reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.030 - Application for license, contents—Issuance, prerequisites.

RCW 15.30.030
Application for license, contents—Issuance, prerequisites.
Application for a license to operate a controlled atmosphere warehouse shall be on a form prescribed by the director and shall include the following:
(1) The full name of the person applying for the license.
(2) If such applicant is an individual, receiver, trustee, firm, partnership, association, or corporation, the full name of each member of the firm or partnership or the names of the officers of the association or corporation shall be given on the application.
(3) The principal business address of the applicant in the state and elsewhere.
(4) The name of a person domiciled in this state authorized to receive and accept service or legal notices of all kinds.
(5) The storage capacity of each controlled atmosphere storage warehouse the applicant intends to operate by cubic capacity or volume.
(6) The kind of fruits or vegetables for which the applicant intends to provide controlled atmosphere storage.
(7) Any other information prescribed by the director necessary to carry out the purposes and provisions of this chapter.
The director shall issue a license to an applicant upon his or her satisfaction that the applicant has satisfied the requirements of this chapter and rules adopted hereunder and that such applicant has paid the required license fee.
[ 2010 c 8 § 6048; 1961 c 29 § 3.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.040 - Annual license fee.

RCW 15.30.040
Annual license fee.
The application for an annual license to engage in the business of operating a controlled atmosphere storage warehouse or warehouses shall be accompanied by an annual license fee prescribed by the director by rule.
[ 1988 c 254 § 6; 1961 c 29 § 4.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.050 - Enforcement—Rules authorized, procedure.

RCW 15.30.050
Enforcement—Rules authorized, procedure.
The director shall enforce and carry out the provisions of this chapter and may adopt the necessary rules to carry out its purposes. The adoption of rules shall be subject to the provisions of chapter 34.05 RCW, concerning the adoption of rules, as enacted or hereafter amended.
[ 1961 c 29 § 5.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.060 - Rules—Oxygen content, temperature, and time period to be maintained—Classification of fruits, vegetables as controlled atmosphere stored.

RCW 15.30.060
Rules—Oxygen content, temperature, and time period to be maintained—Classification of fruits, vegetables as controlled atmosphere stored.
The director shall adopt rules:
(1) Prescribing the maximum amount of oxygen that may be retained in a sealed controlled atmosphere storage warehouse: PROVIDED, That such maximum amount of oxygen retained shall not exceed five percent when apples are stored in such controlled atmosphere storage warehouse.
(2) Prescribing the period in which the oxygen content shall be reduced to the amount prescribed in subsection (1) of this section: PROVIDED, That such period shall not exceed twenty days when apples are stored in such controlled atmosphere warehouse.
(3) The length of time and the degrees of temperature at which any fruits or vegetables shall be retained in controlled atmosphere storage, before they may be classified as having been stored in controlled atmosphere storage: PROVIDED, That such period shall not be less than forty-five days for Gala and Jonagold varieties and not less than sixty days for other apples.
[ 1999 c 70 § 1; 1994 c 23 § 1; 1967 c 215 § 1; 1961 c 29 § 6.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.070 - License renewal date—Penalty for late renewal, exception.

RCW 15.30.070
License renewal date—Penalty for late renewal, exception.
If an application for renewal of the license provided for in RCW 15.30.020 is not filed prior to September 1st of any one year, a penalty of two dollars and fifty cents shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued: PROVIDED, That such penalty shall not apply if the applicant furnishes an affidavit that he or she has not engaged in the business of operating a controlled atmosphere storage warehouse subsequent to the expiration of his or her prior license.
[ 2010 c 8 § 6049; 1961 c 29 § 7.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.080 - Denial, suspension, revocation of license—Grounds—Hearing required.

RCW 15.30.080
Denial, suspension, revocation of license—Grounds—Hearing required.
The director is authorized to deny, suspend, or revoke the license provided for in RCW 15.30.020 subsequent to a hearing, in any case in which he or she finds that there has been a failure or refusal to comply with the provisions of this chapter or rules adopted hereunder.
[ 2010 c 8 § 6050; 1961 c 29 § 8.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.090 - Denial, suspension, revocation of license—Hearings subject to Administrative Procedure Act.

