reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.520 - Criminal acts and penalties.

RCW 15.65.520
Criminal acts and penalties.
It shall be a misdemeanor:
(1) For any person to violate any provision of this chapter or any provision of any marketing agreement or order duly issued by the director pursuant to this chapter.
(2) For any person to wilfully render or furnish a false or fraudulent report, statement, or record required by the director pursuant to the provisions of this chapter or any provision of any marketing agreement or order duly issued by the director pursuant to this chapter or to wilfully fail or refuse to furnish or render any such report, statement, or record so required.
(3) For any person engaged in the wholesale or retail trade to fail or refuse to furnish to the director or his or her designee or his or her duly authorized agents, upon request, information concerning the name and address of the person from whom he or she has received an agricultural commodity regulated by a marketing agreement or order in effect and issued pursuant to the terms of this chapter and the grade, standard, quality, or quantity of and the price paid for such commodity so received.
Every person convicted of any such misdemeanor shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment of not less than ten days nor more than six months or by both such fine and imprisonment. Each violation during any day shall constitute a separate offense: PROVIDED, That if the court finds that a petition pursuant to RCW 15.65.570 was filed and prosecuted by the defendant in good faith and not for delay, no penalty shall be imposed under subsection (1) of this section for such violations as occurred between the date upon which the defendant's petition was filed with the director and the date upon which notice of the director's decision thereon was given to the defendant in accordance with RCW 15.65.570 and regulations prescribed pursuant thereto.
[ 2010 c 8 § 6088; 1961 c 256 § 52.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.530 - Civil liability—Use of moneys recovered.

RCW 15.65.530
Civil liability—Use of moneys recovered.
Any person who violates any provisions of this chapter or any marketing agreement or order duly issued and in effect pursuant to this chapter or who violates any rule or regulation issued by the director and/or his or her designee pursuant to the provisions of this chapter or of any marketing agreement or order duly issued by the director and in effect pursuant to this chapter, shall be liable civilly for a penalty in an amount not to exceed the sum of five hundred dollars for each and every violation thereof. Any moneys recovered pursuant to this section shall be allocated to and used for the purposes of the agreement or order concerned.
[ 2010 c 8 § 6089; 1961 c 256 § 53.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.540 - Jurisdiction of superior courts—Who may bring action.

RCW 15.65.540
Jurisdiction of superior courts—Who may bring action.
The several superior courts of the state of Washington are hereby vested with jurisdiction:
(1) Specifically to enforce this chapter and the provisions of each and every marketing agreement and order issued pursuant to this chapter and each and every term, condition and provision thereof;
(2) To prevent, restrain, and enjoin pending litigation and thereafter permanently any person from violating this chapter or the provisions of any such agreement or order and each and every term, condition, and provision thereof, regardless of the existence of any other remedy at law;
(3) To require pending litigation and thereafter permanently by mandatory injunction each and every person subject to the provisions of any such agreement or order to carry out and perform the provisions of this chapter an each and every duty imposed upon him or her by such marketing agreement or order.
The director or any administrator or board under any marketing agreement or order, in the name of the state of Washington, or any person affected or regulated by or subject to any marketing order or agreement issued pursuant to this chapter upon joining the director as a party may bring or cause to be brought actions or proceedings for specific performance, restraint, injunction, or mandatory injunction against any person who violates or refuses to perform the obligations or duties imposed upon him or her by this chapter or by any marketing agreement or order issued pursuant to this chapter and said courts shall have jurisdiction of such cause and shall grant such relief upon proof of such violation or threatened violation or refusal.
[ 2010 c 8 § 6090; 1961 c 256 § 54.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.550 - Duty of attorney general and prosecuting attorneys—Investigation and hearing by director.

