reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.410 - Director's duty to enforce—Adoption of rules.

RCW 15.80.410
Director's duty to enforce—Adoption of rules.
The director shall enforce and carry out the provisions of this chapter and may adopt the necessary rules to carry out its purposes. The adoption of rules shall be subject to the provisions of chapter 34.05 RCW (administrative procedure act), as enacted or hereafter amended, concerning the adoption of rules.
[ 2017 c 158 § 2; 1969 ex.s. c 100 § 12.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.420 - Highway transport of commodities sold by weight—Weighing required—Exceptions.

RCW 15.80.420
Highway transport of commodities sold by weight—Weighing required—Exceptions.
It shall be a violation of this chapter to transport by highway any hay, straw, or grain which has been purchased by weight or will be purchased by weight, unless it is weighed and a certified weight ticket is issued thereon, by the first licensed public weighmaster which would be encountered on the ordinary route to the destination where the hay, straw, or grain is to be unloaded: PROVIDED, HOWEVER, That this section shall not apply to the following:
(1) The transportation of, or sale of, hay, straw, or grain by the primary producer thereof;
(2) The transportation of hay, straw, or grain by an agriculturalist for use in his or her own growing, or animal or poultry husbandry endeavors;
(3) The transportation of grain by a party who is either a warehouse operator or grain dealer and who is licensed under the grain warehouse laws and who makes such shipment in the course of the business for which he or she is so licensed;
(4) The transportation of hay, straw, or grain by retail merchants, except for the provisions of RCW 15.80.430 and 15.80.440;
(5) The transportation of grain from a warehouse licensed under the grain warehouse laws when the transported grain is consigned directly to a public terminal warehouse.
[ 2011 c 336 § 416; 1969 ex.s. c 100 § 13.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.430 - Certificates of weight and invoices to be carried with loads.

RCW 15.80.430
Certificates of weight and invoices to be carried with loads.
Certificates of weight issued by licensed public weighmasters and invoices for sales by a retail merchant, if the commodity is being hauled by or for such retail merchant, shall be carried with all loads of hay, straw or grain when in transit.
[ 1969 ex.s. c 100 § 14.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.440 - Reweighing—Weighing—Variance from invoiced weight.

RCW 15.80.440
Reweighing—Weighing—Variance from invoiced weight.
The director or any peace officer may order the driver of any vehicle previously weighed by a licensed public weighmaster to reweigh the vehicle and load at the nearest scale.
The director or any peace officer may order the driver of any vehicle operated by or for a retail merchant which vehicle contains hay, straw, or grain to weigh the vehicle and load at the nearest scale. If the weight is found to be less than the amount appearing on the invoice, a copy of which is required to be carried on the vehicle, the director or peace officer shall report the finding to the consignee and may prosecute such retail merchant in accordance with the provisions of this chapter.
[ 2017 c 158 § 3; 1969 ex.s. c 100 § 15.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.450 - Weighmaster's license—Applications—Fee.

RCW 15.80.450
Weighmaster's license—Applications—Fee.
(1) Any person may apply to the director for a weighmaster's license. Such application shall be on a form prescribed by the director and shall include:
(a) The full name of the person applying for such license and, if the applicant is a partnership, association, or corporation, the full name of each member of the partnership or the names of the officers of the association or corporation;
(b) The principal business address of the applicant in this state and elsewhere;
(c) The names and addresses of the persons authorized to receive and accept service of summons and legal notice of all kinds for the applicant;
(d) The location of each scale subject to the applicant's control and from which certified weights will be issued;
(e) The state unified business identifier number for the operator of the scale; and
(f) Such other information as the director identifies as necessary to carry out the purposes of this chapter and adopts by rule.
(2) Such annual application shall be accompanied by a license fee of eighty dollars for each scale from which certified weights will be issued.
[ 2017 c 158 § 4; 2006 c 358 § 3; 1969 ex.s. c 100 § 16.]
NOTES:
Effective dates—2006 c 358: See note following RCW 19.94.175.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.460 - Weighmaster's license—Issuance—Expiration date.

RCW 15.80.460
Weighmaster's license—Issuance—Expiration date.
The director shall issue a license to an applicant upon his or her satisfaction that the applicant has satisfied the requirements of this chapter and the rules adopted hereunder and that such applicant is of good moral character, not less than eighteen years of age, and has the ability to weigh accurately and make correct certified weight tickets. Any license issued under this chapter shall expire annually on a date set by rule by the director. License fees shall be prorated where necessary to accommodate staggering of expiration dates of a license or licenses.
[ 2010 c 8 § 6102; 1991 c 109 § 7; 1971 ex.s. c 292 § 14; 1969 ex.s. c 100 § 17.]
NOTES:
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.470 - Weighmaster's license—Renewal date—Penalty fee.

