reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.64 - Farm Marketing. › 15.64.050 - Small farm direct marketing assistance program—Created—Duties.

RCW 15.64.050
Small farm direct marketing assistance program—Created—Duties.
(1) The small farm direct marketing assistance program is created.
(2) The director shall employ a small farm direct marketing assistant.
(3) The small farm direct marketing assistance program shall assist small farms in their direct marketing efforts. In carrying out this duty the program shall:
(a) Assist small farms in complying with federal, state, and local rules and regulations as they apply to direct marketing of agricultural products;
(b) Assist in developing infrastructure to increase direct marketing opportunities for small farms;
(c) Provide information on direct marketing opportunities for small farms;
(d) Promote localized food production systems;
(e) Increase access to information for farmers wishing to sell farm products directly to consumers;
(f) Identify and help reduce market barriers facing small farms in direct marketing;
(g) Assist in developing and submitting proposals to grant programs to assist small farm direct marketing efforts; and
(h) Perform other functions that will assist small farms in directly marketing their products.
[ 2007 c 522 § 947; 2007 c 122 § 1; 2001 2nd sp.s. c 3 § 2.]
NOTES:
Severability—2007 c 522: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2007 c 522 § 1801.]
Effective date—2007 c 522: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 15, 2007]." [ 2007 c 522 § 1802.]
Findings—2001 2nd sp.s. c 3: "The legislature finds that:
(1) Many consumers in this state appreciate and seek out the opportunity to purchase local farm products.
(2) Consumers and small-scale farmers would both benefit from increased opportunities to market farm products locally. Direct marketing provides farmers with the opportunity to realize an increased share of consumers' food dollars and provides consumers with a greater opportunity to support local agriculture and understand farm operations, farm culture, and the role farms play in meeting our food needs.
(3) The state would greatly benefit from a focused effort to increase the economic viability and profitability of small farms through increasing their ability to market their products directly to consumers.
(4) Direct marketing opportunities are often not feasible for farmers to undertake because of market barriers and the difficulty of obtaining information related to marketing.
(5) A direct marketing assistance program for small farmers could provide the needed information, technical assistance, and barrier clearing work that is a key to increasing direct marketing of farm products." [ 2001 2nd sp.s. c 3 § 1.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.033 - Regulating agricultural commodities—Laws applicable.

RCW 15.65.033
Regulating agricultural commodities—Laws applicable.
This chapter and the rules adopted under it are only one aspect of the comprehensively regulated agricultural industry.
(1) Other laws applicable to agricultural commodities include the following chapters and the rules adopted thereunder:
Chapter 15.08 RCW Horticultural pests and diseases;
Chapter 15.13 RCW Horticultural plants, Christmas trees, and facilities—Inspection and licensing;
Chapter 15.14 RCW Planting stock;
Chapter 15.15 RCW Certified seed potatoes;
Chapter 15.17 RCW Standards of grades and packs;
Chapter 15.19 RCW Certification and inspection of ginseng;
Chapter 15.30 RCW Controlled atmosphere storage of fruits and vegetables;
Chapter 15.49 RCW Seeds;
Chapter 15.53 RCW Commercial feed;
Chapter 15.54 RCW Fertilizers, minerals, and limes;
Chapter 15.58 RCW Washington pesticide control act;
Chapter 15.60 RCW Apiaries;
Chapter 15.64 RCW Farm marketing;
Chapter 15.83 RCW Agricultural marketing and fair practices;
Chapter 15.85 RCW Aquaculture marketing;
Chapter 15.86 RCW Organic products;
Chapter 15.92 RCW Center for sustaining agriculture and natural resources;
The food safety and security act under chapter 15.130 RCW;
Chapter 17.24 RCW Insect pests and plant diseases;
Chapter 19.94 RCW Weights and measures;
Chapter 20.01 RCW Agricultural products—Commission merchants, dealers, brokers, buyers, agents;
Chapter 22.09 RCW Agricultural commodities;
Chapter 69.07 RCW Washington food processing act;
Chapter 69.25 RCW Washington wholesome eggs and egg products act;
Chapter 69.28 RCW Honey;
7 U.S.C., section 136, Federal insecticide, fungicide, and rodenticide act.
(2) In addition to the laws and regulations listed in subsection (1) of this section that apply to the agricultural industry as a whole, the dry pea and lentil industry is regulated by or must comply with the additional laws and rules adopted under 7 U.S.C., chapter 38, agricultural marketing act.
[ 2018 c 236 § 706; 2011 c 103 § 24; 2002 c 313 § 3.]
NOTES:
Purpose—2011 c 103: See note following RCW 15.26.120.
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.040 - Establishing a commodity board—Marketing order—Purposes.