RCW 15.65.550
Duty of attorney general and prosecuting attorneys—Investigation and hearing by director.
Upon the request of the director or his or her designee, it shall be the duty of the attorney general of the state of Washington and of the several prosecuting attorneys in their respective counties to institute proceedings to enforce the remedies and to collect the moneys provided for or pursuant to this chapter. Whenever the director and/or his or her designee has reason to believe that any person has violated or is violating the provisions of any marketing agreement or order issued pursuant to this chapter, the director and/or his or her designee shall have and is hereby granted the power to institute an investigation and, after due notice to such person, to conduct a hearing in order to determine the facts for the purpose of referring the matter to the attorney general or to the appropriate prosecuting attorney for appropriate action. The provisions contained in RCW 15.65.090, 15.65.100 and 15.65.110 shall apply with respect to such hearings.
[ 2011 c 103 § 20; 2010 c 8 § 6091; 1961 c 256 § 55.]
NOTES:
Purpose—2011 c 103: See note following RCW 15.26.120.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.560 - Remedies additional.

RCW 15.65.560
Remedies additional.
The remedies provided for in this chapter shall be in addition to, and not exclusive of, any other remedies or penalties provided for in this chapter or now or hereafter existing at law or in equity, and such remedies shall be concurrent and alternative and neither singly nor combined shall the same be exclusive.
[ 1961 c 256 § 56.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.570 - Proceedings subject to administrative procedure act—Exemptions.

RCW 15.65.570
Proceedings subject to administrative procedure act—Exemptions.
(1) All proceedings conducted under this chapter shall be subject to the provisions of chapter 34.05 RCW unless otherwise provided for in this chapter.
(2) Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310, chapter 19.85 RCW, the regulatory fairness act, and RCW 43.135.055 when the adoption of the rules is determined by a referendum vote of the affected parties.
[ 2002 c 313 § 36; 1961 c 256 § 57.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.580 - Director may issue agreement or order similar to license or order issued by United States—Administrator, board.

RCW 15.65.580
Director may issue agreement or order similar to license or order issued by United States—Administrator, board.
In the event the director finds that it tends to effectuate the declared purposes of this chapter within the standards prescribed in this chapter, the director may issue a marketing agreement or order, applicable to the marketing, within the state of Washington of any agricultural commodity, containing like terms, provisions, methods and procedures as any license or order regulating the marketing of such commodity in interstate or foreign commerce, issued by the secretary of agriculture of the United States pursuant to the provisions of any law or laws of the United States. In selecting an administrator or the members of any board or other agency under such marketing order, the director may utilize the same persons as those serving in a similar capacity under such federal license or order, so as to avoid duplicating or conflicting personnel: PROVIDED, That any administrator, board or agency so appointed by the director shall be responsible to the director for the performance of such of their duties as relate to the administration of any such marketing agreement or order issued by the director hereunder.
[ 1961 c 256 § 58.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.590 - Cooperation, joint agreements or orders with other states and United States to achieve uniformity.

RCW 15.65.590
Cooperation, joint agreements or orders with other states and United States to achieve uniformity.
The director and his or her designee are hereby authorized to confer with and cooperate with the legally constituted authorities of other states and of the United States, for the purpose of obtaining uniformity in the administration of federal and state marketing regulations, licenses, agreements, or orders, and the director is authorized to conduct joint hearings, issue joint or concurrent marketing agreements or orders, for the purposes and within the standards set forth in this chapter, and may exercise any administrative authority prescribed by this chapter to effect such uniformity of administration and regulation.
[ 2010 c 8 § 6092; 1961 c 256 § 59.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.600 - Public interest to be protected—Establishment of prices prohibited.

RCW 15.65.600
Public interest to be protected—Establishment of prices prohibited.
The director shall protect the public interest and the interest of all consumers and producers of every agricultural commodity regulated by every marketing agreement and order issued pursuant to this chapter and shall neither take nor authorize any action which shall have for its purpose the establishment or maintenance of prices.
[ 1961 c 256 § 60.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.620 - Chapter not to affect other laws—Agreements and orders under prior law may be made subject to chapter.

