reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.280 - Nursery dealer licenses—Farmers markets—Application—Fees—Expiration—Posting—Audit.

RCW 15.13.280
Nursery dealer licenses—Farmers markets—Application—Fees—Expiration—Posting—Audit.
(1) No person may act as a nursery dealer without a license for each place of business where horticultural plants are sold except as provided in RCW 15.13.270. Any person applying for such a license must apply through the business licensing system. The application must be accompanied by the appropriate fee. The director must establish a schedule of fees for retail and wholesale nursery dealer licenses based upon the person's gross annual sales of horticultural plants at each place of business. The schedule for retail licenses must include separate fees for at least the following two categories:
(a) A person whose gross annual sales of horticultural plants do not exceed two thousand five hundred dollars; and
(b) A person whose gross annual sales of horticultural plants exceed two thousand five hundred dollars.
(2) A person conducting both retail and wholesale sales of horticultural plants at the same place of business must secure one of the following:
(a) A retail nursery dealer license if retail sales of the horticultural plants exceed such wholesale sales; or
(b) A wholesale nursery dealer license if wholesale sales of the horticultural plants exceed such retail sales.
(3) The director may issue a wholesale nursery dealer license to a person operating as a farmers market at which individual producers are selling directly to consumers. The license must be at the appropriate level to cover all persons selling horticultural plants at each site at which the person operates a market.
(4) The licensing fee that must accompany an application for a new license must be based upon the applicant's estimated gross sales of horticultural plants for the ensuing licensing year. The fee for renewing a license must be based upon the licensee's gross sales of these products during the preceding licensing year.
(5) The license expires on the business license expiration date unless it has been revoked or suspended prior to the expiration date by the director for cause. Each license must be posted in a conspicuous place open to the public in the location for which it was issued.
(6) The department may audit licensees during normal business hours to determine that appropriate fees have been paid.
[ 2013 c 144 § 3; 2000 c 144 § 6; 1993 c 120 § 4; 1987 c 35 § 1; 1985 c 36 § 4; 1983 1st ex.s. c 73 § 3; 1982 c 182 § 20; 1971 ex.s. c 33 § 4.]
NOTES:
Business licensing
expiration date: RCW 19.02.090.
system
generally: RCW 15.13.250.
to include additional licenses: RCW 19.02.110.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.285 - Nursery dealer licenses—Fee surcharge.

RCW 15.13.285
Nursery dealer licenses—Fee surcharge.
The director may, with the advice of the nursery advisory committee, establish by rule a surcharge to the fee for a nursery dealer license. The surcharge shall not exceed twenty percent of the license fee and shall be paid at the same time that the license fee is paid. Moneys collected from the surcharge shall be deposited in the agricultural local fund and shall be used solely to support research projects which are of general benefit to the nursery industry and are recommended by the nursery advisory committee.
[ 2000 c 144 § 7; 1992 c 23 § 1.]
NOTES:
Effective date—1992 c 23: "This act shall take effect on July 1, 1992." [ 1992 c 23 § 2.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.290 - Nursery dealer licenses—Additional charge for late renewal.

RCW 15.13.290
Nursery dealer licenses—Additional charge for late renewal.
If any application for renewal of a nursery dealer license is not filed prior to the business license expiration date, the business license delinquency fee must be assessed under chapter 19.02 RCW and must be paid by the applicant before the renewal license is issued.
[ 2013 c 144 § 4; 2000 c 144 § 8; 1982 c 182 § 21; 1971 ex.s. c 33 § 5.]
NOTES:
Business licensing
delinquency fee—Rate—Disposition: RCW 19.02.085.
expiration date: RCW 19.02.090.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.300 - Nursery dealer licenses—Application—Contents.

RCW 15.13.300
Nursery dealer licenses—Application—Contents.
Application for a license shall include:
(1) The full name of the person applying for the license and if the applicant is an individual, receiver, trustee, firm, partnership, association, or corporation, the full name of each member of the firm or partnership, or the names of the officers of the association or corporation.
(2) The principal business address of the applicant in the state and elsewhere.
(3) The address for the location or locations for which the licenses are being applied.
(4) The names of the persons authorized to receive and accept service of summons and legal notices of all kinds for the applicant.
(5) Any other necessary information prescribed by the director.
[ 2000 c 144 § 9; 1982 c 182 § 22; 1971 ex.s. c 33 § 6.]
NOTES:
Business license system generally: Chapter 19.02 RCW.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.310 - Assessment on gross sale price of wholesale market value of certain horticultural plants—Method for determining—Due date—Gross sale period—Audit.