RCW 15.30.090
Denial, suspension, revocation of license—Hearings subject to Administrative Procedure Act.
All hearings for a denial, suspension, or revocation of the license provided for in RCW 15.30.020 shall be subject to the provisions of chapter 34.05 RCW concerning adjudicative proceedings.
[ 1989 c 175 § 45; 1961 c 29 § 9.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.100 - Subpoenas—Witnesses and fees.

RCW 15.30.100
Subpoenas—Witnesses and fees.
The director may issue subpoenas to compel the attendance of witnesses and/or the production of books, documents and records, anywhere in the state in any hearing affecting the authority or privilege granted by a license issued under the provisions of this chapter. Witnesses shall be entitled to fees for attendance and travel, as provided for in chapter 2.40 RCW, as enacted or hereafter amended.
[ 1961 c 29 § 10.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.110 - Issuance of warehouse number—Use of letters "CA"—Marking containers with letters and number.

RCW 15.30.110
Issuance of warehouse number—Use of letters "CA"—Marking containers with letters and number.
The director when issuing a license to an applicant shall include a warehouse number which shall be preceded by the letters "CA". If the applicant in applying for a license includes a request for a specific warehouse number, the director shall issue such number to the applicant if such number has not been issued to a prior applicant. The letters "CA" and the number issued as provided in this section shall be marked in a manner provided by the director on all containers in which fruits or vegetables subject to the provisions of this chapter are placed or packed.
[ 1961 c 29 § 11.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.120 - Licensee to make daily determination of air components—Record, form, contents.

RCW 15.30.120
Licensee to make daily determination of air components—Record, form, contents.
The licensee shall make air component determinations as to the percentage of carbon dioxide, oxygen and temperature at least once each day. A record of such determinations shall be kept on a form prescribed by the director for a period of two years and shall include the following:
(1) The name and address of the licensee.
(2) The number of the warehouse and the storage capacity of the warehouse.
(3) The date of sealing of the warehouse.
(4) Date of opening of the warehouse.
(5) A daily record of the date and time of the tests, including the percentage of carbon dioxide, percentage of oxygen and the temperature.
[ 1961 c 29 § 12.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.130 - Identity of fruit and vegetables to be maintained by CA number and inspection number to retail market.

RCW 15.30.130
Identity of fruit and vegetables to be maintained by CA number and inspection number to retail market.
The identity of any fruits or vegetables represented as having been stored in a room or warehouse subject to the provisions of this chapter shall be maintained, by the CA number issued to the licensee in whose warehouse such fruits and vegetables were stored and the state lot inspection number issued by the director for such fruits or vegetables, from the time it leaves such warehouse through the various channels of trade and transportation to the retailer.
[ 1961 c 29 § 13.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.140 - Maturity and condition standards may be higher than for fruit and vegetables not subject to chapter.

RCW 15.30.140
Maturity and condition standards may be higher than for fruit and vegetables not subject to chapter.
The director may by rule establish condition and maturity standards for fruits or vegetables subject to the provisions of this chapter which may be higher than maturity and condition standards established for similar grades or classifications of such fruits or vegetables which are not subject to the provisions of this chapter.
[ 1961 c 29 § 14.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.150 - Minimum condition and maturity standards for apples.

RCW 15.30.150
Minimum condition and maturity standards for apples.
Minimum condition and maturity standards for apples subject to the provisions of this chapter shall be the U.S. condition and maturity standards for export as provided in 7 Code of Federal Regulations 51.317 on February 21, 1961: PROVIDED, That the director may adopt any subsequent amendment to such U.S. condition and maturity standards for export prescribed by the secretary of agriculture of the United States.
[ 1961 c 29 § 15.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.160 - Inspection, certification prior to using "CA" or similar designation—Eradication required, when.

RCW 15.30.160
Inspection, certification prior to using "CA" or similar designation—Eradication required, when.
No person in this state shall place or stamp the letters "CA" or a similar designation in conjunction with a number or numbers upon any container or subcontainer of any fruits or vegetables, unless the director has inspected such fruits or vegetables and issued a state lot number for such fruits or vegetables in conjunction with a certificate stating their quality and condition, that they were stored in a warehouse licensed under the provisions of this chapter and that they meet all other requirements of this chapter or rules adopted hereunder: PROVIDED, That if such fruits or vegetables are not allowed to enter the channels of commerce within two weeks of such inspection or a subsequent similar inspection by the director the letters "CA" and the state lot number shall be eradicated by the licensee.
[ 1961 c 29 § 16.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.170 - Inspection, certification may be requested by financially interested person.