RCW 15.65.620
Chapter not to affect other laws—Agreements and orders under prior law may be made subject to chapter.
Nothing in this chapter shall apply to nor alter nor change any provision of the statutes of the state of Washington relating to the apple commission (RCW 15.24.010- 15.24.210 inclusive), to the soft tree fruits commission (RCW 15.28.010- 15.28.310 inclusive), to [the] dairy products commission (RCW 15.44.010- 15.44.180 inclusive), or to the grain commission (chapter 15.115 RCW). No marketing agreement or order containing any of the provisions specified in RCW 15.65.310 or 15.65.320 shall be issued with respect to the respective commodities affected by said statutes unless and until any commission established by any such statute shall cease to perform the provisions of its respective statute. The provisions of this chapter shall have no application to any marketing agreement or order issued pursuant to the Washington agricultural enabling act of 1955 (chapter 15.66 RCW); except that any such marketing agreement or order issued pursuant to said 1955 act may be brought under this chapter upon compliance with the provisions of this chapter relating to amendments of marketing agreements and orders, whereupon:
(1) The provisions of this chapter shall apply to and the provisions of said 1955 act shall cease to apply to such marketing agreement or order; and
(2) All assets and liabilities of, or pertaining to such agreement or order, and of any commission or agency established by it, shall continue to exist with respect to such agreement, order, commission or agency after being so brought under this chapter.
[ 2009 c 33 § 34; 1961 c 256 § 62.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.630 - Application of chapter to canners, freezers, pressers, dehydrators of fruit or vegetables.

RCW 15.65.630
Application of chapter to canners, freezers, pressers, dehydrators of fruit or vegetables.
Except for the provisions of this chapter relating to levying, collecting, and paying assessments, nothing in this chapter shall apply to any person engaged in the canning, freezing, pressing, or dehydrating of fresh fruit or vegetables.
[ 1985 c 261 § 16; 1961 c 256 § 63.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.640 - Chapter not to apply to green pea grower or processor.

RCW 15.65.640
Chapter not to apply to green pea grower or processor.
Nothing in this chapter shall apply to any person engaged in growing of or processing green peas.
[ 1961 c 256 § 64.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.650 - Hop commodity board—Powers.

RCW 15.65.650
Hop commodity board—Powers.
In order to ensure a viable and stable hop industry within the state of Washington and to further the policies set forth in RCW 15.65.040(2) (d) and (f), the legislature specifically recognizes that the hop commodity board has the power to enter into contracts, at its discretion, with individual producers of hops to set aside or remove from production existing planted hop acreage until such time as the need to contract with individual producers of hops is eliminated based on the adoption of a federal marketing order. This section does not limit the director's duty under RCW 15.65.600.
[ 2002 c 313 § 138.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.670 - Costs of implementing RCW 15.65.287.

RCW 15.65.670
Costs of implementing RCW 15.65.287.
The costs incurred by the department associated with the implementation of RCW 15.65.287 shall be paid for by the affected commodity commissions.
[ 2003 c 396 § 12.]
NOTES:
Effective date—2003 c 396: See note following RCW 15.66.030.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.680 - Appointment of nonvoting advisory members.

RCW 15.65.680
Appointment of nonvoting advisory members.
(1) A commodity board may appoint up to two nonvoting advisory members to the board who have expertise in marketing, operations, or other topics relevant to the work of the board. The term of office for each nonvoting advisory member must be established in each board's marketing order or agreement, but may not exceed three years. Nonvoting advisory members may serve additional consecutive terms of office if reappointed by the board.
(2) Nonvoting advisory members do not count toward establishing a quorum of the board.
(3) Nonvoting advisory members must be compensated in the same manner as board members under RCW 15.65.270(4).
[ 2013 c 40 § 1.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.900 - Savings—1961 c 256.

RCW 15.65.900
Savings—1961 c 256.
This chapter shall not repeal, amend or modify chapter 15.66 RCW, or any other law providing for the marketing of agricultural commodities and/or providing for marketing agreements or orders for such agricultural commodities, which shall be in existence on the date this act becomes effective.
[ 1961 c 256 § 65.]
NOTES:
Reviser's note: The effective date of this act was midnight June 7, 1961, see preface 1961 session laws.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.023 - Commission may establish foundation.