RCW 15.13.310
Assessment on gross sale price of wholesale market value of certain horticultural plants—Method for determining—Due date—Gross sale period—Audit.
(1) An annual assessment shall be levied on the gross sale price of the wholesale market value for all horticultural plants of the genera Chaenomeles, Cydonia, Crataegus, Malus, Prunus, Pyrus, Sorbus, and Vitis produced in Washington, and sold within the state or shipped from the state by any licensed nursery dealer during any license period. This annual assessment is based on the first sale price of such nursery stock except for rootstocks which are replanted and/or grafted or budded and planted for growing-on in the nursery. The director shall by rule determine the rate of an assessment needed to carry out the grapevine and fruit tree certification and nursery improvement programs set forth in RCW 15.13.470 and chapter 15.14 RCW.
The wholesale market price may be determined by the wholesale catalogue price of the seller of the horticultural plants assessed under this section or of the shipper moving such nursery stock out of the state. If the seller or shipper does not have a catalogue, then the wholesale market price may be based on the actual selling price or an average wholesale market price. The director in determining the average wholesale market price may use catalogues of various businesses licensed under the provisions of this chapter or any other reasonable method.
(2) The assessment is due and payable on the first day of July of each year.
(3) The gross sale period shall be from July 1 to June 30 of the previous year.
(4) The department may audit the records of licensees during normal business hours to determine that the appropriate assessment has been paid.
[ 2002 c 215 § 1; 2000 c 144 § 10; 1993 c 120 § 5; 1990 c 261 § 4; 1987 c 35 § 2; 1983 1st ex.s. c 73 § 4; 1971 ex.s. c 33 § 7.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.311 - Christmas tree grower exemptions—License—Fees.

RCW 15.13.311
Christmas tree grower exemptions—License—Fees. (Expires July 1, 2030.)
(1) Any Christmas tree grower owning Christmas trees, whose business consists solely of retail sales to the ultimate consumer, is exempt from the requirements of this section if:
(a) The grower has less than one acre of Christmas trees; or
(b) The grower harvests, by u-cut or otherwise, fewer than four hundred Christmas trees per year.
(2) Licensed nursery dealers who furnish live plants for planting to Christmas tree growers are exempt from the requirements of this section.
(3) No person may operate as a Christmas tree grower without first obtaining a license from the department.
(a) The application must be accompanied by an annual fee, as established by the director in rule. The annual fee must not exceed forty dollars as a basic charge and a maximum of four dollars per acre as an acreage assessment. The annual Christmas tree grower license fee for any person may not exceed five thousand dollars.
(b) The department may audit licensees during normal business hours to determine that appropriate fees have been paid.
[ 2007 c 335 § 5.]
NOTES:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.312 - Christmas tree grower license—Application.

RCW 15.13.312
Christmas tree grower license—Application. (Expires July 1, 2030.)
Application for a Christmas tree grower license shall include:
(1) The full name of the person applying for the license, whether the applicant is an individual, receiver, trustee, firm, partnership, association, or corporation, and if the applicant is a firm or partnership the full name of each member of the firm or partnership, and if the applicant is an association or corporation the names of the officers of the association or corporation;
(2) The principal business address of the applicant in the state and elsewhere;
(3) The address and acreage of Christmas trees for each location included in the application;
(4) The names of the persons authorized to receive and accept service of summons and legal notices of all kinds for the applicant; and
(5) Any other information prescribed by the director.
[ 2007 c 335 § 6.]
NOTES:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.314 - Christmas tree program—Advisory committee.

RCW 15.13.314
Christmas tree program—Advisory committee. (Expires July 1, 2030.)
(1) An advisory committee is established to advise the director in the administration of the Christmas tree program.
(2) When appointing this committee, the director shall consider names submitted by Christmas tree growers and by established Christmas tree grower associations having members in the state.
(3) The committee consists of no fewer than five members, representing the interests of licensed Christmas tree growers and the Christmas tree industry, and the director or the director's designee.
(4) The terms of the members of the committee shall be staggered and the members shall serve a term of three years or until their successor has been appointed.
(5) In the event a committee member resigns, is disqualified, or vacates a position on the committee for any other reason, the vacancy shall be filled by the director under the provisions of this section governing appointments.
[ 2007 c 335 § 8.]
NOTES:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.315 - Grapevine certification and nursery improvement program—Advisory committee.