RCW 15.30.170
Inspection, certification may be requested by financially interested person.
Any person financially interested in any fruits or vegetables subject to the provisions of this chapter may apply to the director for inspection and certification as to whether such fruits or vegetables meet the requirements provided for in this chapter or rules adopted hereunder.
[ 1961 c 29 § 17.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.180 - Fees for inspection and certification.

RCW 15.30.180
Fees for inspection and certification.
The director shall prescribe the necessary fees to be charged to the licensee or owner for the inspection and certification of any fruits or vegetables subject to the provisions of this chapter or rules adopted hereunder. The fees provided for in this section shall become due and payable by the end of the next business day and if such fees are not paid within the prescribed time, the director may withdraw inspection or refuse to perform any inspection or certification services for the person in arrears: PROVIDED, That the director in such instances may demand and collect inspection and certification fees prior to inspecting and certifying any fruits or vegetables for such person.
[ 1961 c 29 § 18.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.190 - Certificate as evidence.

RCW 15.30.190
Certificate as evidence.
Every inspection certificate issued by the director under the provisions of this chapter shall be received in all courts of the state as prima facie evidence of the statement therein.
[ 1961 c 29 § 19.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.200 - Disposition of fees.

RCW 15.30.200
Disposition of fees.
All moneys collected under the provisions of this chapter for the inspection and certification of any fruits or vegetables subject to the provisions of this chapter shall be handled and deposited in the manner provided for in chapter 15.17 RCW, as enacted or hereafter amended, for the handling of inspection and certification fees derived for the inspection of any fruits and vegetables.
[ 2011 c 103 § 2; 1961 c 29 § 20.]
NOTES:
Purpose—2011 c 103: See note following RCW 15.26.120.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.210 - Unlawful sales, acts, or use of words "controlled atmosphere storage" and terms of similar import.

RCW 15.30.210
Unlawful sales, acts, or use of words "controlled atmosphere storage" and terms of similar import.
It shall be unlawful for any person to sell, offer for sale, hold for sale, or transport for sale any fruits or vegetables represented as having been exposed to "controlled atmosphere storage" or to use any such term or form of words or symbols of similar import unless such fruits or vegetables have been stored in controlled atmosphere storage which meets the requirements of this chapter or rules adopted hereunder.
[ 1961 c 29 § 21.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.220 - Injunctions authorized.

RCW 15.30.220
Injunctions authorized.
The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any rule adopted pursuant to this chapter in the superior court in the county in which such violation occurs or is about to occur, notwithstanding the existence of any other remedies at law.
[ 1961 c 29 § 22.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.230 - Chapter cumulative and nonexclusive.

RCW 15.30.230
Chapter cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1961 c 29 § 23.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.240 - Prior civil or criminal liability not affected.

RCW 15.30.240
Prior civil or criminal liability not affected.
The enactment of this chapter shall not have the effects of terminating, or in any way modifying any liability, civil or criminal, which shall already be in existence on February 21, 1961.
[ 1961 c 29 § 24.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.250 - Penalties for violating chapter.

RCW 15.30.250
Penalties for violating chapter.
(1) Except as provided in subsection (2) of this section, any person violating the provisions of this chapter or rules adopted hereunder is guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a previous conviction shall be considered a first offense.
[ 2003 c 53 § 106; 1961 c 29 § 25.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.260 - Cooperation, agreements with other governmental agencies.

RCW 15.30.260
Cooperation, agreements with other governmental agencies.
The director may cooperate with and enter into agreements with governmental agencies of this state, other states and agencies of federal government in order to carry out the purpose and provisions of this chapter.
[ 1961 c 29 § 26.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.30 - Controlled Atmosphere Storage of Fruits and Vegetables. › 15.30.900 - Fruits and vegetables in storage prior to enactment of chapter.

RCW 15.30.900
Fruits and vegetables in storage prior to enactment of chapter.
Any fruits or vegetables now in controlled atmosphere storage and removed after February 21, 1961 may be marked, shipped, represented and sold as having been exposed to controlled atmosphere storage if such fruits and vegetables meet the requirements of this chapter and the rules and regulations adopted hereunder.
[ 1961 c 29 § 28.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.010 - Short title.

