reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.170 - Rights and duties of warehouse operator—Special disposition of commodities under written order.

RCW 22.09.170
Rights and duties of warehouse operator—Special disposition of commodities under written order.
If the owner of the commodity or his or her authorized agent gives or furnishes to a licensed warehouse operator a written instruction or order, and if the order is properly made a part of the warehouse operator's records and is available for departmental inspection, then the warehouse operator:
(1) May receive the commodity for the purpose of processing or conditioning;
(2) May receive the commodity for the purpose of shipping by the warehouse operator for the account of the depositor;
(3) May accept an agricultural commodity delivered as seed and handle it pursuant to the terms of a contract with the depositor and the contract shall be considered written instructions pursuant to this section.
[ 2011 c 336 § 611; 1983 c 305 § 32; 1963 c 124 § 17.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.175 - Presumptions regarding commodities—Approval of contracts.

RCW 22.09.175
Presumptions regarding commodities—Approval of contracts.
(1) A commodity deposited with a warehouse operator without a written agreement for sale of the commodity to the warehouse operator shall be handled and considered to be a commodity in storage.
(2) A presumption is hereby created that in all written agreements for the sale of commodities, the intent of the parties is that title and ownership to the commodities shall pass on the date of payment therefor. This presumption may only be rebutted by a clear statement to the contrary in the agreement.
(3) Any warehouse operator or grain dealer entering into a deferred price contract with a depositor shall first have the form of the contract approved by the director. The director shall adopt rules setting forth the standards for approval of the contracts.
[ 2011 c 336 § 612; 1983 c 305 § 33.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.180 - Rights and duties of licensees—Records, contents—Itemized charges.

RCW 22.09.180
Rights and duties of licensees—Records, contents—Itemized charges.
(1) The licensee shall maintain complete records at all times with respect to all agricultural commodities handled, stored, shipped, or merchandised by him or her, including commodities owned by him or her. The department shall adopt rules specifying the minimum recordkeeping requirements necessary to comply with this section.
(2) The licensee shall maintain an itemized statement of any charges paid by the depositor.
[ 2011 c 336 § 613; 1983 c 305 § 34; 1975 1st ex.s. c 7 § 24; 1963 c 124 § 18.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.190 - Rights and duties of warehouse operator—Rebates, preferences, etc., prohibited.

RCW 22.09.190
Rights and duties of warehouse operator—Rebates, preferences, etc., prohibited.
No warehouse operator subject to the provisions of this chapter may:
(1) Directly or indirectly, by any special charge, rebate, drawback, or other device, demand, collect, or receive from any person a greater or lesser compensation for any service rendered or to be rendered in the handling, conditioning, storage, or shipment of any commodity than he or she demands, collects, or receives from any other person for doing for him or her a like and contemporaneous service in the handling, conditioning, storage, or shipment of any commodity under substantially similar circumstances or conditions;
(2) Make or give any undue or unreasonable preference or advantage to any person in any respect whatsoever;
(3) Subject any particular person to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.
[ 2011 c 336 § 614; 1983 c 305 § 35; 1963 c 124 § 19.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.195 - Rights and duties of warehouse operator—RCW 22.09.190 inapplicable to contracts with governmental agencies.

RCW 22.09.195
Rights and duties of warehouse operator—RCW 22.09.190 inapplicable to contracts with governmental agencies.
RCW 22.09.190 does not apply to contracts entered into with a governmental agency, state or federal, for the handling, conditioning, storage, or shipping of agricultural commodities.
[ 1983 c 305 § 36; 1979 ex.s. c 238 § 24.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.200 - Rights and duties of licensees—Reports to department.

RCW 22.09.200
Rights and duties of licensees—Reports to department.
Each licensee shall report information to the department at such times and as may be reasonably required by the department for the necessary enforcement and supervision of a sound, reasonable, and efficient commodity inspection program for the protection of depositors of commodities and for persons or agencies who deal in commodities.
[ 1983 c 305 § 37; 1963 c 124 § 20.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.220 - Rights and duties of licensees—Premises, construction and maintenance.

RCW 22.09.220
Rights and duties of licensees—Premises, construction and maintenance.
A warehouse or station shall be constructed and maintained in a manner adequate to carry out the provisions of this chapter.
[ 1963 c 124 § 22.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.230 - Rights and duties of warehouse licensees—Signs—Use of "Washington Bonded Warehouse."