RCW 15.13.315
Grapevine certification and nursery improvement program—Advisory committee.
An advisory committee is established to advise the director in the administration of the grapevine certification and nursery improvement program.
(1) The committee consists of two grapevine nursery dealers; three grape growers, at least two of whom grow wine grapes; one winery representative; a university researcher; and the director.
(2) When appointing this committee, the director shall consider names submitted by the Washington association of wine grape growers and the Washington state grape society.
(3) The terms of the members of the committee shall be staggered and the members shall serve a term of three years and until their successor has been appointed.
[ 2002 c 215 § 2.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.320 - Fruit tree certification and nursery improvement program—Advisory committee.

RCW 15.13.320
Fruit tree certification and nursery improvement program—Advisory committee.
An advisory committee is hereby established to advise the director in the administration of the fruit tree certification and nursery improvement program.
(1) The committee shall consist of five fruit tree nursery dealers and the director or the director's designated appointee.
(2) When appointing this committee, the director shall consider names submitted by the Washington state nursery and landscape association.
(3) The terms of the members of the committee shall be staggered and the members shall serve a term of three years and until their successor has been appointed.
In the event a committee member resigns, is disqualified, or vacates a position on the committee for any other reason the vacancy shall be filled by the director under the provisions of this section governing appointments.
[ 2000 c 144 § 11; 1993 c 120 § 6; 1990 c 261 § 5; 1983 1st ex.s. c 73 § 5; 1971 ex.s. c 33 § 8.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.335 - Nursery advisory committee—Members—Terms.

RCW 15.13.335
Nursery advisory committee—Members—Terms.
A nursery advisory committee is hereby established to advise the director in the administration of this chapter.
(1) The committee shall consist of not less than four members, representing the interests of licensed nursery dealers and the nursery industry, appointed by the director in consultation with the following persons: The president of (a) the Washington state floricultural association, (b) the Washington state bulb association, and (c) the Washington state nursery and landscape association; and the director or the director's designated appointee.
(2) The terms of the members of the committee shall be staggered and the members shall serve a term of three years and until their successors have been appointed.
In the event a committee member resigns, is disqualified, or vacates a position on the committee for any other reason, the vacancy shall be filled by the director under the provisions of this section governing appointments.
[ 2000 c 144 § 12; 1990 c 261 § 6; 1983 1st ex.s. c 73 § 6.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.340 - Late fee on delinquent assessments.

RCW 15.13.340
Late fee on delinquent assessments. (Effective until July 1, 2030.)
(1) A late fee of twenty percent of the amount due shall be levied on all delinquent assessments for each license period the assessment is delinquent.
(2) The director shall not issue a nursery dealer license or Christmas tree grower license to any applicant who has failed to pay any assessment due under the provisions of this chapter.
[ 2007 c 335 § 9; 2000 c 144 § 13; 1971 ex.s. c 33 § 10.]
NOTES:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
(1) A late fee of twenty percent of the amount due shall be levied on all delinquent assessments for each license period the assessment is delinquent.
(2) The director shall not issue a nursery dealer license to any applicant who has failed to pay any assessment due under the provisions of this chapter.
[ 2000 c 144 § 13; 1971 ex.s. c 33 § 10.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.360 - Hearings—Subpoenas.

RCW 15.13.360
Hearings—Subpoenas.
The director may issue subpoenas to compel the attendance of witnesses and/or production of books, documents, and records for purposes of investigating compliance with this chapter or for any hearing under this chapter.
[ 2000 c 144 § 14; 1971 ex.s. c 33 § 12.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.370 - Request by licensee for inspector's services during shipping season—Certificate of inspection—Other requests for inspection and/or certification services—Fees.