RCW 15.35.010
Short title.
This chapter may be known and cited as the Washington state milk pooling act to provide for equitable pricing and pooling among producers and processors of milk and milk products.
[ 1993 c 345 § 1; 1971 ex.s. c 230 § 1.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.030 - Declaration of public interest.

RCW 15.35.030
Declaration of public interest.
It is hereby declared that:
(1) Milk is a necessary article of food for human consumption;
(2) The production, distribution, and maintenance of an adequate supply of healthful milk of proper chemical and physical content, free from contamination, is vital to the public health and welfare;
(3) It is the policy of the state to promote, foster, and encourage the intelligent production and orderly marketing of adequate supplies of pure and wholesome milk and milk products necessary to its citizens, to promote competitive prices, and to eliminate economic waste, destructive trade practices, and improper accounting for milk purchased from producers;
(4) Economic factors concerning the production, marketing, and sale of milk in the state may not be accurately reflected in federal programs;
(5) Conditions within the milk industry of this state are such that it may be necessary to establish marketing areas wherein pricing and pooling arrangements between producers are necessary, and for that purpose the director shall have the administrative authority, with such additional duties as are herein prescribed, after investigations and public hearings, to prescribe such marketing areas and modify the same when advisable or necessary.
[ 1993 c 345 § 2; 1991 c 239 § 1; 1971 ex.s. c 230 § 3.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.060 - Purposes.

RCW 15.35.060
Purposes.
The purposes of this chapter are to:
(1) Authorize and enable the director to prescribe marketing areas and to establish pricing and pooling arrangements which are necessary to prevent disorderly marketing of milk due to varying factors of costs of production, health regulations, transportation, and other factors in said marketing areas of this state;
(2) Authorize and enable the director to formulate marketing plans subject to the provisions of this chapter, in accordance with chapter 34.05 RCW, which provide for pricing and pooling arrangements and declare such plans in effect for any marketing area;
(3) Provide funds for administration and enforcement of this chapter by assessments to be paid by producers.
[ 1993 c 345 § 3; 1991 c 239 § 2; 1971 ex.s. c 230 § 6.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.070 - Powers conferred to be liberally construed—Monopoly—Price setting.

RCW 15.35.070
Powers conferred to be liberally construed—Monopoly—Price setting.
It is the intent of the legislature that the powers conferred in this chapter shall be liberally construed. Nothing in this chapter shall be construed as permitting or authorizing the development of conditions of monopoly in the production or distribution of milk, nor shall this chapter give the director authority to establish wholesale or retail prices for processed milk products.
[ 1993 c 345 § 5; 1991 c 239 § 3; 1971 ex.s. c 230 § 7.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.080 - Definitions.

RCW 15.35.080
Definitions.
For the purposes of this chapter:
(1) "Department" means the department of agriculture of the state of Washington;
(2) "Director" means the director of the department or the director's duly appointed representative;
(3) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent, or employee thereof. This term shall import either the singular or plural as the case may be;
(4) "Market" or "marketing area" means any geographical area within the state or another state comprising one or more counties or parts thereof, where marketing conditions are substantially similar and which may be designated by the director as one marketing area;
(5) "Milk" means all fluid milk from cows as defined in chapter 15.36 RCW and rules adopted under chapter 15.36 RCW;
(6) "Milk products" includes any product manufactured from milk or any derivative or product of milk;
(7) "Milk dealer" means any person engaged in the handling of milk in his or her capacity as the operator of a milk plant, as that term is defined in chapter 15.36 RCW and rules adopted under chapter 15.36 RCW:
(a) Who receives milk in an unprocessed state from dairy farms, and who processes milk into milk or milk products; and
(b) Whose milk plant is located within the state or from whose milk plant milk or milk products that are produced at least in part from milk from producers are disposed of to any place or establishment within a marketing area;
(8) "Producer" means a person producing milk within this state for sale under a grade A milk permit issued by the department under the provisions of chapter 15.36 RCW or, if the director so provides by rule, a person who markets to a milk dealer milk produced under a grade A permit issued by another state;
(9) "Classification" means the classification of milk into classes according to its utilization by the department;
(10) The terms "plan," "market area and pooling arrangement," "market area pooling plan," "market area and pooling plan," "market pool," and "market plan" all have the same meaning;
(11) "Producer-dealer" means a producer who engages in the production of milk and also operates a plant from which an average of more than three hundred pounds daily of milk products, except filled milk, is sold within the marketing area and who has been so designated by the director. A state institution which processes and distributes milk of its own production shall be considered a producer-dealer for purposes of this chapter, but the director may by rule exempt such state institutions from any of the requirements otherwise applicable to producer-dealers.
[ 1994 c 143 § 509; 1993 c 345 § 4; 1992 c 58 § 1; 1991 c 239 § 4; 1971 ex.s. c 230 § 8.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.090 - Milk control between states.