RCW 22.09.230
Rights and duties of warehouse licensees—Signs—Use of "Washington Bonded Warehouse."
Every warehouse licensee shall post at or near the main entrance to each of his or her warehouses a sign as prescribed by the department which shall include the words "Washington Bonded Warehouse." It is unlawful to display such sign or any sign of similar appearance or bearing the same words, or words of similar import, when the warehouse is not licensed and bonded under this chapter.
[ 2011 c 336 § 615; 1983 c 305 § 39; 1963 c 124 § 23.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.240 - Rights and duties of warehouse operator—Schedule of rates—Posting—Revision.

RCW 22.09.240
Rights and duties of warehouse operator—Schedule of rates—Posting—Revision.
Every warehouse operator shall annually, during the first week in July, publish by posting in a conspicuous place in each of his or her warehouses the schedule of handling, conditioning, and storage rates filed with the department for the ensuing license year. The schedule shall be kept posted, and the rates shall not be changed during such year except after thirty days' written notice to the director and proper posting of the changes on the licensee's premises.
[ 2011 c 336 § 616; 1991 c 109 § 29; 1983 c 305 § 40; 1963 c 124 § 24.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.250 - Rights and duties of warehouse operator—Unlawful practices.

RCW 22.09.250
Rights and duties of warehouse operator—Unlawful practices.
It is unlawful for a warehouse operator to:
(1) Issue a warehouse receipt for any commodity that he or she does not have in his or her warehouse at the time the receipt is issued;
(2) Issue warehouse receipts in excess of the amount of the commodities held in the licensee's warehouse to cover the receipt;
(3) Remove, deliver, direct, assist, or permit any person to remove, or deliver any commodity from any warehouse for which warehouse receipts have been issued and are outstanding without receiving and canceling the warehouse receipt issued therefor;
(4) Sell, encumber, ship, transfer, or in any manner remove or permit to be shipped, transferred, or removed from a warehouse any commodity received by him or her for deposit, handling, conditioning, or shipment, for which scale weight tickets have been issued without the written approval of the holder of the scale weight ticket and such transfer shall be shown on the individual depositor's account and the inventory records of the warehouse operator;
(5) Remove, deliver, direct, assist, or permit any person to deliver, or remove any commodities from any warehouse, whereby the amount of any fairly representative grade or class of any commodity in the warehouses of the licensee is reduced below the amount for which warehouse receipts or scale weight tickets for the particular commodity are outstanding;
(6) Issue a warehouse receipt showing a grade or description different from the grade or description of the commodity delivered;
(7) Issue a warehouse receipt or scale weight ticket that exceeds the amount of the actual quantity of commodities delivered for storage;
(8) Fail to deliver commodities pursuant to RCW 22.09.150 upon demand of the depositor;
(9) Knowingly accept for storage any commodity destined for human consumption that has been contaminated with an agricultural pesticide or filth rendering it unfit for human consumption, if the commodities are commingled with any uncontaminated commodity;
(10) Terminate storage of a commodity in his or her warehouse without giving thirty days' written notice to the depositor.
[ 2011 c 336 § 617; 1983 c 305 § 41; 1963 c 124 § 25.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.260 - Deposit of commodities unfit for human consumption—Notice.

RCW 22.09.260
Deposit of commodities unfit for human consumption—Notice.
No depositor may knowingly deliver for handling, conditioning, storage, or shipment any commodity treated with an agricultural pesticide or contaminated with filth rendering it unfit for human consumption without first notifying the warehouse operator.
[ 2011 c 336 § 618; 1983 c 305 § 42; 1963 c 124 § 26.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.290 - Warehouse receipts—Required terms.

RCW 22.09.290
Warehouse receipts—Required terms.
(1) Every warehouse receipt issued for commodities covered by this chapter shall embody within its written or printed terms:
(a) The grade of the commodities as described by the official standards of this state, unless the identity of the commodity is in fact preserved in a special pile or special bin, and an identifying mark of such pile or bin shall appear on the face of the receipt and on the pile or bin. A commodity in a special pile or bin shall not be removed or relocated without canceling the outstanding receipt and issuing a new receipt showing the change;
(b) Such other terms and conditions as required by Article 7 of Title 62A RCW: PROVIDED, That nothing contained therein requires a receipt issued for wheat to specifically state the variety of wheat by name;
(c) A clause reserving for the warehouse operator the optional right to terminate storage upon thirty days' written notice to the depositor and collect outstanding charges against any lot of commodities after June 30th following the date of the receipt.
(2) Warehouse receipts issued under the United States warehouse act (7 USCA § 241 et seq.) are deemed to fulfill the requirements of this chapter so far as it pertains to the issuance of warehouse receipts.
[ 2011 c 336 § 619; 1989 c 354 § 46; 1983 c 305 § 43; 1979 ex.s. c 238 § 19; 1963 c 124 § 29.]
NOTES:
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.300 - Warehouse receipts—Forms, numbering, printing, bond—Compliance with Article 7 of Title 62A RCW—Confiscation.