RCW 15.65.040
Establishing a commodity board—Marketing order—Purposes.
The director may adopt a marketing order that establishes a commodity board under this chapter for any of the following purposes:
(1) To aid agricultural producers in preventing economic waste in the marketing of their agricultural commodities and in developing more efficient methods of marketing agricultural products.
(2) To enable agricultural producers of this state, with the aid of the state:
(a) To develop, and engage in research for developing, better and more efficient production, irrigation, processing, transportation, handling, marketing, and utilization of agricultural products;
(b) To establish orderly marketing of agricultural commodities;
(c) To provide for uniform grading and proper preparation of agricultural commodities for market;
(d) To provide methods and means (including, but not limited to, public relations and promotion) for the maintenance of present markets and for the development of new or larger markets, both domestic and foreign, for agricultural commodities produced within this state and for the prevention, modification, or elimination of trade barriers which obstruct the free flow of such agricultural commodities to market;
(e) To eliminate or reduce economic waste in the marketing and/or use of agricultural commodities;
(f) To restore and maintain adequate purchasing power for the agricultural producers of this state;
(g) To provide information or communicate on matters pertaining to the production, irrigation, processing, transportation, marketing, or uses of an agricultural commodity produced in Washington state to any elected official or officer or employee of any agency;
(h) To provide marketing information and services for producers of an agricultural commodity;
(i) To provide information and services for meeting resource conservation objectives of producers of an agricultural commodity;
(j) To engage in cooperative efforts in the domestic or foreign marketing of food products of an agricultural commodity;
(k) To provide for commodity-related education and training; and
(l) To accomplish all the declared policies of this chapter.
(3) To protect the interest of consumers by assuring a sufficient pure and wholesome supply of agricultural commodities of good quality at all seasons and times.
[ 2002 c 313 § 4; 2001 c 315 § 4; 1961 c 256 § 4.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.043 - Board may establish foundation.

RCW 15.65.043
Board may establish foundation.
A commodity board may establish a foundation using commission funds as grant money when the foundation benefits the commodity for which the board was established. Commission funds may be used for the purposes authorized in the marketing order.
[ 2001 c 315 § 7.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.047 - Director's duties and responsibilities—Amendments to marketing orders or agreements without a referendum—Rules.

RCW 15.65.047
Director's duties and responsibilities—Amendments to marketing orders or agreements without a referendum—Rules.
(1) The director may adopt rules necessary to carry out the director's duties and responsibilities under this chapter including:
(a) The issuance, amendment, or termination of marketing orders or agreements;
(b) Procedural, technical, or administrative rules which may address and include, but are not limited to:
(i) The submission of a petition to issue, amend, or terminate a marketing order or agreement under this chapter;
(ii) Nominations conducted under this chapter;
(iii) Elections of board members or referenda conducted under this chapter;
(iv) Actions of the director upon a petition to issue, amend, or terminate a marketing order or agreement;
(c) Rules that provide for a method to fund:
(i) The costs of staff support for all commodity boards and commissions in accordance with RCW 43.23.033 if the position is not directly funded by the legislature; and
(ii) The actual costs related to the specific activity undertaken on behalf of an individual commodity board or commission.
(2) The director may adopt amendments to marketing agreements or orders without conducting a referendum if the amendments are adopted under the following criteria:
(a) The proposed amendments relate only to internal administration of a marketing order or agreement and are not subject to violation by a person;
(b) The proposed amendments adopt or incorporate by reference without material change federal statutes or regulations, Washington state statutes, or rules of other Washington state agencies, if the material adopted or incorporated regulates the same activities as are authorized under the marketing order or agreement;
(c) The proposed amendments only correct typographical errors, make address or name changes, or clarify language of a rule without changing the marketing order or agreement; and
(d) The content of the proposed amendments is explicitly and specifically dictated by statute.
A marketing order or agreement shall not be amended without a referendum to provide that a majority of the commodity board members be appointed by the director.
[ 2002 c 313 § 7.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.050 - Director to enforce and administer chapter—Marketing agreements, orders issued, amended, notice, grounds for amendments.