RCW 15.35.090
Milk control between states.
(1) The director shall in carrying out the provisions of this chapter and any marketing plan thereunder confer with the legally constituted authorities of other states of the United States, and the United States department of agriculture, for the purpose of seeking uniformity of milk control with respect to milk coming in to the state and going out of the state in interstate commerce with a view to accomplishing the purposes of this chapter, and may enter into a compact or compacts which will insure a uniform system of milk control between this state and other states.
(2) In order to facilitate carrying out the provisions and purposes of this chapter, the department may hold joint hearings with authorized officers or agencies of other states who have duties and powers similar to those of the department or with any authorized person designated by the United States department of agriculture, and may enter into joint agreements with such authorized state or federal agencies for exchange of information with regard to prices paid to producers for milk moving from one state to the other or any purpose to carry out and enforce this chapter.
[ 1991 c 239 § 5; 1971 ex.s. c 230 § 9.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.100 - Director's authority—Subpoena power—Rules.

RCW 15.35.100
Director's authority—Subpoena power—Rules.
Subject to the provisions of this chapter, the director is hereby vested with the authority:
(1) To investigate all matters pertaining to the production, processing, storage, transportation, and distribution of milk and milk products in the state, and shall have the authority to:
(a) Establish classifications of processed milk and milk products, and a minimum price or a formula to determine a minimum price to be paid by milk dealers for milk used to produce each such class of products;
(b) Require that payment be made by dealers to producers of fluid milk or their cooperative associations and prescribe the method and time of such payments by dealers to producers or their cooperative associations in accordance with a marketing plan for milk;
(c) Determine what constitutes a natural milk market area;
(d) Establish quota systems within marketing plans, and to determine by using uniform rules, what portion of the milk produced by each producer shall be assigned to each quota classification;
(e) Provide for the pooling of minimum class values from the sales of each class of milk to milk dealers, and the equalization of returns to producers;
(f) Provide and establish market pools for a designated market area with such rules as the director may adopt;
(g) Employ an executive officer, who shall be known as the milk pooling administrator;
(h) Employ such persons or contract with such entities as may be necessary and incur all expenses necessary to carry out the purposes of this chapter;
(i) Determine by rule, what portion of any increase in the available quotas shall be assigned to new producers or existing producers.
(2) To issue subpoenas to compel the attendance of witnesses and/or the production of books, documents, and records anywhere in the state in any hearing affecting the authority of privileges granted by a license issued under the provisions of this chapter. Witnesses shall be entitled to fees for attendance and travel as provided for in chapter 2.40 RCW.
(3) To make, adopt, and enforce all rules necessary to carry out the purposes and policies of this chapter subject to the provisions of chapter 34.05 RCW concerning the adoption of rules. Nothing contained in this chapter shall be construed to abrogate or affect the status, force, or operation of any provision of the public health laws enacted by the state or any municipal corporation or the public service laws of this state.
[ 1993 c 345 § 6; 1991 c 239 § 6; 1971 ex.s. c 230 § 10.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.105 - Minimum milk price—Competition from outside the marketing area.