RCW 15.80.470
Weighmaster's license—Renewal date—Penalty fee.
If an application for the annual renewal of any license provided for in this chapter is not filed prior to the current license expiration date, there shall be assessed and added to the renewal fee as a penalty therefor fifty percent of said renewal fee which shall be paid by the applicant before any renewal license shall be issued. The penalty shall not apply if the applicant furnishes a declaration that he or she has not acted as a weighmaster or weigher subsequent to the expiration of his or her prior license.
[ 2017 c 158 § 5; 2010 c 8 § 6103; 1991 c 109 § 8; 1969 ex.s. c 100 § 18.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.490 - Weigher's license—Employees or agents to issue weight tickets—Application—Fee.

RCW 15.80.490
Weigher's license—Employees or agents to issue weight tickets—Application—Fee.
(1) Any weighmaster must file an application with the director for a license for any employee or agent to operate and issue certified weight tickets from each scale which such weighmaster is licensed to operate under the provisions of this chapter. Such application shall be submitted on a form prescribed by the director and shall contain the following:
(a) The name of the weighmaster;
(b) The full name of the employee or agent; and
(c) The scale from which such employee or agent will issue certified weights.
(2) Such annual application shall be accompanied by a license fee of twenty dollars.
[ 2017 c 158 § 6; 2010 c 8 § 6105; 2006 c 358 § 4; 1969 ex.s. c 100 § 20.]
NOTES:
Effective dates—2006 c 358: See note following RCW 19.94.175.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.500 - Weigher's license—Issuance—Expiration date.

RCW 15.80.500
Weigher's license—Issuance—Expiration date.
Upon the director's satisfaction that the applicant is of good moral character, has the ability to weigh accurately and make correct certified weight tickets and that he or she is an employee or agent of the weighmaster, the director shall issue a weigher's license which will expire annually on a date set by rule by the director. License fees shall be prorated where necessary to accommodate staggering of expiration dates of a license or licenses.
[ 2010 c 8 § 6106; 1991 c 109 § 9; 1969 ex.s. c 100 § 21.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.510 - Duties of weighmaster.

RCW 15.80.510
Duties of weighmaster.
A licensed public weighmaster shall: (1) Keep the scale or scales upon which he or she weighs any commodity or thing, in conformity with the standards of weights and measures; (2) carefully and correctly weigh and certify the gross, tare, and net weights of any load of any commodity or thing required to be weighed; and (3) without charge, weigh any commodity or thing brought to his or her scale by the director or peace officer, and issue a certificate of the weights thereof.
[ 2017 c 158 § 7; 2010 c 8 § 6107; 1969 ex.s. c 100 § 22.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.520 - Certification of weights—Impression seal—Fee.

RCW 15.80.520
Certification of weights—Impression seal—Fee.
(1) Certification of weights must be in accordance with subsection (2)(a) or (b) of this section.
(2)(a) The certification must appear in an appropriate and conspicuous place on each certificate and copies thereof. In addition the weight ticket must bear the name of the weighmaster, the full name of the weigher issuing the ticket, and a seal number assigned to the scale by the department. The seal number must be used only at the scale to which it is assigned.
WEIGHMASTER CERTIFICATE
THIS IS TO CERTIFY that the following described commodity was weighed, measured, or counted by a weighmaster, whose signature is on this certificate, who is a recognized authority of accuracy, as prescribed by chapter 15.80 RCW administered by the Washington state department of agriculture.
(b) Certification must be made by means of an impression seal, the impress of which shall be placed by the weighmaster or weigher making the weight determination upon the weights shown on the weight tickets. The impression seal may be procured from the director upon the payment of a fee of sixty dollars or the current cost of the seal to the department, whichever is less, and such fee shall accompany the applicant's application for a weighmaster's license. Any replacement seal needed may be procured from the director upon payment to the department of the current cost to the department for such replacement. An impression seal must be used only at the scale to which it is assigned, and remains the property of the state and shall be returned to the director upon the termination, suspension, or revocation of the weighmaster's license.
[ 2017 c 158 § 8; 1983 c 95 § 6; 1969 ex.s. c 100 § 23.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.530 - Certified weight ticket—Form—Contents—Evidence.