RCW 15.66.023
Commission may establish foundation.
A commodity commission may establish a foundation using commission funds as grant money when the foundation benefits the commodity for which the commission was established. Commission funds may be used for the purposes authorized in the marketing order.
[ 2001 c 315 § 8.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.030 - Marketing orders authorized—Purposes.

RCW 15.66.030
Marketing orders authorized—Purposes.
Marketing orders may be made for any one or more of the following purposes:
(1) To establish plans and conduct programs for advertising and sales promotion, to maintain present markets, or to create new or larger markets for any agricultural commodity grown in the state of Washington;
(2) To provide for carrying on research studies to find more efficient methods of production, irrigation, processing, transportation, handling, and marketing of any agricultural commodity;
(3) To provide for improving standards and grades by defining, establishing, and providing labeling requirements with respect to the same;
(4) To investigate and take necessary action to prevent unfair trade practices;
(5) To provide information or communicate on matters pertaining to the production, irrigation, processing, transportation, marketing, or uses of an agricultural commodity produced in Washington state to any elected official or officer or employee of any agency;
(6) To provide marketing information and services for producers of an agricultural commodity;
(7) To provide information and services for meeting resource conservation objectives of producers of an agricultural commodity;
(8) To engage in cooperative efforts in the domestic or foreign marketing of food products of an agricultural commodity;
(9) To provide for commodity-related education and training; and
(10) To assist and cooperate with the department or any other local, state, or federal government agency in the investigation and control of exotic pests and diseases that could damage or affect trade of the affected commodity.
[ 2003 c 396 § 1; 2002 c 313 § 40; 2001 c 315 § 1; 1961 c 11 § 15.66.030. Prior: 1955 c 191 § 3.]
NOTES:
Effective date—2003 c 396: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 20, 2003]." [ 2003 c 396 § 45.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.040 - Prerequisites to marketing orders—Director's duties.

RCW 15.66.040
Prerequisites to marketing orders—Director's duties.
Marketing orders and orders modifying or terminating existing marketing orders shall be promulgated by the director only after the director has done the following:
(1) Received a petition as provided for in RCW 15.66.050;
(2) Given notice of hearing as provided for in RCW 15.66.060;
(3) Conducted a hearing as provided for in RCW 15.66.070;
(4) Made findings and decision as provided for in RCW 15.66.080;
(5) Determined assent of affected producers as provided for in RCW 15.66.090.
[ 1961 c 11 § 15.66.040. Prior: 1955 c 191 § 4.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.050 - Petition for marketing order—Deposit to defray department's expenses—Circumstances requiring reimbursement.

RCW 15.66.050
Petition for marketing order—Deposit to defray department's expenses—Circumstances requiring reimbursement.
(1) Petitions for issuance, amendment or termination of a marketing order shall be signed by not less than five percent or one hundred of the producers alleged to be affected, whichever is less, and shall be filed with the director. A petition for amendment or termination of a marketing order may be submitted to the director by majority vote of a commission.
(2) A commission shall reimburse the department for expenses incurred by the department when a commodity commission petitions the director to amend or terminate a marketing order and for other services provided by the department under this chapter. The department shall provide to a commodity commission an estimate of expenses that may be incurred to amend or terminate a marketing order prior to any services taking place.
(3) Petitioners who are not a majority of a commission, and who file a petition with the director to issue, amend, or terminate a marketing order, shall deposit funds with the director to pay for expenses incurred by the department, under rules adopted by the director.
(4) A commission shall reimburse petitioners the amount paid to the department under the following circumstances:
(a) If the petition is to issue a marketing order, the commission shall reimburse the petitioners the amount expended by the department when funds become available after establishment of the commission; or
(b) If the petition is to amend or terminate a marketing order, the commission shall reimburse the petitioners within thirty days of the referendum if the proposal is assented to by the affected producers.
(5) If for any reason a proceeding is discontinued, the commission or petitioners, whichever is applicable, shall reimburse the department only for expenses incurred by the department up until the time the proceeding is discontinued.
[ 2002 c 313 § 42; 1961 c 11 § 15.66.050. Prior: 1955 c 191 § 5.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.053 - Proceedings subject to administrative procedure act—Exemptions.