RCW 15.65.050
Director to enforce and administer chapter—Marketing agreements, orders issued, amended, notice, grounds for amendments.
The director shall administer and enforce this chapter and it shall be his or her duty to carry out its provisions and put them into force in accordance with its terms, but issuance, amendment, modification, and/or suspension of marketing agreements and orders and of any terms or provisions thereof shall be accomplished according to the procedures set forth in this chapter and not otherwise. Whenever he or she has reason to believe that the issuance or amendment of a marketing agreement or order will tend to effectuate any declared policy or purpose of this chapter with respect to any agricultural commodity, and in the case of application for issuance or amendment ten or more producers of such commodity apply or when a petition for amendment is submitted by majority vote of a commodity board, then the director shall give due notice of, and an opportunity for, a public hearing upon such issuance or amendment, and the director shall issue marketing agreements and orders containing the provisions specified in this chapter and from time to time amend the same whenever upon compliance with and on the basis of facts adduced in accordance with the procedural requirements of this chapter he or she shall find that such agreement, order, or amendment:
(1) Will tend to effectuate one or more of the declared policies of this chapter and is needed in order to effectuate the same.
(2) Is reasonably adapted to accomplish the purposes and objects for which it is issued and complies with the applicable provisions of this chapter.
(3) Has been approved or favored by the percentages of producers and/or handlers specified in and ascertained in accordance with this chapter.
[ 2002 c 313 § 5; 1961 c 256 § 5.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.060 - Form, filing of marketing agreement, order, amendment, and other proceedings.

RCW 15.65.060
Form, filing of marketing agreement, order, amendment, and other proceedings.
The director shall cause any marketing agreement, order proposed for issuance, or amendment to be set out in detailed form and reduced to writing, which writing is herein designated "proposal." The director shall make and maintain on file in the office of the department a copy of each proposal and a full and complete record of all notices, hearings, findings, decisions, assents, and all other proceedings relating to each proposal and to each marketing agreement and order.
[ 2002 c 313 § 6; 1961 c 256 § 6.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.070 - Notice of hearing on proposal—Publication—Contents.

RCW 15.65.070
Notice of hearing on proposal—Publication—Contents.
The director shall publish notice of any hearing called for the purpose of considering and acting upon any proposal for a period of not less than two days in one or more newspapers of general circulation as the director may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. Such notice shall set forth the date, time and place of said hearing, the agricultural commodity and the area covered by such proposal; a concise statement of the proposal; a concise statement of each additional subject upon which the director will hear evidence and make a determination, and a statement that, and the address where, copies of the proposal may be obtained. The director shall also mail notice to all producers and handlers within the affected area who may be directly affected by such proposal and whose names and addresses appear, on the day next preceding the day on which such notice is published, upon lists of such persons then on file in the department.
[ 2002 c 313 § 8; 1987 c 393 § 5; 1985 c 261 § 2; 1979 c 154 § 4; 1961 c 256 § 7.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1979 c 154: See note following RCW 15.49.330.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.100 - Director's findings and recommended decision, delivery of copies—Taking official notice of facts from other agencies.

RCW 15.65.100
Director's findings and recommended decision, delivery of copies—Taking official notice of facts from other agencies.
The director shall make and publish findings based upon the facts, testimony, and evidence received at the public hearings together with any other relevant facts available to him or her from official publications of the United States or any state thereof or any institution of recognized standing and he or she is hereby expressly empowered to take "official notice" of the same. Such findings shall be made upon every material point controverted at the hearing and/or required by this chapter and upon such other matters and things as the director may deem fitting and proper. The director shall issue a recommended decision based upon his or her findings and shall cause copies of the findings and recommended decision to be delivered or mailed to all parties of record appearing at the hearing, or their attorneys of record.
[ 2010 c 8 § 6069; 1961 c 256 § 10.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.110 - Filing objections to recommended decision—Final decision—Waiver.