RCW 15.80.530
Certified weight ticket—Form—Contents—Evidence.
The certified weight ticket shall be of a form approved by the director and shall contain the following information:
(1) The date of issuance;
(2) The kind of commodity weighed, measured, or counted;
(3) The name of the owner, agent, or consignee of the commodity weighed;
(4) The name of the seller, agent, or consignor;
(5) The accurate weight, measure, or count of the commodity weighed, measured, or counted; including the entry of the gross, tare, and/or net weight, where applicable;
(6) The identifying numerals or symbols, if any, of each container separately weighed and the license plate number of each vehicle separately weighed;
(7) The means by which the commodity was being transported at the time it was weighed, measured, or counted;
(8) The name of the city or town where such commodity was weighed;
(9) The complete signature of the weighmaster or weigher who weighed, measured, or counted the commodity; and
(10) Such other available information as may be necessary to distinguish or identify the commodity.
Such weight certificates when so made and properly certified or sealed shall be prima facie evidence of the accuracy of the weights, measures, or count shown, as a certified weight, measure, or count.
[ 2017 c 158 § 9; 1969 ex.s. c 100 § 24.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.540 - Certified weight tickets—Retention of copies—Records.

RCW 15.80.540
Certified weight tickets—Retention of copies—Records.
(1) Certified weight tickets shall be delivered to the person receiving the weighed commodity at the time of delivery. The weight ticket must accompany the vehicle that transports such commodity.
(2) A copy must be provided to the seller by the carrier of the weighed commodity.
(3) The weighmaster that provided the certified weight ticket must retain a copy for a period of one year.
(4) The weighmaster must retain such other records as the director shall determine necessary to carry out the purposes of this chapter.
(5) These records shall be made available at all reasonable business hours for inspection by the director.
[ 2017 c 158 § 10; 1969 ex.s. c 100 § 25.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.550 - Weighmaster or weigher to determine weights—Automatic devices.

RCW 15.80.550
Weighmaster or weigher to determine weights—Automatic devices.
No weighmaster or weigher shall enter a weight value on a certified weight ticket that he or she has not determined and he or she shall not make a weight entry on a weight ticket issued at any other location: PROVIDED, HOWEVER, That if the director determines that an automatic weighing or measuring device can accurately and safely issue weights in conformance with the purpose of this chapter, he or she may adopt a regulation to provide for the use of such a device for the issuance of certified weight tickets. The certified weight ticket shall be so prepared that it will show the weight or weights actually determined by the weighmaster. In any case in which only the gross, the tare or the net weight is determined by the weighmaster he or she shall strike through or otherwise cancel the printed entries for the weights not determined or computed by him or her.
[ 2010 c 8 § 6108; 1969 ex.s. c 100 § 26.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.560 - Weighing devices to be suitable—Testing of weighing and measuring devices.

RCW 15.80.560
Weighing devices to be suitable—Testing of weighing and measuring devices.
A licensed public weighmaster shall, in making a weight determination as provided for in this chapter, use a weighing device that conforms to current state legal requirements for commercial devices and is suitable for the weighing of the type and amount of commodity being weighed. The director shall cause to be tested for proper state standards of weight all weighing or measuring devices utilized by any licensed public weighmaster. Certified weights shall not be issued over a device that has been rejected or condemned for use by the director until such device has been repaired and tested as conforming to the intended use requirements.
[ 2017 c 158 § 11; 1969 ex.s. c 100 § 27.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.570 - Weighing devices—Rated capacity to exceed weight of load.

RCW 15.80.570
Weighing devices—Rated capacity to exceed weight of load.
A weighmaster shall not use a weighing device to determine the weight of a load when the weight of such load exceeds the manufacturer's maximum rated capacity for such weighing device. If upon inspection the director declares that the maximum rated capacity of any weighing device is less than the manufacturer's maximum rated capacity, the weighmaster shall not weigh a load that exceeds the director's declared maximum rated capacity for such weighing device.
[ 1969 ex.s. c 100 § 28.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.580 - Weighing devices—Platform size to sufficiently accommodate vehicles.

RCW 15.80.580
Weighing devices—Platform size to sufficiently accommodate vehicles.
No weighmaster shall weigh a vehicle or combination of vehicles to determine the weight of such vehicle or combination of vehicles unless the weighing device has a platform of sufficient size to accommodate such vehicle or combination of vehicles fully and completely as one entire unit. When a combination of vehicles must be broken up into separate units in order to be weighed as prescribed, each separate unit shall be entirely disconnected before weighing and a separate certified weight ticket shall be issued for each separate unit.
[ 1969 ex.s. c 100 § 29.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.590 - Denial, suspension, or revocation of licenses—Hearing.

RCW 15.80.590
Denial, suspension, or revocation of licenses—Hearing.
The director is hereby authorized to deny, suspend, or revoke a license in any case in which he or she finds that there has been a failure to comply with the requirements of this chapter or rules adopted hereunder. For hearings for revocations, suspension, or denial of a license, the director shall give the licensee or applicant such notice as is required under the provisions of chapter 34.05 RCW. Such hearings shall be subject to chapter 34.05 RCW (administrative procedure act) concerning adjudicative proceedings.
[ 2017 c 158 § 12; 2010 c 8 § 6109; 1989 c 175 § 52; 1969 ex.s. c 100 § 30.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.610 - Subpoenas—Oaths.