RCW 15.66.053
Proceedings subject to administrative procedure act—Exemptions.
(1) All rule-making proceedings conducted under this chapter shall be in accordance with chapter 34.05 RCW.
(2) Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310, chapter 19.85 RCW, the regulatory fairness act, and RCW 43.135.055 when adoption of the rule is determined by a referendum vote of the affected parties.
(3) The director may adopt amendments to marketing orders without conducting a referendum if the amendments are adopted under the following criteria:
(a) The proposed amendments relate only to internal administration of a marketing order and are not subject to violation by a person;
(b) The proposed amendments adopt or incorporate by reference without material change federal statutes or regulations, Washington state statutes, or rules of other Washington state agencies, if the material adopted or incorporated regulates the same activities as are authorized under the marketing order;
(c) The proposed amendments only correct typographical errors, make address or name changes, or clarify language of a rule without changing the marketing order;
(d) The content of the proposed amendments is explicitly and specifically dictated by statute.
A marketing order shall not be amended without a referendum to provide that a majority of the commodity commission members be appointed by the director.
[ 2002 c 313 § 43.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.055 - Director's duties and responsibilities—Rules.

RCW 15.66.055
Director's duties and responsibilities—Rules.
The director may adopt rules necessary to carry out the director's duties and responsibilities under this chapter including:
(1) The issuance, amendment, suspension, or termination of marketing orders;
(2) Procedural, technical, or administrative rules which may address and include, but are not limited to:
(a) The submission of a petition to issue, amend, or terminate a marketing order under this chapter;
(b) Nominations conducted under this chapter;
(c) Elections of commission members or referenda conducted under this chapter; and
(d) Actions of the director upon a petition to issue, amend, or terminate a marketing order;
(3) Rules that provide for a method to fund:
(a) The costs of staff support for all commodity boards and commissions in accordance with RCW 43.23.033 if the position is not directly funded by the legislature; and
(b) The actual costs related to the specific activity undertaken on behalf of an individual commodity board or commission.
[ 2002 c 313 § 44.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.060 - Lists of affected parties—Notice—Use of lists.

RCW 15.66.060
Lists of affected parties—Notice—Use of lists.
(1) Upon receipt of a petition for the issuance of a marketing order, the director shall establish a list of affected parties of the agricultural commodity affected. In establishing a list of affected parties and their individual production, the director shall publish a notice to producers of the commodity to be affected requiring them to file with the director a report showing the producer's name, mailing address, and the yearly average quantity of the affected commodity produced by him or her in the three years preceding the date of the notice or in such lesser time as the producer has produced the commodity in question. Information as to production may also be accepted from other valid sources if readily available. Notice of a proposed marketing order issuance shall be as provided for in RCW 15.66.070.
(2) The director shall use the list of affected parties for the purpose of notice, referendum proceedings, and electing or selecting members of the commission in accordance with this chapter and rules adopted under this chapter.
(3) An affected party may at any time file his or her name and mailing address with the director. A list of affected parties may be brought up-to-date by the director up to the day preceding a mailing of a notice or ballot under this chapter and that list is deemed the list of affected parties entitled to vote.
(4) The list of affected parties shall be kept in the rule-making file by the director. The list shall be certified as a true representation of the referendum mailing list. Inadvertent failure to notify an affected party does not invalidate a proceeding conducted under this chapter.
(5) The list of affected parties that is certified as the true representation of the mailing list of a referendum shall be used to determine assent as provided in this chapter.
(6) The director shall provide the commodity commission the list of affected and interested parties once a marketing order is adopted and a commodity commission is established as provided in this chapter.
[ 2002 c 313 § 45; 1975 1st ex.s. c 7 § 7; 1969 c 66 § 1; 1961 c 11 § 15.66.060. Prior: 1955 c 191 § 6.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.090 - After final decision—Assent of affected parties determined by referendum.