RCW 15.35.105
Minimum milk price—Competition from outside the marketing area.
(1) In establishing a minimum milk price or a formula to determine a minimum milk price, as provided under RCW 15.35.060 and 15.35.100, the director shall, in addition to other appropriate criteria, consider the:
(a) Cost of producing fluid milk for human consumption;
(b) Transportation costs;
(c) Milk prices in states or regions outside of the state that influence prices within the marketing areas;
(d) Demand for fluid milk for human consumption;
(e) Alternative enterprises available to producers; and
(f) Economic impact on milk dealers.
(2) A milk dealer who believes that actual competition from outside the marketing area is having a significant economic impact on that milk dealer, may petition the director for a public hearing on an expedited basis to consider whether the minimum milk price in the market plan should be changed relative to the milk price to a competitor located outside the state plus transportation costs for that competitor to compete with the petitioning milk dealer.
(a) To be considered, the petition must identify the specific action requested, and must be accompanied by a statement summarizing the facts and evidence that would be provided at a public hearing by or on behalf of the petitioner to support the need for the requested action, including an identification of circumstances that have changed since the last rule-making proceeding at which the minimum price was established.
(b) Within twenty-one days of receiving the petition, the director shall either:
(i) Adopt rules on an emergency basis, in accordance with RCW 34.05.350;
(ii) File, and distribute to all milk dealers and other interested parties, notice that a hearing will be held within sixty days of receiving the petition;
(iii) Advise the petitioner in writing that the request for rule making is denied, and explain the reasons for the denial; or
(iv) Advise the petitioner in writing that the petition provides insufficient information from which to find that rule making should be initiated, and request that the petition be resubmitted with additional information.
(c) Except as otherwise specifically provided in this section, this petition must be handled in accordance with RCW 34.05.330, and the rule-making procedures of chapter 34.05 RCW.
(3) The director may adopt rules of practice or procedure with respect to the proceedings.
[ 1993 c 345 § 7; 1991 c 239 § 7.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.120 - Qualifications for producers to sign petitions or vote in referendums.

RCW 15.35.120
Qualifications for producers to sign petitions or vote in referendums.
(1) The producers qualified to sign a petition, or to vote in any referendum concerning a market pool, shall be all those producers shipping milk to the market area on a regular supply basis and who would or do receive or pay equalization in an existing market pool in a market area, or in a market pool if established in such market area.
(2) The milk dealers qualified to vote in any referendum establishing a market pool shall be all those milk dealers who operate a plant which is located within the state and who would receive milk priced under a market pool if established in such market area.
(3) The director is authorized during business hours to review the books and records of milk dealers to obtain a list of the producers qualified to sign petitions or to vote in referendums and to verify that such milk dealers are qualified to vote in a referendum.
[ 1991 c 239 § 9; 1971 ex.s. c 230 § 12.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.130 - Form of producer petitions.

RCW 15.35.130
Form of producer petitions.
Petitions filed with the director by producers shall:
(1) Consist of one or more pages, each of which is dated at the bottom. The date shall be inserted on each sheet prior to, or at the time the first signature is obtained on each sheet. The director shall not accept a sheet on which such date is more than sixty days, prior to the time it is filed with the director. After a petition is filed, additional pages may be filed if time limits have not expired.
(2) Contain wording at the top of each page which clearly explains to each person whose signature appears thereon the meaning and intent of the petition. Such wording shall also clearly indicate to the director if it is in reference to a request for public hearing, exactly what matters are to be studied and desired. Similar information must be directed to the director if the matter relates to a referendum. The director has the authority to clarify wording from a petition before making it a part of a referendum.
No informalities or technicalities in the conduct of a referendum, or in any matters relating thereto, shall invalidate any referendum if it is fairly and reasonably conducted by the director.
[ 1971 ex.s. c 230 § 13.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.140 - Director to establish systems within market areas.

RCW 15.35.140
Director to establish systems within market areas.
(1) The director shall establish a system of classifying, pricing, and pooling of all milk used in each market area established under RCW 15.35.110.
(2) Thereafter the director may establish a system in each market area for the equalization of returns for all quota milk and all surplus over quota milk whereby all producers selling milk to milk dealers or delivering milk in such market area, or their cooperative associations, will receive the same prices for all quota milk and all surplus over quota milk, except that any premium paid to a producer by a dealer above established prices shall not be considered in determining average pool prices. Such prices may reflect adjustments based on the value of component parts of each producer's milk.
[ 1991 c 239 § 10; 1971 ex.s. c 230 § 14.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.150 - Determination of quota.