RCW 22.09.300
Warehouse receipts—Forms, numbering, printing, bond—Compliance with Article 7 of Title 62A RCW—Confiscation.
(1) All warehouse receipts issued under this chapter shall be upon forms prescribed by the department and supplied only to licensed warehouse operators at cost of printing, packing, and shipping, as determined by the department. They shall contain the state number of such license and shall be numbered serially for each state number and the original negotiable receipts shall bear the state seal. Requests for such receipts shall be on forms furnished by the department and shall be accompanied by payment to cover cost: PROVIDED, That the department by order may allow a warehouse operator to have his or her individual warehouse receipts printed, after the form of the receipt is approved as in compliance with this chapter, and the warehouse operator's printer shall supply an affidavit stating the amount of receipts printed, numbers thereof: PROVIDED FURTHER, That the warehouse operator must supply a bond in an amount fixed by the department and not to exceed five thousand dollars to cover any loss resulting from the unlawful use of any such receipts.
(2) All warehouse receipts shall comply with the provisions of Article 7 of Title 62A RCW as enacted or hereafter amended, except as to the variety of wheat as set forth in RCW 22.09.290(1)(b) herein, and with the provisions of this chapter where not inconsistent or in conflict with Article 7 of Title 62A RCW. All receipts remaining unused shall be confiscated by the department if the license required herein is not promptly renewed or is suspended, revoked, or canceled.
[ 2011 c 336 § 620; 1979 ex.s. c 238 § 20; 1963 c 124 § 30.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.310 - Warehouse receipts—Dealing in unauthorized receipts prohibited—Penalty.

RCW 22.09.310
Warehouse receipts—Dealing in unauthorized receipts prohibited—Penalty.
Any person, or any agent or servant of that person, or any officer of a corporation who prints, binds, or delivers warehouse receipt forms, except on an order or requisition signed by the director, or who uses such forms knowing that they were not so printed, bound, or delivered is guilty of a class C felony and is punishable as provided in chapter 9A.20 RCW.
[ 1983 c 305 § 44; 1963 c 124 § 31.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.320 - Warehouse receipts—Lost or destroyed receipts.

RCW 22.09.320
Warehouse receipts—Lost or destroyed receipts.
In case any warehouse receipt issued by a licensee shall be lost or destroyed, the owner thereof shall be entitled to a duplicate receipt from the licensee upon executing and delivering to the warehouse operator issuing such receipt, a bond in double the value of the commodity covered by such lost receipt, with good and sufficient surety to indemnify the warehouse operator against any loss sustained by reason of the issuance of such duplicate receipt, and such duplicate receipt shall state that it is issued in lieu of the former receipt, giving the number and date thereof.
[ 2011 c 336 § 621; 1963 c 124 § 32.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.330 - Scale weight tickets not precluded.

RCW 22.09.330
Scale weight tickets not precluded.
Nothing in this chapter may be construed to prevent the issuance of scale weight tickets showing when and what quantities of commodities were received and the condition thereof upon delivery.
[ 1983 c 305 § 45; 1963 c 124 § 33.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.340 - Examination of receipts and commodities—Request—Fee—Access to bins—Records and accounts—Out-of-state offices.

RCW 22.09.340
Examination of receipts and commodities—Request—Fee—Access to bins—Records and accounts—Out-of-state offices.
(1) Upon the request of any person or persons having an interest in a commodity stored in any public warehouse and upon payment of fifty dollars in advance by the person or persons, the department may cause the warehouse to be inspected and shall check the outstanding negotiable and nonnegotiable warehouse receipts, and scale weight tickets that have not been superseded by negotiable or nonnegotiable warehouse receipts, with the commodities on hand and shall report the amount of receipts and scale weight tickets outstanding and the amount of storage, if any. If the cost of the examination is more than fifty dollars, the person or persons having an interest in the commodity stored in the warehouse and requesting the examination, shall pay the additional cost to the department, unless a shortage is found to exist.
(2) A warehouse shall be maintained in a manner that will provide a reasonable means of ingress and egress to the various storage bins and compartments by those persons authorized to make inspections, and an adequate facility to complete the inspections shall be provided.
(3) The property, books, records, accounts, papers, and proceedings of every such warehouse operator shall at all reasonable times be subject to inspection by the department. The warehouse operator shall maintain adequate records and systems for the filing and accounting of warehouse receipts, canceled warehouse receipts, scale weight tickets, other documents, and transactions necessary or common to the warehouse industry. Canceled warehouse receipts, copies of scale weight tickets, and other copies of documents evidencing ownership or ownership liability shall be retained by the warehouse operator for a period of at least three years from the date of deposit.
(4) Any warehouse operator whose principal office or headquarters is located outside the state of Washington shall make available, if requested, during ordinary business hours, at any of their warehouses licensed in the state of Washington, all books, documents, and records for inspection.
(5) Any grain dealer whose principal office or headquarters is located outside the state of Washington shall make available, if requested, all books, documents, and records for inspection during ordinary business hours at any facility located in the state of Washington, or if no facility in the state of Washington, then at a Washington state department of agriculture office or other mutually acceptable place.
[ 2011 c 336 § 622; 1983 c 305 § 46; 1963 c 124 § 34.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.345 - Inspections—Notice, when issued—Failure to comply, penalty—Court order—Costs, expenses, attorneys' fees.

