of the sale.
(4) The quality and quantity delivered by the consignor, and where applicable the dockage, tare, grade, size, net weight, or quantity.
(5) An itemized statement of any charges paid by the dealer or cash buyer for the account of the consignor.
(6) The name and address of the purchaser: PROVIDED, That the name and address of the purchaser may be deleted from the record furnished to the consignor.
A copy of such record containing the above matters shall be forwarded to the consignor forthwith.
Livestock dealers must also maintain individual animal identification and disposition records as may be required by law, or rule adopted by the director.
Livestock dealers must carry animal identification and animal health documents as required by chapters 16.36 and 16.57 RCW and rules adopted by the director under those chapters.
[ 2007 c 71 § 7; 1991 c 109 § 21; 1989 c 354 § 42; 1988 c 254 § 17; 1981 c 296 § 33; 1963 c 232 § 4; 1959 c 139 § 38.]
NOTES:
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1981 c 296: See note following RCW 15.08.010.
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.385 - Failure to comply—Construction of transaction.

RCW 20.01.385
Failure to comply—Construction of transaction.
Whenever a commission merchant or dealer handling any agricultural products fails to carry out the provisions of RCW 20.01.370 as now or hereafter amended or RCW 20.01.380, whichever is applicable, it shall be prima facie evidence that the transaction involving the handling of any agricultural products between the consignor and the commission merchant or dealer was either a commission type transaction, or dealer transaction constituting an outright sale by the consignor, whichever is most favorable to the consignor. Such determination in favor of the consignor shall be based on the market price of the agricultural product in question at the time the complaint is filed against said commission merchant or dealer by the consignor: PROVIDED, That if the return to the consignor is determined most favorably on a commission basis, the total commission shall not exceed ten percent, and all other charges for handling the agricultural product in question shall be figured on the basis of the actual cost of said handling.
[ 1977 ex.s. c 304 § 10; 1974 ex.s. c 102 § 7; 1967 c 240 § 42.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.390 - When dealer must pay for products delivered to him or her.

RCW 20.01.390
When dealer must pay for products delivered to him or her.
(1) Every dealer must pay for agricultural products, except livestock, delivered to him or her at the time and in the manner specified in the contract with the producer, but if no time is set by such contract, or at the time of said delivery, then within thirty days from the delivery or taking possession of such agricultural products.
(2) Every dealer must pay for livestock delivered to him or her at the time and in the manner specified in the contract, but if no time is set by such contract, or at the time of said delivery, then within seven days from the delivery or taking possession of such livestock. Where payment for livestock is made by mail, payment is timely if mailed within seven days of the date of sale.
[ 2011 c 336 § 587; 1982 c 20 § 2; 1959 c 139 § 39.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.400 - Broker's memorandum of sale.

RCW 20.01.400
Broker's memorandum of sale.
Every broker, upon negotiating the sale of agricultural products, shall issue to both buyer and seller a written memorandum of sale, showing price, date of delivery, quality, and other details concerned in the transaction. A copy of this memorandum shall be retained by the broker for a period of one year.
[ 1959 c 139 § 40.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.410 - Manifest of cargo—Bill of lading.

RCW 20.01.410
Manifest of cargo—Bill of lading.
(1) A copy of a manifest of cargo, on a form prescribed by the director, shall be carried on any vehicle transporting agricultural products purchased by a dealer or cash buyer, or consigned to a commission merchant from the consignor thereof when prescribed by the director. A bill of lading may be carried in lieu of a manifest of cargo for an agricultural product other than hay or straw.
(2) Except as provided in subsection (3) of this section, the commission merchant, dealer, or cash buyer of agricultural products shall issue a copy of the manifest or bill of lading to the consignor of the agricultural products and the original shall be retained by the licensee for a period of three years during which time it shall be surrendered upon request to the director. The manifest of cargo is valid only when signed by the licensee or his or her agent and the consignor or his or her authorized representative of the agricultural products.
(3) The commission merchant or dealer of hay or straw shall issue a copy of a manifest to the consignor. The original copy shall be retained by the commission merchant or dealer for a period of three years during which time it shall be surrendered upon request to the director. The manifest of cargo is valid only when signed by the licensee or his or her agent and the consignor or his or her authorized representative of hay or straw.
(4) Manifest forms will be provided to licensees at the actual cost for the manifests plus necessary handling costs incurred by the department.
[ 2003 c 395 § 7; 1971 ex.s. c 182 § 12; 1959 c 139 § 41.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.420 - Commission merchant's report of sale to consignor.