RCW 15.80.610
Subpoenas—Oaths.
The director, for the purposes of this chapter, may issue subpoenas to compel the attendance of witnesses, and/or the production of books and/or documents anywhere in the state. The party shall have opportunity to make his or her defense, and may have such subpoenas issued as he or she desires. Subpoenas shall be served in the same manner as in civil cases in the superior court. Witnesses shall testify under oath which may be administered by the director.
[ 2010 c 8 § 6110; 1969 ex.s. c 100 § 32.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.620 - Assuming to act as weighmaster or weigher.

RCW 15.80.620
Assuming to act as weighmaster or weigher.
It shall be unlawful for any person not licensed pursuant to the provisions of this chapter to:
(1) Hold himself or herself out, in any manner, as a weighmaster or weigher; or
(2) Issue any ticket as a certified weight ticket.
[ 2010 c 8 § 6111; 1969 ex.s. c 100 § 33.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.630 - Falsifying weight tickets, weight or count—Unlawfully delegating—Presealing before weighing.

RCW 15.80.630
Falsifying weight tickets, weight or count—Unlawfully delegating—Presealing before weighing.
It shall be unlawful for a weighmaster or weigher to falsify a certified weight ticket, or to cause an incorrect weight, measure, or count to be determined, or delegate his or her authority to any person not licensed as a weigher, or to preseal a eight ticket with his or her official seal before performing the act of weighing.
[ 2010 c 8 § 6112; 1969 ex.s. c 100 § 34.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.640 - Writing, etc., false ticket or certificate—Influence—Penalty.

RCW 15.80.640
Writing, etc., false ticket or certificate—Influence—Penalty.
Any person who shall mark, stamp, or write any false weight ticket, scale ticket, or weight certificate, knowing it to be false, and any person who influences, or attempts to wrongfully influence, any licensed public weighmaster or weigher in the performance of his or her official duties shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars, or by imprisonment of not less than thirty days nor more than three hundred sixty-four days in the county jail, or by both such fine and imprisonment.
[ 2017 c 158 § 13; 2011 c 96 § 16; 2010 c 8 § 6113; 1969 ex.s. c 100 § 35.]
NOTES:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.650 - Violations—Penalty—Criminal—Civil—Opportunity to request hearing.

RCW 15.80.650
Violations—Penalty—Criminal—Civil—Opportunity to request hearing.
(1) Except as provided in RCW 15.80.640 or subsection (2) of this section, any person violating any provision of this chapter or rules adopted hereunder is guilty of a misdemeanor.
(2) A second or subsequent same or similar violation is a gross misdemeanor. Any offense committed more than five years after a previous conviction shall be considered a first offense.
(3) The director may assess a civil penalty ranging from one hundred dollars to one thousand dollars per occurrence against any person who knowingly violates any provision under this chapter or rules adopted thereunder. In determining the amount of any civil penalty, the director shall give due consideration to the appropriateness of the penalty with respect to the gravity of the violation, and the history of any previous violations. The respondent issued a notice of intent to assess a civil penalty must be provided the opportunity to request a hearing as provided under chapter 34.05 RCW to contest the alleged violation and the penalty amount.
[ 2017 c 158 § 14; 2003 c 53 § 109; 1969 ex.s. c 100 § 36.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.660 - Collected moneys, civil penalties—Deposit.

RCW 15.80.660
Collected moneys, civil penalties—Deposit.
(1) All moneys collected under this chapter shall be placed in the weights and measures account created in RCW 19.94.185.
(2) Civil penalties collected under RCW 15.80.650 must be deposited into the state general fund.
[ 2017 c 158 § 15; 1995 c 355 § 25.]
NOTES:
Application—Effective dates—1995 c 355: See notes following RCW 19.94.015.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.900 - Chapter cumulative.

RCW 15.80.900
Chapter cumulative.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy available at law.
[ 1969 ex.s. c 100 § 37.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.80 - Weighmasters. › 15.80.910 - Effective date—1969 ex.s. c 100.

RCW 15.80.910
Effective date—1969 ex.s. c 100.
This act shall take effect on July 1, 1969.
[ 1969 ex.s. c 100 § 38.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.83 - Agricultural Marketing and Fair Practices. › 15.83.005 - Intent.

RCW 15.83.005
Intent.
Agricultural products are produced by many individual farmers and ranchers located throughout the state. The efficient production and marketing of agricultural products by farmers, ranchers, and handlers is of vital concern to the welfare and general economy of the state. It is the purpose of this chapter to establish standards of fair practices required of handlers, producers, and associations of producers, with respect to certain agricultural commodities, to establish the mutual obligation of handlers and accredited associations of producers to negotiate relative to the production or marketing of these agricultural commodities.
It is the intent of the legislature that a workable process be developed through which a fair price and other contract terms can be arrived at through negotiations between processors of agricultural products and an accredited association of producers, and that in developing rules and administering this chapter the director of agriculture shall recognize this intent.
[ 1989 c 355 § 1.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.83 - Agricultural Marketing and Fair Practices. › 15.83.030 - Unlawful practices of handlers.