RCW 22.09.345
Inspections—Notice, when issued—Failure to comply, penalty—Court order—Costs, expenses, attorneys' fees.
(1) The department may give written notice to the warehouse operator or grain dealer to submit to inspection, and/or furnish required reports, documents, or other requested information, under such conditions and at such time as the department may deem necessary whenever a warehouse operator or grain dealer fails to:
(a) Submit his or her books, papers, or property to lawful inspection or audit;
(b) Submit required reports or documents to the department by their due date; or
(c) Furnish the department with requested information, including but not limited to correction notices.
(2) If the warehouse operator or grain dealer fails to comply with the terms of the notice within twenty-four hours from the date of its issuance, or within such further time as the department may allow, the department shall levy a fine of fifty dollars per day from the final date for compliance allowed by this section or the department. In those cases where the failure to comply continues for more than thirty days or where the director determines the failure to comply creates a threat of loss to depositors, the department may, in lieu of levying further fines petition the superior court of the county where the licensee's principal place of business in Washington is located, as shown by the license application, for an order:
(a) Authorizing the department to seize and take possession of all books, papers, and property of all kinds used in connection with the conduct or the operation of the warehouse operator's or grain dealer's business, and the books, papers, records, and property that pertain specifically, exclusively, and directly to that business; and
(b) Enjoining the warehouse operator or grain dealer from interfering with the department in the discharge of its duties as required by this chapter.
(3) All necessary costs and expenses, including attorneys' fees, incurred by the department in carrying out the provisions of this section may be recovered at the same time and as part of the action filed under this section.
[ 2011 c 336 § 623; 1987 c 393 § 20; 1983 c 305 § 47.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.350 - Remedies of department on discovery of shortage.

RCW 22.09.350
Remedies of department on discovery of shortage.
(1) Whenever it appears that there is evidence after any investigation that a warehouse operator has a shortage, the department may levy a fine of one hundred dollars per day until the warehouse operator covers the shortage.
(2) In any case where the director determines the shortage creates a substantial or continuing threat of loss to the depositors of the warehouse operator, the department may, in lieu of levying a fine or further fines, give notice to the warehouse operator to comply with all or any of the following requirements:
(a) Cover the shortage;
(b) Give additional bond as requested by the department;
(c) Submit to such inspection as the department may deem necessary;
(d) Cease accepting further commodities from depositors or selling, encumbering, transporting, or otherwise changing possession, custody, or control of commodities owned by the warehouse operator until there is no longer a shortage.
(3) If the warehouse operator fails to comply with the terms of the notice provided for in subsection (2) of this section within twenty-four hours from the date of its issuance, or within such further time as the department may allow, the department may petition the superior court of the county where the licensee's principal place of business in Washington is located as shown by the license application, for an order:
(a) Authorizing the department to seize and take possession of all or a portion of special piles and special bins of commodities and all or a portion of commingled commodities in the warehouse or warehouses owned, operated, or controlled by the warehouse operator, and of all books, papers, and property of all kinds used in connection with the conduct or the operation of the warehouse operator's warehouse business, and the books, papers, records, and property that pertain specifically, exclusively, and directly to that business; and
(b) Enjoining the warehouse operator from interfering with the department in the discharge of its duties as required by this section.
[ 2011 c 336 § 624; 1983 c 305 § 48; 1963 c 124 § 35.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.371 - Depositor's lien.