RCW 15.13.370
Request by licensee for inspector's services during shipping season—Certificate of inspection—Other requests for inspection and/or certification services—Fees. (Effective until July 1, 2030.)
(1) Any person licensed under the provisions of this chapter may request the services of a department inspector at the licensee's place of business or point of shipment during the shipping season. Subsequent to inspection the inspector shall issue to the licensee a certificate of inspection signed by the inspector covering any horticultural plants or Christmas trees which the inspector finds to be in compliance with the provisions of this chapter.
(2) Any person financially interested in any horticultural plants or Christmas trees may request inspection and/or certification services provided for horticultural plants or Christmas trees under this chapter.
(3) To facilitate the marketing of agricultural commodities and other plant products, the director may provide, if requested, special inspections or certifications not otherwise authorized under this chapter and shall prescribe a fee for that service.
[ 2007 c 335 § 10; 2002 c 215 § 3; 2000 c 144 § 15; 1993 c 120 § 8; 1990 c 261 § 8; 1971 ex.s. c 33 § 13.]
NOTES:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
(1) Any person licensed under the provisions of this chapter may request the services of a department inspector at the licensee's place of business or point of shipment during the shipping season. Subsequent to inspection the inspector shall issue to the licensee a certificate of inspection signed by the inspector covering any horticultural plants which the inspector finds to be in compliance with the provisions of this chapter.
(2) Any person financially interested in any horticultural plants may request inspection and/or certification services provided for horticultural plants under this chapter.
(3) To facilitate the marketing of agricultural commodities and other plant products, the director may provide, if requested, special inspections or certifications not otherwise authorized under this chapter and shall prescribe a fee for that service.
[ 2002 c 215 § 3; 2000 c 144 § 15; 1993 c 120 § 8; 1990 c 261 § 8; 1971 ex.s. c 33 § 13.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.380 - Inspection fees—When due and payable—Arrears.

RCW 15.13.380
Inspection fees—When due and payable—Arrears.
(1) The inspection fees provided for in this chapter shall become due and payable upon billing by the department.
(2) A late charge of one and one-half percent per month shall be assessed on the unpaid balance against persons more than thirty days in arrears.
(3) In addition to any other penalties, the director may refuse to perform any inspection or certification service for any person who is in arrears or who fails to pay any assessment due under the provisions of this chapter or assessments required by law to any agricultural commodity commission unless the person makes payment in full prior to such inspection or certification service.
[ 2000 c 144 § 16; 1990 c 261 § 9; 1971 ex.s. c 33 § 14.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.390 - Unlawful selling, shipment, or transport of horticultural plants or Christmas trees within state, when.

RCW 15.13.390
Unlawful selling, shipment, or transport of horticultural plants or Christmas trees within state, when. (Effective until July 1, 2030.)
It is unlawful for any person to sell, ship, or transport any horticultural plant or Christmas tree in this state unless it meets standards established in rule for freedom from infestation by plant pests and the other requirements of this chapter.
[ 2007 c 335 § 11; 2000 c 144 § 17; 1993 c 120 § 9; 1971 ex.s. c 33 § 15.]
NOTES:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
It is unlawful for any person to sell, ship, or transport any horticultural plant in this state unless it meets standards established in rule for freedom from infestation by plant pests and the other requirements of this chapter.
[ 2000 c 144 § 17; 1993 c 120 § 9; 1971 ex.s. c 33 § 15.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.400 - Unlawful shipment or delivery of horticultural plants into state, when—Certificate and inspection requirements—Christmas trees—Rules—Hearing.

RCW 15.13.400
Unlawful shipment or delivery of horticultural plants into state, when—Certificate and inspection requirements—Christmas trees—Rules—Hearing. (Effective until July 1, 2030.)
(1) It is unlawful for any person to ship or deliver any horticultural plant into this state unless it is accompanied by an inspection certificate from the state or country of origin stating that the horticultural plant meets the requirements of this chapter. The director may require the shipper or receiver to file a copy of the manifest of nursery cargo or shipment of horticultural plants into this state with the director on or before the date the horticultural plants enter into the state.
(2) The director may by rule require that any or all horticultural plants or Christmas trees delivered or shipped into the state be inspected for conformance with the requirements of this chapter prior to release by the person delivering or transporting such horticultural plants or Christmas trees even though accompanied by acceptable inspection certificates issued by the state or country of origin.
(3) Any shipment found not to be in compliance with the requirements of this chapter may be returned to the consignor at the consignor's expense. The consignor may subsequently request a hearing which shall be held in conformance with RCW 34.05.479 or other applicable provision of chapter 34.05 RCW.
[ 2007 c 335 § 12; 2000 c 144 § 18; 1993 c 120 § 10; 1971 ex.s. c 33 § 16.]
NOTES:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
(1) It is unlawful for any person to ship or deliver any horticultural plant into this state unless it is accompanied by an inspection certificate from the state or country of origin stating that the horticultural plant meets the requirements of this chapter. The director may require the shipper or receiver to file a copy of the manifest of nursery cargo or shipment of horticultural plants into this state with the director on or before the date the horticultural plants enter into the state.
(2) The director may by rule require that any or all such horticultural plants delivered or shipped into the state be inspected for conformance with the requirements of this chapter prior to release by the person delivering or transporting such horticultural plants even though accompanied by acceptable inspection certificates issued by the state or country of origin.
(3) Any shipment found not to be in compliance with the requirements of this chapter may be returned to the consignor at the consignor's expense. The consignor may subsequently request a hearing which shall be held in conformance with RCW 34.05.479 or other applicable provision of chapter 34.05 RCW.
[ 2000 c 144 § 18; 1993 c 120 § 10; 1971 ex.s. c 33 § 16.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.410 - Shipments into state to be marked or tagged.