RCW 15.83.030
Unlawful practices of handlers.
It shall be unlawful for any handler to engage, or permit any employee or agent to engage, in the following practices:
(1) To refuse to negotiate with an association of producers accredited under RCW 15.83.020 with respect to any qualified commodity: PROVIDED, That the obligation to negotiate does not require either party to agree to a proposal, to make a concession, or to enter into a contract;
(2) To coerce any producer in the exercise of his or her right to contract with, join, refrain from contracting with or joining, belong to an association of producers, or refuse to deal with any producer because of the exercise of that producer's right to contract with, join, or belong to an association or because of that producer's promotion of legislation on behalf of an association of producers;
(3) To discriminate against any producer with respect to price, quantity, quality, or other terms of purchase, acquisition, or other handling of agricultural products because of that producer's membership in or contract with an association of producers or because of that producer's promotion of legislation on behalf of an association of producers;
(4) To coerce or intimidate any producer to enter into, maintain, breach, cancel, or terminate a membership agreement or marketing contract with an association of producers or a contract with a handler;
(5) To pay or loan money, give anything of value, or offer any other inducement or reward to a producer for refusing or ceasing to belong to an association of producers;
(6) To make knowingly false reports about the finances, management, or activities of associations of producers or handlers;
(7) To conspire, agree, or arrange with any other person to do, aid, or abet any act made unlawful by this chapter; or
(8) To refuse, in the event that an acceptable price cannot be agreed to between a producer and a processor, to meet with a mutually agreed upon third-party mediator to resolve the price dispute. Any fees associated with the third-party mediation must be borne by the producer.
[ 2020 c 176 § 3; 1989 c 355 § 4.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.83 - Agricultural Marketing and Fair Practices. › 15.83.040 - Unlawful practices of association of producers or members.

RCW 15.83.040
Unlawful practices of association of producers or members.
It shall be unlawful for any accredited association of producers or members of such association to engage, or permit any employee or agent to engage, in the following practices:
(1) To refuse to negotiate with a handler for any qualified commodity for which the association is accredited under RCW 15.83.020;
(2) To coerce or intimidate a handler to breach, cancel, or terminate a marketing contract with an individual producer, association of producers, or a member of an association;
(3) To knowingly make or circulate false reports about the finances, management, or activities of an association of producers or a handler;
(4) To coerce or intimidate a producer to enter into, breach, cancel, or terminate a membership agreement or marketing contract with an association of producers;
(5) To conspire, agree, or arrange with any other person to do, aid, or abet any practice which is in violation of this chapter; or
(6) To pay or loan money, give anything of value, or offer any other inducement or reward to a producer for refusing to contract or negotiate with a processor.
[ 1989 c 355 § 5.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.83 - Agricultural Marketing and Fair Practices. › 15.83.050 - Violations of chapter—Complaint.

RCW 15.83.050
Violations of chapter—Complaint.
(1) If any person is charged with violating any provision of this chapter, the director shall investigate the charges. If, upon investigation, the director has reasonable cause to believe that the person charged has violated the provision, the director shall issue and cause to be served upon the person, a complaint stating the charges. A hearing on the charges shall be conducted in accordance with the provisions of chapter 34.05 RCW concerning contested cases.
(2) No complaint may be issued based upon any act occurring more than six months before the filing of the charge with the director. At the discretion of the director, any other person may be allowed to intervene in the proceeding and to present testimony and other evidence.
(3) If upon the preponderance of the evidence taken, the director is of the opinion that any person named in the complaint has engaged in or is engaging in any prohibited practice, the director shall make and enter findings of fact and shall issue and cause to be served on that person, an order requiring that person to cease and desist from the practice and to take affirmative action to further the policies of this chapter. The order may also require the person to make reports from time to time showing the extent of compliance with the order. If, upon the preponderance of the testimony and other evidence, the director determines that the person named in the complaint has not engaged in or is not engaging in any prohibited practice, the director shall make and enter findings of fact and an order dismissing the complaint.
[ 1989 c 355 § 6.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.83 - Agricultural Marketing and Fair Practices. › 15.83.060 - Director's authority—Recordkeeping—Cooperation.