RCW 22.09.371
Depositor's lien.
(1) When a depositor stores a commodity with a warehouse operator or sells a commodity to a grain dealer, the depositor has a first priority statutory lien on the commodity or the proceeds therefrom or on commodities owned by the warehouse operator or grain dealer if the depositor has written evidence of ownership disclosing a storage obligation or written evidence of sale. The lien arises at the time the title is transferred from the depositor to the warehouse operator or grain dealer, or if the commodity is under a storage obligation, the lien arises at the commencement of the storage obligation. The lien terminates when the liability of the warehouse operator or grain dealer to the depositor terminates or if the depositor sells his or her commodity to the warehouse operator or grain dealer, then thirty days after the date title passes. If, however, the depositor is tendered payment by check or draft, then the lien shall not terminate until forty days after the date title passes.
(2) The lien created under this section shall be preferred to any lien or security interest in favor of any creditor of the warehouse operator or grain dealer, regardless of whether the creditor's lien or security interest attached to the commodity or proceeds before or after the date on which the depositor's lien attached under subsection (1) of this section.
(3) A depositor who claims a lien under subsection (1) of this section need not file any notice of the lien in order to perfect the lien.
(4) The lien created by subsection (1) of this section is discharged, except as to the proceeds therefrom and except as to commodities owned by the warehouse operator or grain dealer, upon sale of the commodity by the warehouse operator or grain dealer to a buyer in the ordinary course of business.
[ 2011 c 336 § 626; 1987 c 393 § 21; 1983 c 305 § 50.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.381 - Depositors' claims, processing by department.

RCW 22.09.381
Depositors' claims, processing by department.
In the event of a failure of a grain dealer or warehouse operator, the department may process the claims of depositors possessing written evidence of ownership disclosing a storage obligation or written evidence of a sale of commodities in the following manner:
(1) The department shall give notice and provide a reasonable time to depositors possessing written evidence of ownership disclosing a storage obligation or written evidence of sale of commodities to file their claims with the department.
(2) The department may investigate each claim and determine whether the claimant's commodities are under a storage obligation or whether a sale of the commodities has occurred. The department may, in writing, notify each claimant and the failed grain dealer or warehouse operator of the department's determination as to the status and amount of each claimant's claim. A claimant, failed warehouse operator, or grain dealer may request a hearing on the department's determination within twenty days of receipt of written notification, and a hearing shall be held in accordance with chapter 34.05 RCW.
(3) The department may inspect and audit the failed warehouse operator to determine whether the warehouse operator has in his or her possession sufficient quantities of commodities to cover his or her storage obligations. In the event of a shortage, the department shall determine each depositor's pro rata share of available commodities and the deficiency shall be considered as a claim of the depositor. Each type of commodity shall be treated separately for the purpose of determining shortages.
(4) The department shall determine the amount, if any, due each claimant by the surety and make demand upon the bond in the manner set forth in this chapter.
[ 2011 c 336 § 627; 1983 c 305 § 51.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.405 - Grain indemnity fund program—Activation—In lieu of other security.

RCW 22.09.405
Grain indemnity fund program—Activation—In lieu of other security.
(1) The provisions of this section and RCW 22.09.416 through 22.09.471 constitute the grain indemnity fund program. RCW 22.09.416 through 22.09.471 shall take effect on a date specified by the director but within ninety days after receipt by the director of a petition seeking implementation of the grain indemnity fund program provided for in this chapter and a determination by the director, following a public hearing on said petition, that a grain indemnity fund program is in the interest of the agricultural industry of this state. The petition shall be signed by licensees of at least thirty-three percent of the grain warehouses and thirty-three percent of the grain dealers. At least sixty days in advance, the director shall notify each licensed warehouse and grain dealer of the effective date of the grain indemnity fund program provisions.
(2) The grain indemnity fund program, if activated by the director, shall be in lieu of the bonding and security provisions of RCW 22.09.090 and 22.09.095.
[ 1987 c 509 § 7.]
NOTES:
Severability—1987 c 509: See note following RCW 22.09.060.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.411 - Grain indemnity fund program—Fund established—Contents, deposits, disbursements, use.

RCW 22.09.411
Grain indemnity fund program—Fund established—Contents, deposits, disbursements, use.
(1) There is hereby established a fund to be known as the grain indemnity fund. The grain indemnity fund shall consist of assessments remitted by licensees pursuant to the provisions of RCW 22.09.416 through 22.09.426.
(2) All assessments shall be paid to the department and shall be deposited in the grain indemnity fund. The state treasurer shall be the custodian of the grain indemnity fund. Disbursements shall be on authorization of the director. No appropriation is required for disbursements from this fund.
(3) The grain indemnity fund shall be used exclusively for purposes of paying claimants pursuant to this chapter, and paying necessary expenses of administering the grain indemnity fund, provided however, that moneys equivalent to one-half of the interest earned by the fund for deposit to the general fund may be paid to the department to defray costs of administering the warehouse audit program. The state of Washington shall not be liable for any claims presented against the fund.
[ 1991 sp.s. c 13 § 67; 1987 c 509 § 8.]
NOTES:
Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240.
Severability—1987 c 509: See note following RCW 22.09.060.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.416 - Grain indemnity fund program—Assessments.