RCW 15.13.410
Shipments into state to be marked or tagged.
Each shipment of horticultural plants transported or shipped into the state and/or offered for retail sale within the state shall be legibly marked or tagged in a conspicuous manner.
The director may, whenever the director finds that any horticultural plant is not properly marked, order it off sale until it is properly marked, or order that it be returned to the consignor for proper marking.
[ 2000 c 144 § 19; 1993 c 120 § 11; 1990 c 261 § 10; 1971 ex.s. c 33 § 17.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.420 - Unlawful acts enumerated.

RCW 15.13.420
Unlawful acts enumerated. (Effective until July 1, 2030.)
It is unlawful for any person:
(1) To falsely claim to be an agent or representative of any nursery dealer in horticultural plants or Christmas tree grower;
(2) To sell or distribute horticultural plants by any method which has the capacity and tendency or effect of deceiving any purchaser or prospective purchaser as to the quantity, size, grade, kind, species, age, method of propagation, maturity, condition, vigor, hardiness, number of times transplanted, growth ability, growth characteristics, rate of growth or time required before flowering or fruiting, price, origin or place where grown, or in any other material respect;
(3) To alter an official certificate or other official inspection document for plant materials, including Christmas trees, covered by this chapter or to falsely represent a document as an official certificate;
(4) To substitute any horticultural plant, Christmas tree, or agricultural commodity for a horticultural plant, Christmas tree, or agricultural commodity covered by an inspection certificate.
[ 2007 c 335 § 13; 2000 c 144 § 20; 1993 c 120 § 12; 1990 c 261 § 11; 1971 ex.s. c 33 § 18.]
NOTES:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
It is unlawful for any person:
(1) To falsely claim to be an agent or representative of any nursery dealer in horticultural plants;
(2) To sell or distribute horticultural plants by any method which has the capacity and tendency or effect of deceiving any purchaser or prospective purchaser as to the quantity, size, grade, kind, species, age, method of propagation, maturity, condition, vigor, hardiness, number of times transplanted, growth ability, growth characteristics, rate of growth or time required before flowering or fruiting, price, origin or place where grown, or in any other material respect;
(3) To alter an official certificate or other official inspection document for plant materials covered by this chapter or to falsely represent a document as an official certificate;
(4) To substitute any horticultural plant or agricultural commodity for a horticultural plant or agricultural commodity covered by an inspection certificate.
[ 2000 c 144 § 20; 1993 c 120 § 12; 1990 c 261 § 11; 1971 ex.s. c 33 § 18.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.425 - False advertisements.

RCW 15.13.425
False advertisements.
No publisher, radio and television broadcast licensee, advertising agency, or agency or medium for the dissemination of an advertisement, except the grower, packer, distributor, or seller of the article to which the advertisement relates, shall be subject to the penalties of RCW 15.13.490(2) by reason of dissemination of any false advertisement, unless the person has refused on the request of the director to furnish the name and address of the grower, packer, distributor, seller, or advertising agency in the state of Washington, who caused dissemination of the false advertisement.
[ 2000 c 144 § 21; 1993 c 120 § 13.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.430 - Hold order on damaged, infested, or infected horticultural plants or Christmas trees—Selling or moving unlawful.