RCW 15.65.110
Filing objections to recommended decision—Final decision—Waiver.
After the issuance of a recommended decision all interested parties shall have a period of not less than ten days to file objections or exceptions with the director. Thereafter the director shall take such objections and exceptions as are filed into consideration and shall issue and publish his or her final decision which may be the same as the recommended decision or may be revised in the light of said objections and exceptions. Upon written waiver executed by all parties of record at any hearing or by their attorneys of record the director may in his or her discretion omit compliance with the provisions of this section.
[ 2010 c 8 § 6070; 1961 c 256 § 11.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.120 - Contents and scope of recommended and final decision—Delivery of copies.

RCW 15.65.120
Contents and scope of recommended and final decision—Delivery of copies.
The recommended decision shall contain the text in full of any recommended agreement, order, or amendment, and may deny or approve the proposal in its entirety, or it may recommend a marketing agreement, order, or amendment containing other or different terms or conditions from those contained in the proposal: PROVIDED, That the same shall be of a kind or type substantially within the purview of the notice of hearing and shall be supported by evidence taken at the hearing or by documents of which the director is authorized to take official notice. The final decision shall set out in full the text of the agreement, order, or amendment covered thereby, and the director shall issue and deliver or mail copies of the final decision to all producers and handlers within the affected area who may be directly affected by such final decision and whose names and addresses appear, on the day next preceding the day on which such final decision is issued, upon the lists of such persons then on file in the department, and to all parties of record appearing at the hearing, or their attorneys of record. If the final decision denies the proposal in its entirety no further action shall be taken by the director.
[ 2002 c 313 § 10; 1985 c 261 § 3; 1961 c 256 § 12.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.130 - Agreements binding only on those who assent in writing—Agreement not effective until sufficient signatories to effectuate chapter—When effective.

RCW 15.65.130
Agreements binding only on those who assent in writing—Agreement not effective until sufficient signatories to effectuate chapter—When effective.
With respect to marketing agreements, the director shall after publication of his or her final decision, invite all producers and handlers affected thereby to assent or agree to the agreement or amendment set out in such decision. Said marketing agreements or amendments thereto shall be binding upon and only upon persons who have agreed thereto in writing and whose written agreement has been filed with the director: PROVIDED, That the filing of such written agreement by a cooperative association shall be binding upon such cooperative and all of its members, and PROVIDED, FURTHER, That the director shall enter into and put into force a marketing agreement or amendment thereto when and only when he or she shall find in addition to the other findings specified in this chapter that said marketing agreement or any amendment thereto has been assented to by a sufficient number of signatories who handle or produce a sufficient volume of the commodity affected to tend to effectuate the declared policies and purposes of this chapter and to accomplish the purposes and objects of such agreement or amendment thereto and provide sufficient moneys from assessments levied to defray the necessary expenses of formulation, issuance, administration, and enforcement. Such agreement shall be deemed to be issued and put into force and effect when the director shall have so notified all persons who have assented thereto.
[ 2010 c 8 § 6071; 1961 c 256 § 13.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.140 - Minimum assent requirements prerequisite to order or amendment affecting producers or producer marketing.

RCW 15.65.140
Minimum assent requirements prerequisite to order or amendment affecting producers or producer marketing.
No marketing order or amendment thereto directly affecting producers or producer marketing shall be issued unless the director determines (in accordance with any of the procedures described at RCW 15.65.160) that the issuance of such order or amendment is assented to or favored by producers within the affected area who during a representative period determined by the director constituted either (1) at least sixty-five percent by numbers and at least fifty-one percent by volume of production of the producers who have been engaged within the area of production specified in such marketing order in the production for market of the commodity specified therein, or who during such representative period have been engaged in the production of such commodity for marketing in the marketing area specified in such marketing order, or (2) at least fifty-one percent by numbers and at least sixty-five percent by volume of production of such producers: PROVIDED, That producers shall be deemed to have assented to or approved a proposed amendment order if sixty percent or more by number and sixty percent or more by volume of those replying assent or approve the proposed order in a referendum.
[ 1985 c 261 § 4; 1975 1st ex.s. c 7 § 3; 1961 c 256 § 14.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.150 - Minimum requirements prerequisite to order or amendment assessing handlers—Assent by producers.