RCW 15.35.150
Determination of quota.
(1) Under a market pool and as used in this section, "quota" means a producer's or producer-dealer's portion of the total sales of milk in a market area in fluid form or, in the director's discretion, in other forms.
(2) The director may in each market area subject to a market plan establish each producer's and each producer-dealer's initial quota in the market area. Such initial quotas shall be determined by the department after due notice and the opportunity for a hearing as provided in chapter 34.05 RCW. In making this determination, consideration shall be given to a history of the producer's production record. In no case shall a producer-dealer receive as a quota an amount which is less than his or her fluid milk sales for the reference period used by the director in determining quotas for other producers.
In any system of establishing quotas, provision shall be made for new producers to qualify for allocation of quota in a reasonable proportion and for old and new producers to participate in any new increase in available quota in a reasonable proportion. The director may establish a method to proportionately decrease quota allocations in the event decreases in milk usage occur.
All subsequent changes or new quotas issued shall be determined by the department after due notice and the opportunity for a hearing as provided in chapter 34.05 RCW.
[ 1993 c 345 § 10; 1992 c 58 § 5; 1991 c 239 § 11; 1971 ex.s. c 230 § 15.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.160 - Contracts, rights and powers of associations not affected.

RCW 15.35.160
Contracts, rights and powers of associations not affected.
No provision of this chapter shall be deemed or construed to:
(1) Affect or impair the contracts of any such cooperative association with its members or other producers marketing their milk through such corporation;
(2) Impair or affect any contract which any such cooperative association has with milk dealers or others which are not in violation of this chapter;
(3) Affect or abridge the rights and powers of any such cooperative association conferred by the laws of this state under which it is incorporated.
[ 1971 ex.s. c 230 § 16.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.170 - Quotas—Transfer of—Limitations.

RCW 15.35.170
Quotas—Transfer of—Limitations.
Quotas provided for in this chapter may not in any way be transferred without the consent of the director. Regulations regarding transfer of quotas shall be determined by the department after due notice and the opportunity for a hearing as provided in chapter 34.05 RCW. Any contract for the transfer of quotas, unless the transfer has previously been approved by the director, shall be null and void. The director shall make rules and regulations to preclude any person from using a corporation as a device to evade the provisions of this section. The quotas assigned to any producer shall become null and void as of any time the producer does not own the means of production to which the quotas pertain. Quotas shall in no event be considered as property and may be taken or abolished by the state without compensation.
[ 1991 c 239 § 12; 1971 ex.s. c 230 § 17.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.180 - Records of milk dealers and cooperatives, inspection and audit of.

RCW 15.35.180
Records of milk dealers and cooperatives, inspection and audit of.
The director shall examine and audit not less than one time each year or at any other such time the director considers necessary, the books and records, and may photostat such books, records, and accounts of milk dealers and cooperatives licensed or believed subject to license under this chapter for the purpose of determining:
(1) How payments to producers for the milk handled are computed and whether the amount of such payments are in accordance with the applicable marketing plan;
(2) If any provisions of this chapter affecting such payments directly or indirectly have been or are being violated.
No person shall in any way hinder or delay the director in conducting such examination.
The director may accept and use for the purposes of this section any audit made for or by a federal milk market order administrator which provides the information necessary for such purposes.
[ 1991 c 239 § 13; 1971 ex.s. c 230 § 18.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.190 - Records necessary for milk dealers.

RCW 15.35.190
Records necessary for milk dealers.
All milk dealers subject to the provisions of this chapter shall keep the records as deemed necessary by the director.
[ 1971 ex.s. c 230 § 19.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.200 - Verified reports of milk dealers.

RCW 15.35.200
Verified reports of milk dealers.
Each milk dealer subject to the provisions of this chapter shall from time to time, as required by rule of the director, make and file a verified report, on forms prescribed by the director, of all matters on account for which a record is required to be kept, together with such other information or facts as may be pertinent and material within the scope of the purpose of this chapter. Such reports shall cover a period specified in the order, and shall be filed within a time fixed by the director.
[ 1971 ex.s. c 230 § 20.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.210 - Milk dealer license—Required.

RCW 15.35.210
Milk dealer license—Required.
It shall be unlawful for any milk dealer subject to the provisions of a marketing plan to handle milk subject to the provisions of such marketing plan without first obtaining an annual license from the director for each separate place of business where such milk is received or sold. Such license shall be in addition to any other license required by the laws of this state: PROVIDED, That the provisions of this section shall not become effective for a period of sixty days subsequent to the inception of a marketing plan in any marketing area prescribed by the director.
[ 1971 ex.s. c 230 § 21.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.220 - Milk dealer license—Application for—Contents.