RCW 15.13.430
Hold order on damaged, infested, or infected horticultural plants or Christmas trees—Selling or moving unlawful. (Effective until July 1, 2030.)
When the director has cause to believe that any horticultural plants or Christmas trees are damaged or are infested or infected by any plant pest, the director may issue a hold order on such horticultural plants or Christmas trees. A hold order may prescribe conditions under which the damaged, infested, or infected material must be held to prevent spread of the infestation or infection. Treatment or other corrective measures shall be the sole responsibility of the persons holding the material for sale. It is unlawful to sell or move such plants until released in writing by the director.
[ 2007 c 335 § 14; 2000 c 144 § 22; 1993 c 120 § 14; 1971 ex.s. c 33 § 19.]
NOTES:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
When the director has cause to believe that any horticultural plants are damaged or are infested or infected by any plant pest, the director may issue a hold order on such horticultural plants. A hold order may prescribe conditions under which plants must be held to prevent spread of the infestation or infection. Treatment or other corrective measures shall be the sole responsibility of the persons holding the plant material for sale. It is unlawful to sell or move such plants until released in writing by the director.
[ 2000 c 144 § 22; 1993 c 120 § 14; 1971 ex.s. c 33 § 19.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.440 - Order of condemnation—Grounds for issuance.

RCW 15.13.440
Order of condemnation—Grounds for issuance. (Effective until July 1, 2030.)
The director shall condemn any horticultural plants shipped or sold when such horticultural plants are found to be dead, in a dying condition, seriously broken, diseased or infested to the extent that treatment is not practical, damaged, frozen, or abnormally potbound. The director shall condemn any Christmas trees shipped or sold if they are found to be diseased, infected, or infested to the extent that treatment is not practical. The director shall order such horticultural plants or Christmas trees to be destroyed or returned at shipper's option.
[ 2007 c 335 § 15; 2000 c 144 § 23; 1993 c 120 § 15; 1990 c 261 § 12; 1971 ex.s. c 33 § 20.]
NOTES:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
The director shall condemn any horticultural plants shipped or sold when such horticultural plants are found to be dead, in a dying condition, seriously broken, diseased or infested to the extent that treatment is not practical, damaged, frozen, or abnormally potbound. The director shall order such horticultural plants to be destroyed or returned at shipper's option.
[ 2000 c 144 § 23; 1993 c 120 § 15; 1990 c 261 § 12; 1971 ex.s. c 33 § 20.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.445 - Order or action of director—Hearing opportunity.

RCW 15.13.445
Order or action of director—Hearing opportunity.
Upon issuance of an order or upon action by the director under RCW 15.13.400, 15.13.410, 15.13.430, or 15.13.440, the consignor of the plant material may request a hearing under chapter 34.05 RCW.
[ 2000 c 144 § 24; 1993 c 120 § 16.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.447 - Prohibition on recovery of damages.

RCW 15.13.447
Prohibition on recovery of damages.
No state court shall allow the recovery of damages from administrative action, hold order, or condemnation order if the court finds there was probable cause for the action.
[ 2000 c 144 § 25.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.450 - Injunction to prevent violations.

RCW 15.13.450
Injunction to prevent violations.
The director may bring an action to enjoin the violation of any provision of this chapter or any rule adopted under this chapter in the superior court in Thurston county or the county in which the violation occurs, notwithstanding the existence of other remedies at law.
[ 2000 c 144 § 26; 1971 ex.s. c 33 § 21.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.455 - Injunction to restrain operation as nursery dealer or Christmas tree grower without valid license—Costs, attorneys' fees, and expenses.

RCW 15.13.455
Injunction to restrain operation as nursery dealer or Christmas tree grower without valid license—Costs, attorneys' fees, and expenses. (Effective until July 1, 2030.)
(1) The director may apply to the superior court of Thurston county for a prompt hearing on, and the court shall have jurisdiction upon, and for cause shown the court shall, without proof that an adequate remedy at law does not exist, grant an injunction restraining any person from operating as a nursery dealer or Christmas tree grower without a valid license.
(2) An order restraining any person from operating as a nursery dealer or Christmas tree grower without a valid license shall contain such provision for the payment of pertinent court costs and reasonable attorneys' fees and administrative expenses as is equitable and the court deems appropriate in the circumstances.
[ 2007 c 335 § 16; 2000 c 144 § 27; 1983 1st ex.s. c 73 § 7.]
NOTES:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
(1) The director may apply to the superior court of Thurston county for a prompt hearing on, and the court shall have jurisdiction upon, and for cause shown the court shall, without proof that an adequate remedy at law does not exist, grant an injunction restraining any person from operating as a nursery dealer without a valid license.
(2) An order restraining any person from operating as a nursery dealer without a valid license shall contain such provision for the payment of pertinent court costs and reasonable attorneys' fees and administrative expenses as is equitable and the court deems appropriate in the circumstances.
[ 2000 c 144 § 27; 1983 1st ex.s. c 73 § 7.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.477 - Compliance agreements.