RCW 15.65.150
Minimum requirements prerequisite to order or amendment assessing handlers—Assent by producers.
Any marketing order or amendment thereto directly assessing handlers shall be issued either (1) when the director determines that the issuance of such order or amendment is assented to or favored by handlers who during a representative period determined by the director constituted at least fifty-one percent by numbers or fifty-one percent by volume handled of the handlers who have been engaged in the handling of the commodity specified in such marketing order produced in such production area or marketed in such marketing area, as the case may be, or (2) when upon the basis of findings on a duly noticed hearing held in the manner herein provided, the director determines:
(a) That the issuance of such order or amendment will not result in unequal cost of product or availability of supplies, or cause competitive disadvantage of other respects as between handlers;
(b) That the issuance of such order or amendment is the only practical means of advancing the interest of producers of such commodity pursuant to the declared policy of this chapter and that failure to issue such order or amendment would tend to prevent effectuation of the declared policies of this chapter;
(c) That the issuance of such order is assented to or favored by producers who during a representative period determined by the director constituted at least seventy-five percent by numbers or at least sixty-five percent by volume of production of the producers who have been engaged within the production area specified in such marketing order in the production for market of the commodity specified therein, or who during such representative period have been engaged in the production of such commodity for sale in the marketing area specified in such order.
[ 1985 c 261 § 5; 1961 c 256 § 15.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.160 - Ascertainment of required assent percentages.

RCW 15.65.160
Ascertainment of required assent percentages.
After publication of his or her final decision, the director shall ascertain (either by written agreement in accordance with subsection (1) of this section or by referendum in accordance with subsection (2) of this section) whether the above specified percentages of producers and/or handlers assent to or approve any proposed order, amendment, or termination, and for such purpose:
(1) The director may ascertain whether assent or approval by the percentages specified in RCW 15.65.140, 15.65.150 or 15.65.190 (whichever is applicable) have been complied with by written agreement, and the requirements of assent or approval shall, in such case, be held to be complied with, if of the total number of affected producers or affected handlers within the affected area and the total volume of production of the affected commodity or product thereof, the percentages evidencing assent or approval are equal to or in excess of the percentages specified in said sections; or
(2) The director may conduct a referendum among producers within the affected area and the requirements of assent or approval shall be held to be complied with if of the total number of such producers and the total volume of production represented in such referendum the percentage assenting to or favoring is equal to or in excess of the percentage specified in RCW 15.65.140, 15.65.150 or 15.65.190 (whichever is applicable) as now or hereafter amended: PROVIDED, That thirty percent of the affected producers within the affected area producing thirty percent by volume of the affected commodity have been represented in a referendum to determine assent or approval of the issuance of a marketing order: PROVIDED FURTHER, That a marketing order shall not become effective when the provisions of subsection (3) of this section are used unless sixty-five percent by number of the affected producers within the affected area producing fifty-one percent by volume of the affected commodity or fifty-one percent by number of such affected producers producing sixty-five percent by volume of the affected commodity approve such marketing order;
(3) The director shall consider the assent or dissent or the approval or disapproval of any cooperative marketing association authorized by its producer members either by a majority vote of those voting thereon or by its articles of incorporation or by its bylaws or by any marketing or other agreement to market the affected commodity for such members or to act for them in any such referendum as being the assent or dissent or the approval or disapproval of the producers who are members of or stockholders in or under contract with such cooperative association of producers: PROVIDED, That the association shall first determine that a majority of its affected producers authorizes its action concerning the specific marketing order.
[ 2010 c 8 § 6072; 1985 c 261 § 6; 1975 1st ex.s. c 7 § 4; 1961 c 256 § 16.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.170 - Issuance or amendment of marketing order—Assent—Rules.

RCW 15.65.170
Issuance or amendment of marketing order—Assent—Rules.
If the director determines that the requisite assent has been given to issue or amend a marketing order, the issuance or amendment shall be adopted by rule by the director within thirty days of the validation of the vote. If the director determines that the requisite assent has not been given no further action shall be taken by the director upon the proposal, and the order contained in the final decision shall be without force or effect.
[ 2002 c 313 § 11; 1987 c 393 § 6; 1961 c 256 § 17.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.175 - Issuing, amending, or terminating a marketing order—Limitation on public hearings or referendums.