RCW 20.01.420
Commission merchant's report of sale to consignor.
When requested by a consignor, a commission merchant shall promptly make available to the consignor or to the director all records of the ongoing sales of the consignor's agricultural products showing the amount sold, the selling price, and any other information required under RCW 20.01.370.
[ 1991 c 109 § 22; 1959 c 139 § 42.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.430 - Commission merchant's remittance to consignor.

RCW 20.01.430
Commission merchant's remittance to consignor.
Every commission merchant shall remit to the consignor of any agricultural product the full price for which such agricultural product was sold within thirty days of the date of sale, or in the case of livestock within seven days of the date of sale unless otherwise mutually agreed between grower and commission merchant. The remittance to the consignor shall include all collections, overcharges, and damages, less the agreed commission and other charges and advances, and a complete account of the sale. Where payment for livestock is made by mail, payment is timely if mailed within seven days of the date of sale unless otherwise specified in an agreement between the producer and the dealer in livestock.
[ 1982 c 20 § 3; 1977 ex.s. c 304 § 11; 1974 ex.s. c 102 § 9; 1959 c 139 § 43.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.440 - Commission merchant's copy of records to be retained—Inspection—Department's certificate of condition, quality, etc.

RCW 20.01.440
Commission merchant's copy of records to be retained—Inspection—Department's certificate of condition, quality, etc.
Every commission merchant shall retain a copy of all records covering each transaction for a period of three years from the date thereof, which copy shall at all times be available for, and open to, the confidential inspection of the director and the consignor, or authorized representative of either. In the event of any dispute or disagreement between a consignor and a commission merchant arising at the time of delivery as to condition, quality, grade, pack, quantity, or weight of any lot, shipment, or consignment of agricultural products, the department shall furnish, upon the payment of a reasonable fee therefor by the requesting party, a certificate establishing the condition, quality, grade, pack, quantity, or weight of such lot, shipment, or consignment. Such certificate shall be prima facie evidence in all courts of this state as to the recitals thereof. The burden of proof shall be upon the commission merchant to prove the correctness of his or her accounting as to any transaction which may be questioned.
[ 2011 c 336 § 588; 1991 c 109 § 23; 1959 c 139 § 44.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.450 - Claims against seller by dealer, cash buyer—Credit to dealer, cash buyer against consignor—Certificate of proof.

RCW 20.01.450
Claims against seller by dealer, cash buyer—Credit to dealer, cash buyer against consignor—Certificate of proof.
No claim may be made as against the seller of agricultural products by a dealer or cash buyer under this chapter, and no credit may be allowed to such dealer or cash buyer as against a consignor of agricultural products by reason of damage to, or loss, dumping, or disposal of agricultural products sold to said dealer or cash buyer, in any payment, accounting or settlement made by said dealer or cash buyer to said consignor, unless said dealer or cash buyer has secured and is in possession of a certificate, issued by an agricultural inspector, county health officer, director, a duly authorized officer of the state department of social and health services, or by some other official now or hereafter authorized by law, to the effect that the agricultural products involved have been damaged, dumped, destroyed or otherwise disposed of as unfit for the purpose intended. Such certificate will not be valid as proof of proper claim, credit or offset unless issued within twenty-four hours, or a reasonable time as prescribed by the director, of the receipt by the dealer or cash buyer of the agricultural products involved.
[ 1979 c 141 § 33; 1959 c 139 § 45.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.460 - Prohibited acts—Penalties.