RCW 15.13.477
Compliance agreements.
The director may enter into compliance agreements with any person for the purpose of carrying out the provisions of this chapter.
[ 2000 c 144 § 29.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.480 - Cooperative contracts or agreements to further chapter—Agreements to facilitate export.

RCW 15.13.480
Cooperative contracts or agreements to further chapter—Agreements to facilitate export.
The director may cooperate with and enter into contracts or agreements with governmental agencies of this state and other states, agencies of the federal government, and any other organization in order to carry out the purpose and provisions of this chapter.
The director may enter into agreements with the United States department of agriculture for the purpose of issuing phytosanitary certificates and other inspection documents, according to federal procedures, to facilitate the export of products from the state.
[ 2000 c 144 § 30; 1993 c 120 § 18; 1971 ex.s. c 33 § 26.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.490 - Compliance with chapter—Violation—Penalties.

RCW 15.13.490
Compliance with chapter—Violation—Penalties. (Effective until July 1, 2030.)
Any person who fails to comply with this chapter may be subject to:
(1) Denial, revocation, or suspension of the person's nursery dealer license or Christmas tree grower license; and/or
(2) A civil penalty in an amount of not more than one thousand dollars for each violation. Each violation shall be a separate and distinct offense. Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated this section and may be subject to the civil penalty provided in this section.
[ 2007 c 335 § 18; 2000 c 144 § 31; 1990 c 261 § 14; 1985 c 36 § 6; 1971 ex.s. c 33 § 27.]
NOTES:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
Any person who fails to comply with this chapter may be subject to:
(1) Denial, revocation, or suspension of the person's nursery dealer license; and/or
(2) A civil penalty in an amount of not more than one thousand dollars for each violation. Each violation shall be a separate and distinct offense. Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated this section and may be subject to the civil penalty provided in this section.
[ 2000 c 144 § 31; 1990 c 261 § 14; 1985 c 36 § 6; 1971 ex.s. c 33 § 27.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.500 - Suspension of license—Reissuance.

RCW 15.13.500
Suspension of license—Reissuance. (Expires July 1, 2030.)
The department shall immediately suspend any license issued under this chapter if the holder of the license has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for licensure during the suspension, reissuance of the license shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.
[ 2007 c 335 § 7.]
NOTES:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.920 - Chapter cumulative and nonexclusive.

RCW 15.13.920
Chapter cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1971 ex.s. c 33 § 22.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.14 - Planting Stock. › 15.14.010 - Definitions.

RCW 15.14.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of agriculture of the state of Washington.
(2) "Director" means the director of the department or the director's designee.
(3) "Person" means an individual, firm, partnership, corporation, company, association, or public entity and every officer, agent, or employee of these entities.
(4) "Plant pests" means, but is not limited to, any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or weeds or reproductive parts thereof, viruses or any organisms similar to or allied with any of the foregoing, or any infectious substance, which can directly or indirectly injure or cause disease or damage to any plant or parts thereof, or any processed, manufactured, or other products of plants.
(5) "Micropropagated plants" means plants propagated using aseptic laboratory techniques and an artificial culture medium.
(6) "Tolerance" means the maximum acceptable percentage of planting stock that is diseased, infected by plant pests, defective, or off-type based on visual inspection or laboratory testing by the director or other authorized person.
(7) "Planting stock" includes any plant material used in the propagation of horticultural, floricultural, viticultural, or olericultural plants for the purpose of being sold, offered for sale, or distributed for planting or reproduction purposes.
(8) "Breeder planting stock" means plant propagating materials directly controlled by the originating or sponsoring plant breeder or institution, which provides the source of foundation planting stock.
(9) "Foundation planting stock" means planting stock that has been so handled as to maintain genetic characteristics and that has been:
(a) Increased directly from breeder planting stock; or
(b) Designated as foundation planting stock by the director.
(10) "Registered planting stock" means planting stock of a quality suitable for the production of certified planting stock that has been so handled as to maintain genetic characteristics and that is:
(a) Increased directly from foundation or registered planting stock; or
(b) Designated as registered planting stock by the director.
(11) "Certified planting stock" means the progeny of foundation, registered, or certified planting stock that has been so handled as to maintain genetic characteristics, that has met certification standards authorized by this chapter, and that has been certified by the director.
[ 1999 c 144 § 1; 1989 c 354 § 84; 1983 c 3 § 19; 1961 c 83 § 1.]
NOTES:
Effective date—1989 c 354 §§ 70-81 and 84-86: See note following RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.14 - Planting Stock. › 15.14.015 - Rules—Scope.