RCW 15.65.175
Issuing, amending, or terminating a marketing order—Limitation on public hearings or referendums.
The director shall not be required to hold a public hearing or a referendum more than once in any twelve-month period on petitions to issue, amend, or terminate a commodity marketing order if any of the following circumstances are present:
(1) The petition proposes to establish a marketing order or agreement for the same commodity;
(2) The petition proposes the same or a similar amendment to a marketing order or agreement; or
(3) The petition proposes to terminate the same marketing order or agreement.
[ 2002 c 313 § 12.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.180 - Suspension of marketing agreement or order upon advice of commodity board—Certain prerequisites waived.

RCW 15.65.180
Suspension of marketing agreement or order upon advice of commodity board—Certain prerequisites waived.
The director may, upon the advice of the commodity board serving under any marketing agreement or order and without compliance with the provisions of RCW 15.65.050 through 15.65.170, suspend any such agreement or order or term or provision thereof for a period of not to exceed one year, if the director finds that such suspension will tend to effectuate the declared policy of this chapter. Any suspension of all or substantially all of a marketing agreement or order by the director shall not become effective until the end of the then current marketing season.
[ 2002 c 313 § 13; 1961 c 256 § 18.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.183 - Termination of marketing order or agreement—Petition—Procedure.

RCW 15.65.183
Termination of marketing order or agreement—Petition—Procedure.
The director may terminate a marketing order or agreement in accordance with this chapter.
(1) To terminate a marketing order or agreement:
(a) The director must receive a petition by affected producers under this chapter signed by at least ten percent of the affected producers; or
(b) A majority of a commodity board may file a petition with the director.
(2) The petitioners must include in the petition at the time of filing:
(a) A statement of why the marketing order or agreement and the commodity board created under it no longer meets [meet] the purposes of this chapter;
(b) The name of a person designated to represent the petitioners; and
(c) The effective date of a marketing order or agreement termination, which may not be less than one year from the date the petition was filed with the director.
(3) Within sixty days of receipt of a petition meeting the requirements of this section, the director shall commence rule-making proceedings to repeal the marketing order or agreement and, subsequently, a referendum on the issue.
(4) The director shall include a copy of a petition to terminate a marketing order or agreement with the notice to affected producers when rule-making proceedings are commenced.
(5) If the petitioners fail to meet the requirements of this chapter, the director shall deny the petition and a referendum vote will not be conducted. The person designated to represent the petitioners shall be notified if a petition is denied.
[ 2002 c 313 § 14.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.185 - Referendum prior to termination of a marketing order or agreement—Procedure—Exceptions.

RCW 15.65.185
Referendum prior to termination of a marketing order or agreement—Procedure—Exceptions.
Except as provided in RCW 15.65.190 or subsection (4) of this section, the director, prior to termination of the marketing order or agreement, shall conduct a referendum as provided in this chapter, the rules adopted by the director, and the applicable marketing order or agreement.
(1) If a referendum on the termination of a marketing order or agreement is assented to, the referendum proposal shall be adopted by the director within thirty days of the count of the ballots and shall go into effect under chapter 34.05 RCW. If those affected producers eligible to vote in the referendum do not assent, no further action shall be taken by the director on the proposal.
(2) The list of affected producers used for conducting a referendum on the termination of a marketing order or agreement shall be kept in the rule-making file by the director. The list shall be certified as a true representation of the referendum mailing list. Inadvertent failure to notify an affected producer does not invalidate a referendum.
(3) The list of affected producers that is certified as the true representation of the mailing list of a referendum shall be used to determine assent as provided for in RCW 15.65.190.
(4) If the director determines that one hundred percent of the affected producers have filed a written application with the director requesting that a marketing order or agreement be terminated, the director may terminate the marketing order or agreement without conducting a referendum. The termination of the marketing order or agreement shall go into effect under chapter 34.05 RCW, but no sooner than at the end of the marketing season then current.
[ 2002 c 313 § 15.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.190 - Termination of agreement or order on assent of producers—Procedure.