RCW 15.35.220
Milk dealer license—Application for—Contents.
Application for a license to act as a milk dealer shall be on a form prescribed by the director and shall contain, but not be limited to, the following:
(1) The nature of the business to be conducted;
(2) The full name and address of the person applying for the license if an individual; and if a partnership, the full name and address of each member thereof; and if a corporation, the full name and address of each officer and director;
(3) The complete address at which the business is to be conducted;
(4) Facts showing that the applicant has adequate personnel and facilities to properly conduct the business of a milk dealer;
(5) Facts showing that the applicant has complied with all the rules prescribed by the director under the provisions of this chapter;
(6) Any other reasonable information the director may require.
[ 1971 ex.s. c 230 § 22.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.230 - Milk dealer license—Fees—Additional assessment for late renewal.

RCW 15.35.230
Milk dealer license—Fees—Additional assessment for late renewal.
(1) Application for each milk dealer's license shall be accompanied by an annual license fee to be established by the director by rule.
(2) If an application for the renewal of a milk dealer's license is not filed on or before the first day of an annual licensing period a late fee of up to one-half of the license fee shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued: PROVIDED, That such additional assessment shall not apply if the applicant furnishes an affidavit that the applicant has not acted as a milk dealer subsequent to the expiration of his or her prior license.
[ 1991 c 239 § 14; 1971 ex.s. c 230 § 23.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.250 - Marketing assessment on producers—Additional assessment for milk testing—Penalty—Court action.

RCW 15.35.250
Marketing assessment on producers—Additional assessment for milk testing—Penalty—Court action.
(1) There is hereby levied upon all milk sold or received in any marketing area subject to a marketing plan established under the provisions of this chapter an assessment, not to exceed five cents per one hundred pounds of all such milk, to be paid by the producer of such milk. Such assessment shall be collected by the first milk dealer who receives or handles such milk from any producer or his or her agent subject to such marketing plan and shall be paid to the director for deposit into the agricultural local fund.
The amount to be assessed and paid to the director under any marketing plan shall be determined by the director within the limits prescribed by this subsection and shall be determined according to the necessities required to carry out the purpose and provisions of this chapter under any such marketing plan.
(2) In the event a producer's milk dealer does not provide milk testing in a state-certified laboratory, the director may levy an additional assessment on all such milk, not to exceed three cents per one hundred pounds of milk, to be paid by the producer of such milk. Such assessment shall be collected by the first milk dealer who receives or handles such milk from any producer or the producer's agent subject to the marketing plan and shall be paid to the director for deposit into the agricultural local fund. Moneys from such assessments shall be used to provide testing of the milk in a state-certified laboratory.
The amount to be assessed and paid to the director under this subsection shall be determined by the director within the limits prescribed by this subsection.
(3) Upon the failure of any dealer to withhold out of amounts due to or to become due to a producer at the time a dealer is notified by the director of the amounts to be withheld and upon failure of such dealer to pay such amounts, the director subject to the provisions of RCW 15.35.260, may revoke the license of the dealer required by RCW 15.35.230. The director may commence an action against the dealer in a court of competent jurisdiction in the county in which the dealer resides or has his principal place of business to collect such amounts. If it is determined upon such action that the dealer has wrongfully refused to pay the amounts the dealer shall be required to pay, in addition to such amounts, all the costs and disbursements of the action, to the director as determined by the court. If the director's contention in such action is not sustained, the director shall pay to the dealer all costs and disbursements of the action as determined by the court.
[ 1993 c 345 § 11; 1991 c 239 § 15; 1971 ex.s. c 230 § 25.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.260 - Records and reports of licensees for assessment purposes.

RCW 15.35.260
Records and reports of licensees for assessment purposes.
Each licensee, in addition to other records required under the provisions of this chapter, shall keep such records and make such reports as the director may require for the purpose of computing payments of assessments by such licensee.
[ 1971 ex.s. c 230 § 26.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.270 - Assessment due date.

RCW 15.35.270
Assessment due date.
All assessments on milk subject to the provisions of this chapter and a marketing order shall be paid to the director on or before the twentieth day of the succeeding month for the milk which was received or handled in the previous month.
[ 1971 ex.s. c 230 § 27.]