RCW 15.66.090
After final decision—Assent of affected parties determined by referendum.
After the director issues his or her final decision approving the issuance, amendment, or termination of a marketing order, the director shall determine by a referendum whether the affected parties or producers assent to the proposed action or not. The director shall conduct the referendum among the affected parties or producers based on the list as provided for in RCW 15.66.060 or 15.66.143, as applicable, and the affected parties or producers shall be deemed to have assented to the proposed issuance or termination order if fifty-one percent or more by number reply to the referendum within the time specified by the director, and if, of those replying, sixty-five percent or more by number and fifty-one percent or more by volume assent to the proposed order. The producers shall be deemed to have assented to the proposed amendment order if sixty percent or more by number and sixty percent or more by volume of those replying assent to the proposed order. The determination by volume shall be made on the basis of volume as determined in the list of affected producers created under provisions of RCW 15.66.060, subject to rules and regulations of the director for such determination. The director shall consider the approval or disapproval of any cooperative marketing association authorized by its producer members to act for them in any such referendum, as being the approval or disapproval of the producers who are members of or stockholders in or under contract with such association of cooperative producers: PROVIDED, That the association shall first determine that a majority of the membership of the association authorize its action concerning the specific marketing order. Results of the referendum shall be mailed to all affected parties in the form of a postcard. If the requisite assent is given, the director shall adopt the order.
[ 2004 c 179 § 3; 2002 c 313 § 47; 1975 1st ex.s. c 7 § 8; 1961 c 11 § 15.66.090. Prior: 1955 c 191 § 9.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.093 - Suspension of marketing order upon request of commodity commission.

RCW 15.66.093
Suspension of marketing order upon request of commodity commission.
The director may, upon the request of a commodity commission and without compliance with RCW 15.66.070 through 15.66.090, suspend the commission's order or term or provision thereof for a period of not to exceed one year, if the director finds that the suspension will tend to effectuate the declared policy of this chapter. Any suspension of all, or substantially all, of a marketing order by the director is not effective until the end of the then current marketing season.
[ 2002 c 313 § 48.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.097 - Issuing, amending, or terminating a marketing order—Limitation on public hearings or referendums.

RCW 15.66.097
Issuing, amending, or terminating a marketing order—Limitation on public hearings or referendums.
The director is not required to hold a public hearing or a referendum more than once in any twelve-month period on petitions to issue, amend, or terminate a marketing order if any of the following circumstances are present:
(1) The petition proposes to establish a marketing order for the same commodity;
(2) The petition proposes the same or a similar amendment to a marketing order; or
(3) The petition proposes to terminate the same marketing order.
[ 2002 c 313 § 49.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.100 - Contents of marketing order.

RCW 15.66.100
Contents of marketing order.
A marketing order shall define the area of the state to be covered by the order which may be all or any portion of the state; shall contain provisions for establishment of a commodity commission and administration and operation and powers and duties of same; shall provide for assessments as provided for in this chapter and shall contain one or more of the provisions as set forth in RCW 15.66.030. The order may provide that its provisions covering standards, grades, labels and trade practices apply with respect to the affected commodity marketed or sold within such area regardless of where produced. A marketing order may provide that one commodity commission may administer marketing orders for two or more affected commodities, if approved by a majority, as provided in this chapter for the creation of a marketing order, of the affected producers of each affected commodity concerned.
[ 1961 c 11 § 15.66.100. Prior: 1955 c 191 § 10.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.105 - Certain records exempt from public disclosure—Exemptions—Actions not prohibited by chapter.

RCW 15.66.105
Certain records exempt from public disclosure—Exemptions—Actions not prohibited by chapter.
(1) Pursuant to RCW 42.56.380, certain agricultural business records, commodity commission records, and department of agriculture records relating to commodity commissions and producers of agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records submitted to either the department or a commodity commission for the purpose of administering this chapter or a marketing order may be shared between the department and the applicable commodity commission. They may also be used, if required, in any suit or administrative hearing involving any provision of this chapter or a marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of a number of persons subject to any marketing order as long as the statements do not identify the information furnished by any person; or
(b) The publication by the director or a commodity commission of the name of any person violating any marketing order and a statement of the manner of the violation by that person.
[ 2005 c 274 § 217; 2002 c 313 § 50.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.110 - Commodity commission—Composition—Terms.