RCW 15.14.015
Rules—Scope.
The director may adopt rules necessary to carry out the purpose and provisions of this chapter concerning, but not limited to:
(1) Certification of planting stock as to freedom from infection by plant pests, variety, classification, and grade.
(2) Establishment of tolerances for planting stock that is diseased, infected with plant pests, defective, or off-type.
(3) Establishment of standards and grades for planting stock.
(4) Labeling, identification, grading, and packing of foundation, registered, and certified planting stock.
(5) Inspection and testing of foundation, registered, and certified planting stock prior to planting during the growing season or seasons, prior to and during harvest, and subsequent to harvest.
(6) Exclusion and removal of diseased, infected with plant pests, defective, or off-type plants from foundation, registered, and certified planting stock.
(7) Establishing processes, site requirements, and criteria for participation in programs authorized by this chapter.
(8) Cultivation and sanitation practices in growing, storing, distributing, and processing foundation, registered, and certified planting stock.
(9) Establishing recordkeeping requirements.
(10) Production, utilization, and testing of micropropagated plants for foundation, registered, and certified planting stock.
(11) Establishment of fees and assessments for inspection, testing, and certification of planting stock and other services authorized by this chapter.
[ 1999 c 144 § 2; 1961 c 83 § 3. Formerly RCW 15.14.030.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.14 - Planting Stock. › 15.14.025 - Certificates—Samples for inspection and testing—Publish information—Notify purchasers of results.

RCW 15.14.025
Certificates—Samples for inspection and testing—Publish information—Notify purchasers of results.
The director may:
(1) Issue certificates stating that planting stock found by the director or other authorized person to be in compliance with rules adopted under this chapter is foundation, registered, or certified planting stock.
(2) Take samples in reasonable amounts as necessary of planting stock to inspect and test for genetic characteristics and/or freedom from infection by plant pests.
(3) Publish names of growers participating in certification programs and inspection results.
(4) Require growers participating in certification programs to notify purchasers of planting stock when postharvest inspections or tests show the planting stock represented as foundation, registered, or certified has failed to meet minimum standards for certification.
[ 1999 c 144 § 3; 1961 c 83 § 7. Formerly RCW 15.14.070.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.14 - Planting Stock. › 15.14.035 - Inspection of property, premises, or records—Denial of access—Search warrant.

RCW 15.14.035
Inspection of property, premises, or records—Denial of access—Search warrant.
In order to carry out the purposes of this chapter, the director may enter at reasonable times as determined by the director and inspect any property or premises and any records required under this chapter. If the director is denied access to any property, premises, or records, the director may suspend, cancel, or refuse certification or other approval of the planting stock or may apply to a court of competent jurisdiction for a search warrant authorizing access to the property, premises, or records. The court may upon the application issue a search warrant for the purpose requested.
[ 1999 c 144 § 4.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.14 - Planting Stock. › 15.14.045 - Compliance agreements authorized—Suspension or cancellation—Hearing.

RCW 15.14.045
Compliance agreements authorized—Suspension or cancellation—Hearing.
The director may enter into compliance agreements with any grower of foundation, registered, or certified planting stock for the purpose of carrying out the provisions of this chapter. The director may suspend or cancel any compliance agreement for cause. Upon notice by the director to suspend or cancel a compliance agreement, a person may request a hearing under chapter 34.05 RCW.
[ 1999 c 144 § 5.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.14 - Planting Stock. › 15.14.050 - Registered, foundation, and breeder planting stock—Availability to producers and commercial growers—Restrictions on use—Fees.

RCW 15.14.050
Registered, foundation, and breeder planting stock—Availability to producers and commercial growers—Restrictions on use—Fees.
For purposes of maintaining and/or improving the genetic characteristics and freedom from infection by plant pests of any registered, foundation, and breeder planting stock, the director may acquire, propagate, and distribute registered, foundation, and breeder planting stock to producers and commercial growers. The director may charge fees for the planting stock and may place restrictions on its use and propagation by producers and commercial growers.
[ 1999 c 144 § 6; 1961 c 83 § 5.]