RCW 22.09.416
Grain indemnity fund program—Assessments.
(1) Every licensed warehouse and grain dealer and every applicant for any such license shall pay assessments to the department for deposit in the grain indemnity fund according to the provisions of RCW 22.09.405 through 22.09.471 and rules promulgated by the department to implement this chapter.
(2) The rate of the assessments shall be established by rule, provided however, that no single assessment against a licensed warehouse or grain dealer or applicant for any such license shall exceed five percent of the bond amount that would otherwise have been required of such grain dealer, warehouse operator, or license applicant under RCW 22.09.090.
[ 2011 c 336 § 629; 1987 c 509 § 9.]
NOTES:
Severability—1987 c 509: See note following RCW 22.09.060.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.421 - Grain indemnity fund program—Initial assessment—Effect on preceding security—New applicants for warehouse or grain dealer licenses.

RCW 22.09.421
Grain indemnity fund program—Initial assessment—Effect on preceding security—New applicants for warehouse or grain dealer licenses.
(1) The department shall establish the initial assessment within sixty days of the activation of the grain indemnity fund program pursuant to RCW 22.09.405. Immediately upon promulgation of the rule, the department shall issue notice to each licensed warehouse and grain dealer of the assessment owed. The initial assessment and assessments issued thereafter shall be paid within thirty days of the date posted on the assessment notice.
(2) The surety bond or other security posted by a licensed warehouse or grain dealer in effect immediately preceding the effective date of the grain indemnity fund program, shall remain in full force and effect and shall not be released until thirty days after the initial assessment is paid. A certificate of deposit or other security in effect immediately preceding the effective date of the grain indemnity fund program shall remain on deposit until the initial assessment is paid and until such certificate of deposit or other security is released by the department following a prompt determination that no outstanding claims are pending against the security.
(3) Each new applicant for a warehouse or grain dealer license shall pay the assessment imposed pursuant to RCW 22.09.416 at the time of application. No license to operate as a grain dealer or grain warehouse or both shall be issued until such assessment is paid.
Notwithstanding the provisions of RCW 22.09.416(2), new applicants shall pay annual assessments into the grain indemnity fund for an equivalent number of years as those participating at the inception of the grain indemnity fund program and who continue to participate in the grain indemnity fund program.
[ 1987 c 509 § 10.]
NOTES:
Severability—1987 c 509: See note following RCW 22.09.060.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.426 - Grain indemnity fund program—Annual assessments—Limitations.

RCW 22.09.426
Grain indemnity fund program—Annual assessments—Limitations.
The assessments imposed pursuant to RCW 22.09.416 shall be imposed annually, under rules promulgated by the department, until such time as the grain indemnity fund balance, less any outstanding claims, reaches three million dollars. For any year in which the grain indemnity fund balance, less any outstanding claims, exceeds three million dollars on the annual assessment date, no assessment shall be imposed by the department, except as provided in RCW 22.09.421(3) or 22.09.431.
[ 1987 c 509 § 11.]
NOTES:
Severability—1987 c 509: See note following RCW 22.09.060.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.431 - Grain indemnity fund program—Additional security.

RCW 22.09.431
Grain indemnity fund program—Additional security.
The department may, when it has reason to believe that a licensee does not have the ability to pay producers for grain purchased, or when it determines that the licensee does not have a sufficient net worth to outstanding financial obligations ratio, require from the licensee the payment of an additional assessment or, at the department's option, the posting of a bond or other additional security in an amount to be prescribed by rule. The additional assessment or other security may exceed the maximum amount set forth in RCW 22.09.416. Failure of the licensee to timely pay the additional assessment or post the additional bond or other security constitutes grounds for suspension or revocation of a license issued under this chapter.
[ 1987 c 509 § 12.]
NOTES:
Severability—1987 c 509: See note following RCW 22.09.060.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.436 - Grain indemnity fund program—Advisory committee.