RCW 15.65.190
Termination of agreement or order on assent of producers—Procedure.
Any marketing agreement or order shall be terminated if the director finds that fifty-one percent by numbers and fifty-one percent by volume of production of the affected producers within the affected area favor or assent to such termination. The director may ascertain without compliance with the provisions of RCW 15.65.050 through 15.65.130 whether such termination is so assented to or favored whenever twenty percent by numbers or twenty percent by volume of production of said producers file written application with him or her for such termination. No such termination shall become effective until the expiration of the marketing season then current.
[ 2010 c 8 § 6073; 1985 c 261 § 7; 1961 c 256 § 19.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.193 - When marketing order or agreement is terminated—Duties of affected commodity board.

RCW 15.65.193
When marketing order or agreement is terminated—Duties of affected commodity board.
If after complying with the procedures outlined in this chapter and a referendum proposal to terminate a marketing order or agreement is assented to, the affected commodity board shall:
(1) Document the details of all measures undertaken to terminate the marketing order and identify and document all closing costs;
(2) Contact the office of the state auditor and arrange for a final audit of the commodity board. Payment for the audit shall be from commodity board funds and identified in the budget for closing costs;
(3) Provide for the reimbursement to affected producers of moneys collected by assessment. Reimbursement shall be made to those considered affected producers over the previous three-year time frame on a pro rata basis and at a percent commensurate with their volume of production over the previous three-year period unless a different time period is specified in the marketing order or agreement. If the commodity board finds that the amounts of moneys are so small as to make impractical the computation and remitting of the pro rata refund, the moneys shall be paid into the state treasury as unclaimed trust moneys; and
(4) Transfer all remaining files to the department for storage and archiving, as appropriate.
[ 2002 c 313 § 16.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.200 - Lists of affected parties—Information used to establish lists—Purpose and use.

RCW 15.65.200
Lists of affected parties—Information used to establish lists—Purpose and use.
(1) Whenever application is made for the issuance of a marketing agreement or order or the director otherwise determines to hold a hearing for the purpose of such issuance, the director or a designee shall establish a list of affected parties along with volume of production data covering a minimum three-year period, or in such lesser time as the affected party has produced the commodity in question, from information provided by the petitioners, by obtaining information on affected parties from applicable producer, handler, or processor organizations or associations or other sources identified as maintaining the information.
(2) The director shall use the list of affected parties for the purpose of notice, referendum proceedings, and electing and selecting members of commodity boards in accordance with this chapter.
(3) An affected party may at any time file his or her name and mailing address with the director. A list of affected parties may be brought up-to-date by the director up to the day preceding a mailing of a notice or ballot under this chapter and that list is deemed the list of affected parties entitled to vote.
(4) The list of affected parties used for the issuance of a marketing order or agreement shall be kept in a file maintained by the director. The list shall be certified as a true representation of the mailing list. Inadvertent failure to notify an affected party does not invalidate a proceeding conducted under this chapter.
(5) The list of affected parties that is certified as the true representation of the mailing list of a referendum shall be used to determine assent as provided in this chapter.
(6) The director shall provide the commodity board the list of affected and interested parties once a marketing order or agreement is adopted and a commodity board is established as provided in this chapter.
[ 2002 c 313 § 17; 1985 c 261 § 8; 1961 c 256 § 20.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.203 - Certain records exempt from public disclosure—Exceptions—Actions not prohibited by chapter.

RCW 15.65.203
Certain records exempt from public disclosure—Exceptions—Actions not prohibited by chapter.
(1) Pursuant to RCW 42.56.380, certain agricultural business records, commodity board records, and department of agriculture records relating to commodity boards and producers of agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records submitted to either the department or a commodity board for the purpose of administering this chapter or a marketing order or agreement may be shared between the department and the applicable commodity board. They may also be used, if required, in any suit or administrative hearing involving this chapter or a marketing order or agreement.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of a number of persons subject to any marketing order or agreement as long as the statements do not identify the information furnished by any person; or
(b) The publication by the director or a commodity board of the name of any person violating any marketing order or agreement and a statement of the manner of the violation by that person.
[ 2005 c 274 § 216; 2002 c 313 § 18.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.205 - After any vote, referendum, nomination, or election—Affected parties provided results—Disputes.