RCW 15.83.060
Director's authority—Recordkeeping—Cooperation.
If required to carry out the objectives of this chapter, including the conduct of any investigations or hearing:
(1) The director shall require any person to:
(a) Establish and maintain records;
(b) Make reports; and
(c) Provide other information as may be reasonably required.
(2) Any person subject to the provisions of this chapter shall provide the information, records, and reports reasonably required by the director, or make such material available to the director for inspection and/or copying at reasonable times and places, except that no person shall be required under this section to provide to the director proprietary business or financial records or information.
[ 1989 c 355 § 7.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.83 - Agricultural Marketing and Fair Practices. › 15.83.070 - Injury due to unlawful practices—Damages.

RCW 15.83.070
Injury due to unlawful practices—Damages.
A person injured in his or her business or property by reason of any violation of or conspiracy to violate RCW 15.83.030 or 15.83.040 may sue in a court of competent jurisdiction of the county in which such violation occurred without respect to the amount in controversy, and shall recover damages sustained, including reasonable attorneys' fees and costs of bringing the suit. Any action to enforce any cause of action under this section shall be forever barred unless commenced not later than two years after the cause of action accrues.
[ 1989 c 355 § 8.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.83 - Agricultural Marketing and Fair Practices. › 15.83.080 - Unlawful practices—Civil penalty.

RCW 15.83.080
Unlawful practices—Civil penalty.
A person who violates RCW 15.83.030 or 15.83.040 may be assessed a civil penalty by the director of not more than five thousand dollars for each offense. No civil penalty may be assessed unless the person charged has been given notice and opportunity for a hearing pursuant to chapter 34.05 RCW. In determining the amount of the penalty, the director shall consider the size of the business of the person charged, the penalty's affect [effect] on the person's ability to continue in business, and the gravity of the violation. If the director is unable to collect the civil penalty, the director shall refer the collection to the attorney general.
[ 1989 c 355 § 9.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.83 - Agricultural Marketing and Fair Practices. › 15.83.090 - Injunction.

RCW 15.83.090
Injunction.
The director or any aggrieved producer, accredited association, or handler may bring an action to enjoin the violation of any provision of this chapter or any regulation made pursuant to this chapter in a court of competent jurisdiction of the county in which such violation occurs or is about to occur.
[ 1989 c 355 § 10.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.83 - Agricultural Marketing and Fair Practices. › 15.83.100 - Rules.

RCW 15.83.100
Rules.
The director may promulgate such rules in accordance with chapter 34.05 RCW, and orders, as may be necessary to carry out this chapter.
[ 1989 c 355 § 11.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.83 - Agricultural Marketing and Fair Practices. › 15.83.110 - Advisory committee.

RCW 15.83.110
Advisory committee.
The director shall establish an advisory committee consisting of the following persons: Six producers who are producers from names submitted by an association of producers, and six handlers subject to this chapter from names submitted by handlers. The advisory committee shall study and report on all issues related to this chapter.
[ 1989 c 355 § 12.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.85 - Aquaculture Marketing. › 15.85.010 - Legislative declaration.

RCW 15.85.010
Legislative declaration.
The legislature declares that aquatic farming provides a consistent source of quality food, offers opportunities of new jobs, increased farm income stability, and improves balance of trade.
The legislature finds that many areas of the state of Washington are scientifically and biologically suitable for aquaculture development, and therefore the legislature encourages promotion of aquacultural activities, programs, and development with the same status as other agricultural activities, programs, and development within the state.
The legislature finds that aquaculture should be considered a branch of the agricultural industry of the state for purposes of any laws that apply to or provide for the advancement, benefit, or protection of the agriculture industry within the state.
The legislature further finds that in order to ensure the maximum yield and quality of cultured aquatic products, the department of fish and wildlife should provide diagnostic services that are workable and proven remedies to aquaculture disease problems.
It is therefore the policy of this state to encourage the development and expansion of aquaculture within the state. It is also the policy of this state to protect wildstock fisheries by providing an effective disease inspection and control program and prohibiting the release of salmon or steelhead trout by the private sector into the public waters of the state and the subsequent recapture of such species as in the practice commonly known as ocean ranching.
[ 1994 c 264 § 4; 1985 c 457 § 1.]
NOTES:
Release and recapture of salmon or steelhead prohibited: RCW 77.12.459.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.85 - Aquaculture Marketing. › 15.85.020 - Definitions.