RCW 22.09.436
Grain indemnity fund program—Advisory committee.
(1) There is hereby created a grain indemnity fund advisory committee consisting of six members to be appointed by the director. The director shall make appointments to the committee no later than seven days following the date this section becomes effective pursuant to RCW 22.09.405. Of the initial appointments, three shall be for two-year terms and three shall be for three-year terms. Thereafter, appointments shall be for three-year terms, each term ending on the same day of the same month as did the term preceding it. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of the predecessor's term.
(2) The committee shall be composed of two producers primarily engaged in the production of agricultural commodities, two licensed grain dealers, and two licensed grain warehouse operators.
(3) The committee shall meet at such places and times as it shall determine and as often as necessary to discharge the duties imposed upon it. Each committee member shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel and subsistence expense under RCW 43.03.050 and 43.03.060. The expenses of the committee and its operation shall be paid from the grain indemnity fund.
(4) The committee shall have the power and duty to advise the director concerning assessments, administration of the grain indemnity fund, and payment of claims from the fund.
[ 2011 c 336 § 630; 1987 c 509 § 13.]
NOTES:
Severability—1987 c 509: See note following RCW 22.09.060.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.441 - Grain indemnity fund program—Processing of claims.

RCW 22.09.441
Grain indemnity fund program—Processing of claims.
In the event a grain dealer or warehouse fails, as defined in *RCW 22.09.011(21), or otherwise fails to comply with the provisions of this chapter or rules promulgated hereunder, the department shall process the claims of depositors producing written evidence of ownership disclosing a storage obligation or written evidence of a sale of commodities for damages caused by the failure, in the following manner:
(1) The department shall give notice and provide a reasonable time, not to exceed thirty days, to depositors possessing written evidence of ownership disclosing a storage obligation or written evidence of sale of commodities to file their written verified claims with the department.
(2) The department may investigate each claim and determine whether the claimant's commodities are under a storage obligation or whether a sale of commodities has occurred. The department shall notify each claimant, the grain warehouse operator or grain dealer, and the committee of the department's determination as to the validity and amount of each claimant's claim. A claimant, warehouse operator, or grain dealer may request a hearing on the department's determination within twenty days of receipt of written notification and a hearing shall be held by the department pursuant to chapter 34.05 RCW. Upon determining the amount and validity of the claim, the director shall pay the claim from the grain indemnity fund.
(3) The department may inspect and audit a failed warehouse operator, as defined by *RCW 22.09.011(21) to determine whether the warehouse operator has in his or her possession, sufficient quantities of commodities to cover his or her storage obligations. In the event of a shortage, the department shall determine each depositor's pro rata share of available commodities and the deficiency shall be considered as a claim of the depositor. Each type of commodity shall be treated separately for the purpose of determining shortages.
[ 2011 c 336 § 631; 1987 c 509 § 14.]
NOTES:
*Reviser's note: RCW 22.09.011 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (21) to subsection (9).
Severability—1987 c 509: See note following RCW 22.09.060.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.446 - Grain indemnity fund program—Failure to file claim in time.

RCW 22.09.446
Grain indemnity fund program—Failure to file claim in time.
If a depositor or creditor, after notification, refuses or neglects to file in the office of the director his or her verified claim against a warehouse operator or grain dealer as requested by the director within thirty days from the date of the request, the director shall thereupon be relieved of responsibility for taking action with respect to such claim later asserted and no such claim shall be paid from the grain indemnity fund.
[ 2011 c 336 § 632; 1987 c 509 § 15.]
NOTES:
Severability—1987 c 509: See note following RCW 22.09.060.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.451 - Grain indemnity fund program—Payment limitations.

RCW 22.09.451
Grain indemnity fund program—Payment limitations.
Subject to the provisions of RCW 22.09.456 and 22.09.461 and to a maximum payment of seven hundred fifty thousand dollars on all claims against a single licensee, approved claims against a licensed warehouse operator or licensed grain dealer shall be paid from the grain indemnity fund in the following amounts:
(1) Approved claims against a licensed warehouse operator shall be paid in full;
(2) Approved claims against a licensed grain dealer for payments due within thirty days of transfer of title shall be paid in full for the first twenty-five thousand dollars of the claim. The amount of such a claim in excess of twenty-five thousand dollars shall be paid to the extent of eighty percent;
(3) Approved claims against a licensed grain dealer for payments due between thirty and ninety days of transfer of title shall be paid to the extent of eighty percent;
(4) Approved claims against a licensed grain dealer for payments due after ninety days from transfer of title shall be paid to the extent of seventy-five percent;
(5) In the event that approved claims against a single licensee exceed seven hundred fifty thousand dollars, recovery on those claims shall be prorated.
[ 2011 c 336 § 633; 1987 c 509 § 16.]
NOTES:
Severability—1987 c 509: See note following RCW 22.09.060.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.456 - Grain indemnity fund program—Additional payment limitations.