RCW 15.65.205
After any vote, referendum, nomination, or election—Affected parties provided results—Disputes.
(1) Upon completion of any vote, referendum, or nomination and elections, the department shall tally the results of the vote and provide the results to affected parties.
(2) If an affected party disputes the results of a vote, that affected party, within sixty days from the announced results, shall provide in writing a statement of why the vote is disputed and request a recount.
(3) Once the vote is tallied and distributed, all disputes are resolved, and all matters in a vote are finalized, the individual ballots may be destroyed.
[ 2002 c 313 § 19.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.210 - Powers and duties of director with respect to the administration and enforcement of agreements and orders—Administrator—Personnel.

RCW 15.65.210
Powers and duties of director with respect to the administration and enforcement of agreements and orders—Administrator—Personnel.
The director shall administer, enforce, direct, and control every marketing agreement and order in accordance with its provisions. For such purposes he or she shall include in each order and he or she may include in each agreement provisions for the employment of such administrator and such additional personnel (including attorneys engaged in the private practice of law, subject to the approval and supervision of the attorney general) as he or she determines are necessary and proper for such order or agreement to effectuate the declared policies of this chapter. Such provisions may provide for the qualifications, method of selection, term of office, grounds of dismissal, and the detailed powers and duties to be exercised by such administrator or board and by such additional personnel, including the authority to borrow money and incur indebtedness, and may also provide either that the said administrative board shall be the commodity board or that the administrator or administrative board be designated by the director or the governor.
[ 2010 c 8 § 6074; 1977 ex.s. c 26 § 4; 1961 c 256 § 21.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.220 - Commodity boards—Membership—Marketing agreement or order to establish and control—Director votes.

RCW 15.65.220
Commodity boards—Membership—Marketing agreement or order to establish and control—Director votes.
(1) Every marketing agreement and order shall provide for the establishment of a commodity board of not less than five nor more than thirteen members and shall specify the exact number thereof and all details as to (a) qualification, (b) nomination, (c) election or appointment by the director, (d) term of office, and (e) powers, duties, and all other matters pertaining to such board.
(2) The members of the board shall be producers or handlers or both in such proportion as the director shall specify in the marketing agreement or order, but in any marketing order or agreement the number of handlers on the board shall not exceed the number of producers thereon. The marketing order or agreement may provide that a majority of the board be appointed by the director, but in any event, no less than one-third of the board members shall be elected by the affected producers.
(3) In the event that the marketing order or agreement provides that a majority of the commodity board be appointed by the director, the marketing order or agreement shall incorporate the provisions of RCW 15.65.243 for board member selection.
(4) The director shall appoint to every board one member who represents the director. The director shall be a voting member of each commodity board.
[ 2003 c 396 § 9; 2002 c 313 § 20; 1961 c 256 § 22.]
NOTES:
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.230 - Qualifications of members of commodity boards.

RCW 15.65.230
Qualifications of members of commodity boards.
A producer member of each commodity board must be a practical producer of the affected commodity and must be a citizen, resident of this state, and over the age of eighteen years. Each producer board member must be and have been actually engaged in producing such a commodity within the state of Washington for a period of five years and have, during that period, derived a substantial portion of his or her income therefrom and not be engaged in business, directly or indirectly, as a handler or other dealer. A handler member of each board must be a practical handler of the affected commodity and must be a citizen, resident of this state, and over the age of eighteen years. Each handler board member must be and have been, either individually or as an officer or employee of a corporation, firm, partnership, association, or cooperative, actually engaged in handling such a commodity within the state of Washington for a period of five years and have, during that period, derived a substantial portion of his or her income therefrom. The qualification of a member of the board as set forth in this section must continue during the term of office.
[ 2002 c 313 § 21; 2001 c 315 § 5; 1961 c 256 § 23.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.235 - Producer-handlers as producers for membership purposes—Exception.

RCW 15.65.235
Producer-handlers as producers for membership purposes—Exception.
Whenever any commodity board is formed under the provisions of this chapter and it only affects producers and producer-handlers, then such producer-handlers shall be considered to be acting only as producers for purpose of membership on a commodity board: PROVIDED, That this section shall not apply to a commodity board which only affects producers and producer-handlers of essential oils.
[ 2002 c 313 § 22; 1971 c 25 § 1.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.