RCW 15.85.020
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Aquaculture" means the process of growing, farming, or cultivating private sector cultured aquatic products in marine or fresh waters and includes management by an aquatic farmer.
(2) "Aquatic farmer" is a private sector person who commercially farms and manages the cultivating of private sector cultured aquatic products on the person's own land or on land in which the person has a present right of possession.
(3) "Private sector cultured aquatic products" are native, nonnative, or hybrids of marine or freshwater plants and animals that are propagated, farmed, or cultivated on aquatic farms under the supervision and management of a private sector aquatic farmer or that are naturally set on aquatic farms which at the time of setting are under the active supervision and management of a private sector aquatic farmer. When produced under such supervision and management, private sector cultured aquatic products include, but are not limited to, the following plants and animals:
Scientific Name
Common Name
Enteromorpha
green nori
Monostroma
awo-nori
Ulva
sea lettuce
Laminaria
konbu
Nereocystis
bull kelp
Porphyra
nori
Iridaea
Haliotis
abalone
Zhlamys
pink scallop
Hinnites
rock scallop
Tatinopecten
Japanese or weathervane scallop
Protothaca
native littleneck clam
Tapes
manila clam
Saxidomus
butter clam
Mytilus
mussels
Crassostrea
Pacific oysters
Ostrea
Olympia and European oysters
Pacifasticus
crayfish
Macrobrachium
freshwater prawn
Salmo and Salvelinus
trout, char, and Atlantic salmon
Oncorhynchus
salmon
Ictalurus
catfish
Cyprinus
carp
Acipenseridae
Sturgeon
Private sector cultured aquatic products do not include herring spawn on kelp and other products harvested under a herring spawn on kelp permit issued in accordance with RCW 77.70.210.
(4) "Department" means the department of agriculture.
(5) "Director" means the director of agriculture.
[ 2003 c 39 § 7; 1989 c 176 § 3; 1985 c 457 § 2.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.85 - Aquaculture Marketing. › 15.85.030 - Department principal agency for aquaculture marketing support.

RCW 15.85.030
Department principal agency for aquaculture marketing support.
The department is the principal state agency for providing state marketing support services for the private sector aquaculture industry.
[ 1985 c 457 § 3.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.85 - Aquaculture Marketing. › 15.85.050 - Program to assist marketing and promotion of aquaculture products.

RCW 15.85.050
Program to assist marketing and promotion of aquaculture products.
The department shall exercise its authorities, including those provided by chapters 15.64, 15.65, 15.66, and 43.23 RCW, to develop a program for assisting the state's aquaculture industry to market and promote the use of its products.
[ 1989 c 11 § 2; 1985 c 457 § 4.]
NOTES:
Severability—1989 c 11: See note following RCW 9A.56.220.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.85 - Aquaculture Marketing. › 15.85.060 - Private sector cultured aquatic products—Identification—Rules.

RCW 15.85.060
Private sector cultured aquatic products—Identification—Rules.
The director shall establish identification requirements for private sector cultured aquatic products to the extent that identifying the source and quantity of the products is necessary to permit the department of fish and wildlife to administer and enforce Title 77 RCW effectively. The rules shall apply only to those private sector cultured aquatic products the transportation, sale, processing, or other possession of which would otherwise be required to be licensed under Title 77 RCW if they were not cultivated by aquatic farmers. The rules shall apply to the transportation or possession of such products on land other than aquatic lands and may require that they be: (1) Placed in labeled containers or accompanied by bills of lading or sale or similar documents identifying the name and address of the producer of the products and the quantity of the products governed by the documents; or (2) both labeled and accompanied by such documents.
The director shall consult with the director of fish and wildlife to ensure that such rules enable the department of fish and wildlife to enforce the programs administered under those titles. If rules adopted under chapter 69.30 RCW satisfy the identification required under this section for shellfish, the director shall not establish different shellfish identification requirements under this section.
[ 2003 c 39 § 8; 1994 c 264 § 5; 1988 c 36 § 6; 1985 c 457 § 5.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.86 - Organic Products. › 15.86.010 - Purpose.

RCW 15.86.010
Purpose.
The legislature recognizes a public benefit in:
(1) Establishing standards governing the labeling and advertising of agricultural products and commodities as organic products or transitional products;
(2) Providing certification under the national organic program for agricultural products marketed and labeled using the term "organic" or a derivative of the term "organic;"
(3) Providing access for Washington producers, processors, and handlers to domestic and international markets for organic products;
(4) Establishing a state organic program or obtaining federal accreditation as a certifying agent under the national organic program; and
(5) Establishing a brand name materials list for registration of inputs that comply with national, international, or other organic standards.
[ 2010 c 109 § 1; 2002 c 220 § 1; 1992 c 71 § 1; 1985 c 247 § 1.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.86 - Organic Products. › 15.86.030 - Marketing of organic products—Standards—Restrictions—Evaluations to verify compliance.