RCW 22.09.456
Grain indemnity fund program—Additional payment limitations.
In addition to the payment limitations imposed by RCW 22.09.451, payment of any claim approved before the grain indemnity fund first reaches a balance of one million two hundred fifty thousand dollars, shall be limited to the following amounts:
(1) For claims against a licensed grain warehouse, payment shall not exceed the lesser of seven hundred fifty thousand dollars or an amount equal to the licensee's total bushels of licensed storage space multiplied by the rate of eighteen cents.
(2) For claims against a licensed grain dealer, payment shall not exceed the lesser of seven hundred fifty thousand dollars or an amount equal to six percent of the gross purchases of the licensee during the licensee's immediately preceding fiscal year.
(3) The unpaid balance of any claim subject to this section shall be paid when the grain indemnity fund first reaches a balance of one million two hundred fifty thousand dollars, provided that the total paid on the claim shall not exceed the limits specified in RCW 22.09.451.
[ 1987 c 509 § 17.]
NOTES:
Severability—1987 c 509: See note following RCW 22.09.060.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.461 - Grain indemnity fund program—Payment of claims—Restrictions, priority.

RCW 22.09.461
Grain indemnity fund program—Payment of claims—Restrictions, priority.
The requirement that the state of Washington pay claims under this chapter only exists so long as the grain indemnity fund contains sufficient money to pay the claims. Under no circumstances whatsoever may any funds (other than assessment amounts and other money obtained under this chapter) be used to pay claims. In the event that the amount in the grain indemnity fund is insufficient to pay all approved claims in the amount provided for under RCW 22.09.451 or 22.09.456, the claims shall be paid in the order in which they were filed with the department, until such time as sufficient moneys are available in the grain indemnity fund to pay all of the claims.
[ 1987 c 509 § 18.]
NOTES:
Severability—1987 c 509: See note following RCW 22.09.060.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.466 - Grain indemnity fund program—Debt and obligation of grain dealer or warehouse operator—Recovery by director.

RCW 22.09.466
Grain indemnity fund program—Debt and obligation of grain dealer or warehouse operator—Recovery by director.
Amounts paid from the grain indemnity fund in satisfaction of any approved claim shall constitute a debt and obligation of the grain dealer or warehouse operator against whom the claim was made. On behalf of the grain indemnity fund, the director may bring suit, file a claim, or intervene in any legal proceeding to recover from the grain dealer or warehouse operator the amount of the payment made from the grain indemnity fund, together with costs and attorneys' fees incurred. In instances where the superior court is the appropriate forum for a recovery action, the director may elect to institute the action in the superior court of Thurston county.
[ 2011 c 336 § 634; 1987 c 509 § 19.]
NOTES:
Severability—1987 c 509: See note following RCW 22.09.060.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.471 - Grain indemnity fund program—Proceedings against licensee.

RCW 22.09.471
Grain indemnity fund program—Proceedings against licensee.
The department may deny, suspend, or revoke the license of any grain dealer or warehouse operator who fails to timely pay assessments to the grain indemnity fund or against whom a claim has been made, approved, and paid from the grain indemnity fund. Proceedings for the denial, suspension, or revocation shall be subject to the provisions of chapter 34.05 RCW.
[ 2011 c 336 § 635; 1987 c 509 § 20.]
NOTES:
Severability—1987 c 509: See note following RCW 22.09.060.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.520 - Deposits as bailments.

RCW 22.09.520
Deposits as bailments.
Whenever any commodity shall be delivered to a warehouse under this chapter, and the scale ticket or warehouse receipt issued therefor provides for the return of a like amount of like kind, grade, and class to the holder thereof, such delivery shall be a bailment and not a sale of the commodity so delivered. In no case shall such commodities be liable to seizure upon process of any court in an action against such bailee, except action by the legal holder of the warehouse receipt to enforce the terms thereof. Such commodities, in the event of failure or insolvency of such bailee, shall be applied exclusively to the redemption of such outstanding warehouse receipts and scale weight tickets covering commodities so stored with such bailee. The commodities on hand in any warehouse or warehouses with a particular license, as provided in RCW 22.09.030, shall be applied to the redemption and satisfaction of warehouse receipts and scale weight tickets which were issued pursuant to the particular license. Commodities in special piles or special bins shall be applied exclusively against the warehouse receipts or scale weight tickets issued therefor.
[ 1987 c 393 § 23; 1963 c 124 § 52.]