RCW 20.01.460
Prohibited acts—Penalties.
(1) Any person who violates the provisions of this chapter or fails to comply with the rules adopted under this chapter is guilty of a gross misdemeanor, except as provided in subsections (2) through (4) of this section.
(2) Any commission merchant, dealer, or cash buyer, or any person assuming or attempting to act as a commission merchant, dealer, or cash buyer without a license is guilty of a class C felony who:
(a) Imposes false charges for handling or services in connection with agricultural products.
(b) Makes fictitious sales or is guilty of collusion to defraud the consignor.
(c) Intentionally makes false statement or statements as to the grade, conditions, markings, quality, or quantity of goods shipped or packed in any manner.
(d) With the intent to defraud the consignor, fails to comply with the requirements set forth under RCW * 20.01.010(10), 20.01.390, or 20.01.430.
(3) Any person who violates the provisions of RCW 20.01.040, 20.01.080, 20.01.120, 20.01.125, 20.01.410, or 20.01.610 has committed a civil infraction.
(4) Unlawful issuance of a check or draft may be prosecuted under RCW 9A.56.060.
[ 2003 c 395 § 8; 1989 c 354 § 43; 1988 c 254 § 19; 1986 c 178 § 13; 1982 c 20 § 4; 1959 c 139 § 46.]
NOTES:
*Reviser's note: RCW 20.01.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (10) to subsection (4).
Severability—1989 c 354: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.465 - Time of sale requirement—Unlawful practice.

RCW 20.01.465
Time of sale requirement—Unlawful practice.
(1) In the preparation and use of written contracts, it is unlawful for a commission merchant to include in such contracts a requirement that a consignor give up all involvement in determining the time the consignor's agricultural products will be sold.
(2) Subsection (1) of this section does not apply to agricultural products consigned to a commission merchant under a written pooling agreement.
(3) Subsection (1) of this section does not apply to seeds consigned to a commission merchant.
[ 2004 c 212 § 3; 1991 c 109 § 24.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.470 - Action to enjoin violation of chapter.

RCW 20.01.470
Action to enjoin violation of chapter.
The director may bring an action to enjoin the violation or the threatened violation of any provision of this chapter or of any order made pursuant to this chapter in the superior court in the county in which such violation occurs or is about to occur.
[ 1959 c 139 § 47.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.475 - Licensee under chapter—Prima facie evidence acting as licensee handling agricultural products.

RCW 20.01.475
Licensee under chapter—Prima facie evidence acting as licensee handling agricultural products.
It shall be prima facie evidence that a licensee licensed under the provisions of this chapter is acting as such in the handling of any agricultural product.
[ 2011 c 103 § 40; 1971 ex.s. c 182 § 13; 1967 c 240 § 43.]
NOTES:
Purpose—2011 c 103: See note following RCW 15.26.120.
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.480 - Violations resulting in improper or nonpayment—Charges.

RCW 20.01.480
Violations resulting in improper or nonpayment—Charges.
When a violation has occurred which results in improper payment or nonpayment and a claim is made to the department and the payment is secured through the actions of the department, the charges made to the consignor for the action of the department in the matter will depend upon the delay of reporting after such improper payment or nonpayment would normally become obvious to the consignor as follows:
(1) When reported within thirty days, no charge.
(2) When reported thirty days to one hundred eighty days, five percent.
(3) When reported after one hundred eighty days, ten percent.
[ 1977 ex.s. c 304 § 13; 1971 ex.s. c 182 § 14.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.482 - Civil infractions—Notice—Misdemeanors.

RCW 20.01.482
Civil infractions—Notice—Misdemeanors.
(1) The director shall have the authority to issue a notice of civil infraction if an infraction is committed in his or her presence or, if after investigation, the director has reasonable cause to believe an infraction has been committed.
(2) It is a misdemeanor for any person to refuse to properly identify himself or herself for the purpose of issuance of a notice of infraction.
(3) Any person willfully failing to respond to a notice of infraction is guilty of a misdemeanor regardless of the disposition of the notice of infraction.
[ 2006 c 270 § 10; 2004 c 43 § 3; 2003 c 53 § 161; 1986 c 178 § 1.]
NOTES:
Effective date—2004 c 43: See note following RCW 7.80.150.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.484 - Civil infractions—Response to notice.