RCW 15.86.030
Marketing of organic products—Standards—Restrictions—Evaluations to verify compliance.
(1) To be labeled, sold, or represented as an organic product, a product must be produced under standards established in this chapter or rules adopted pursuant to this chapter. A producer, processor, or handler shall not represent, sell, or offer for sale any agricultural product with the representation that the product is organic if the producer, processor, or handler knows, or has reason to know, that the product has not been produced, processed, or handled in accordance with standards established in this chapter or rules adopted pursuant to this chapter.
(2) The department may conduct evaluations in retail establishments to verify compliance with organic labeling and advertising requirements of this chapter, rules adopted pursuant to this chapter, and the national organic program.
[ 2010 c 109 § 3; 2002 c 220 § 3; 1992 c 71 § 3; 1989 c 354 § 30; 1985 c 247 § 3.]
NOTES:
Effective date—1989 c 354 § 30: "Section 30 of this act shall take effect on January 1, 1991." [ 1989 c 354 § 87.]
Severability—1989 c 354: See note following RCW 15.36.012.
Violation of RCW 15.86.030 constitutes violation of RCW 19.86.020: RCW 19.86.023.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.86 - Organic Products. › 15.86.060 - Rules—National organic program—Violations—Penalties.

RCW 15.86.060
Rules—National organic program—Violations—Penalties.
(1) The director shall adopt rules, in conformity with chapter 34.05 RCW, as the director believes are appropriate for the adoption of the national organic program and for the proper administration of this chapter.
(2)(a) The director shall issue orders to producers, processors, or handlers whom the director finds are violating RCW 15.86.030 or 15.86.090 or rules adopted pursuant to this chapter, to cease their violations and desist from future violations.
(b) Whenever the director finds that a producer, processor, or handler has committed a violation, the director shall impose on and collect from the violator a civil fine not exceeding the total of:
(i) The state's estimated costs of investigating and taking appropriate administrative and enforcement actions in respect to the violation; and
(ii) One thousand dollars.
[ 2010 c 109 § 4; 2002 c 220 § 4; 1992 c 71 § 7; 1985 c 247 § 6.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.86 - Organic Products. › 15.86.065 - State organic program—Authority of department and director—Rules.

RCW 15.86.065
State organic program—Authority of department and director—Rules.
(1) The department is authorized to take such actions, conduct proceedings, and enter orders as permitted or contemplated for a state organic program or certifying agent under the national organic program.
(2) The director may deny, suspend, or revoke a certification provided for in this chapter if the director determines that an applicant or certified person has violated this chapter or rules adopted pursuant to this chapter.
(3) The program shall not be inconsistent with the requirements of the national organic program.
(4) The department shall adopt rules necessary to implement this section.
[ 2010 c 109 § 5; 2002 c 220 § 7.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.86 - Organic Products. › 15.86.070 - Rules—Certification program—Fees.

RCW 15.86.070
Rules—Certification program—Fees.
(1) The director may adopt rules establishing a program for certifying producers, processors, and handlers as meeting state, national, or international standards for organic or transitional products.
(2) The rules:
(a) May govern, but are not limited to governing:
(i) The number and scheduling of on-site visits, both announced and unannounced, by certification personnel;
(ii) Recordkeeping requirements; and
(iii) The submission of product samples for chemical analysis; and
(b) Shall include a fee schedule that will provide for the recovery of the full cost of the program.
(3) All fees collected under this chapter shall be deposited in an account within the agricultural local fund. The revenue from such fees shall be used solely for carrying out the provisions of this chapter, and no appropriation is required for disbursement from the fund.
(4) The director may employ such personnel as are necessary to carry out the provisions of this chapter.
[ 2010 c 109 § 6; 2002 c 220 § 5; 1997 c 303 § 4; 1992 c 71 § 10; 1989 c 354 § 34; 1987 c 393 § 12.]
NOTES:
Findings—1997 c 303: See note following RCW 43.135.055.
Severability—1989 c 354: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.86 - Organic Products. › 15.86.090 - Mandatory certification—Exceptions.

RCW 15.86.090
Mandatory certification—Exceptions.
(1) It is unlawful for any person to sell, offer for sale, or process any agricultural product within this state with an organic label unless that person is certified under this chapter by the department or a recognized organic certifying agent.
(2) Subsection (1) of this section shall not apply to:
(a) Final retailers of organic products that do not process organic products; or
(b) Producers who sell no more than five thousand dollars annually in value of agricultural products directly to consumers.
[ 2010 c 109 § 7; 2002 c 220 § 6; 1992 c 71 § 8.]
NOTES:
Captions not law—1992 c 71: "Captions as used in sections 6, 8, 9, and 13 of this act do not constitute part of the law." [ 1992 c 71 § 13.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.86 - Organic Products. › 15.86.110 - Confidentiality of business related information.

RCW 15.86.110
Confidentiality of business related information.
(1) Except as provided in subsection (2) of this section, the department shall keep confidential any business related information obtained under this chapter concerning an entity certified under this chapter or an applicant for such certification and such information shall be exempt from public inspection and copying under chapter 42.56 RCW.
(2) Applications for certification under this chapter and laboratory analyses pertaining to that certification shall be available for public inspection and copying.
[ 2005 c 274 § 218; 1992 c 71 § 11.]