RCW 20.01.484
Civil infractions—Response to notice.
(1) Any person who receives a notice of infraction shall respond to such notice as provided in this section within fifteen days of the date of the notice.
(2) Any employee or agent of a licensee under this chapter is fully authorized to accept a notice of infraction on behalf of the licensee. The director shall also furnish a copy of the notice of infraction to the licensee by certified mail within five days of issuance.
(3) If the person determined to have committed the infraction does not contest the determination, that person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response, which does not contest the determination, is received, an appropriate order shall be entered into the courts record and a record of the response shall be furnished to the director.
(4) If a person determined to have committed the infraction wishes to contest the determination, that person shall respond by completing the portion of the notice of the infraction requesting a hearing and submitted either by mail or in person to the court specified in the notice. The court shall notify the person in writing of the time, place, and the date of the hearing which shall not be sooner than fifteen days from the date of the notice, except by agreement.
(5) If the person determined to have committed the infraction does not contest the determination, but wishes to explain mitigating circumstances surrounding the infraction, the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it either by mail or in person to the court specified in the notice. The court shall notify the person in writing of the time, place and date of the hearing.
(6) If a person issued a notice of infraction fails to respond to the notice of infraction or fails to appear at the hearing requested pursuant to this section, the court shall enter an appropriate order in assessing the monetary penalty prescribed in the schedule of penalties submitted to the court by the director and shall notify the director of the failure to respond to the notice of infraction or to appear at a requested hearing.
[ 1986 c 178 § 2.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.486 - Civil infractions—Hearing to contest charge—Order—Appeal.

RCW 20.01.486
Civil infractions—Hearing to contest charge—Order—Appeal.
A hearing held for the purpose of contesting the determination that an infraction has been committed shall be held without jury. The court may consider the notice of infraction and any other written report submitted by the director. The person named in the notice may subpoena witnesses and has the right to present evidence and examine witnesses present in court. The burden of proof is upon the state to establish the commission of the infraction by preponderance of evidence.
After consideration of the evidence and argument, the court shall determine whether the infraction was committed. Where it is not established that the infraction was committed, an order dismissing the notice shall be entered in the court's record. When it is established that the infraction was committed, an appropriate order shall be entered in the court's record, a copy of which shall be furnished to the director. Appeal from the court's determination or order shall be to the superior court and must be appealed within ten days. The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the rules of appellate procedure.
[ 1986 c 178 § 3.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.488 - Civil infractions—Informal hearing on mitigating circumstances—Order—No appeal.

RCW 20.01.488
Civil infractions—Informal hearing on mitigating circumstances—Order—No appeal.
A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person named in the notice may not subpoena witnesses. The determination that the infraction has been committed may not be contested at a hearing held for the purpose of explaining circumstances. After the court has heard the explanation of the circumstances surrounding the commission of the infraction, an appropriate order shall be entered in the court's record. A copy of the order shall be furnished to the director. There may be no appeal from the court's determination or order.
[ 1986 c 178 § 4.]
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.490 - Civil infractions—Monetary penalty—Failure to pay, misdemeanor.

RCW 20.01.490
Civil infractions—Monetary penalty—Failure to pay, misdemeanor.
(1) Any person found to have committed a civil infraction under this chapter shall be assessed a monetary penalty. No monetary penalty so assessed may exceed five thousand dollars. The director shall adopt a schedule of monetary penalties for each violation of this chapter classified as a civil infraction and shall submit the schedule to the proper courts. Whenever a monetary penalty is imposed by the court, the penalty is immediately due and payable. The court may, at its discretion, grant an extension of time, not to exceed thirty days, in which the penalty must be paid.
(2) Failure to pay any monetary penalties imposed under this chapter is a misdemeanor.
[ 2003 c 395 § 9; 2003 c 53 § 162; 1986 c 178 § 5.]
NOTES:
Reviser's note: This section was amended by 2003 c 53 § 162 and by 2003 c 395 § 9, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 20 - Commission Merchants—Agricultural Products › Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents. › 20.01.500 - "Grower," "processor" defined—Application of exemption contained in RCW 20.01.030(1).

RCW 20.01.500
"Grower," "processor" defined—Application of exemption contained in RCW 20.01.030(1).
Notwithstanding any other provision of law, for the purposes of RCW 20.01.510 through 20.01.550 the term "grower" and the term "processor" shall have the meanings ascribed thereto by this section:
(1) "Grower" means any person, firm, company, or other organization that is engaged in the production of agricultural crops which must be planted, cultivated, and harvested within a twelve-month period.
(2)(a) "Processor" means any person, firm, company, or other organization that purchases agricultural crops from a grower and who cans, freezes, dries, dehydrates, cooks, presses, powders, or otherwise processes such crops in any manner whatsoever for eventual resale.
(b) The exemption provided for in RCW 20.01.030(1) shall not apply to a cooperative or association as defined therein, which acts as a processor defined herein, and markets such agricultural crops on behalf of the grower or on its own behalf.
[ 1977 ex.s. c 304 § 14; 1971 ex.s. c 182 § 15.]