RCW 15.66.110
Commodity commission—Composition—Terms.
(1) Every marketing order shall establish a commodity commission composed of not less than five nor more than fifteen members. Commission members shall be citizens and residents of this state if required by the marketing order, and over the age of eighteen. Not more than one commission member may be part of the same "person" as defined by this chapter. The term of office of commission members shall be three years with the terms rotating so than one-third of the terms will commence as nearly as practicable each year. However, the first commission shall be selected, one-third for a term of one year, one-third for a term of two years, and one-third for a term of three years, as nearly as practicable. Except as provided in subsection (2) of this section, no less than sixty percent of the commission members shall be elected by the affected producers and such elected members shall all be affected producers. Except as provided in subsection (4) of this section, the remaining members shall be appointed by the commission and shall be either affected producers, others active in matters relating to the affected commodity, or persons not so related.
(2) A marketing order may provide that a majority of the commission be appointed by the director.
(3) In the event that the marketing order provides that a majority of the commission be appointed by the director, the marketing order shall incorporate the provisions of RCW 15.66.113 for member selection.
(4) The director shall appoint to every commission one member who represents the director. The director is a voting member of each commodity commission.
[ 2003 c 396 § 4; 2002 c 313 § 51; 2001 c 315 § 2; 1961 c 11 § 15.66.110. Prior: 1955 c 191 § 11.]
NOTES:
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.113 - When director appoints majority of the commission—Nominations—Advisory vote—Notice—Director selects either of two candidates receiving the most votes.

RCW 15.66.113
When director appoints majority of the commission—Nominations—Advisory vote—Notice—Director selects either of two candidates receiving the most votes.
(1) This section applies when the director appoints a majority of the positions of the commission as set forth under RCW 15.66.110(3).
(2) Candidates for director-appointed positions on a commission shall be nominated under RCW 15.66.120(1).
(3) Not less than sixty days nor more than seventy-five days prior to the commencement of a commission member's term, the director shall cause an advisory vote to be held for the director-appointed positions. Advisory ballots shall be mailed to all affected producers and shall be returned to the director not less than thirty days prior to the commencement of the term. The advisory ballot shall be conducted in a manner so that it is a secret ballot. The names of the two candidates receiving the most votes in the advisory vote shall be forwarded to the director for potential appointment to the commission. In the event there are only two candidates nominated for a position, an advisory vote may not be held and the candidates' names shall be forwarded to the director for potential appointment.
(4) The candidates whose names are forwarded to the director for potential appointment shall submit to the director a letter stating why he or she wishes to be appointed to the commission. The director may select either person for the position.
[ 2011 c 103 § 21; 2002 c 313 § 52.]
NOTES:
Purpose—2011 c 103: See note following RCW 15.26.120.
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.123 - After any vote, referendum, nomination, or election—Affected parties provided results—Disputes.

RCW 15.66.123
After any vote, referendum, nomination, or election—Affected parties provided results—Disputes.
(1) Upon completion of any vote, referendum, or nomination and elections, the department shall tally the results of the vote and provide the results to affected parties.
(2) If an affected party disputes the results of a vote, that affected party, within sixty days from the announced results, shall provide in writing a statement of why the vote is disputed and request a recount.
(3) Once the vote is tallied and distributed, all disputes are resolved, and all matters in a vote are finalized, the individual ballots may be destroyed.
[ 2002 c 313 § 55.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.130 - Commodity commission—Meetings—Quorum—Compensation—Travel expenses for members and employees.

RCW 15.66.130
Commodity commission—Meetings—Quorum—Compensation—Travel expenses for members and employees.
Each commodity commission shall hold such regular meetings as the marketing order may prescribe or that the commission by resolution may prescribe, together with such special meetings that may be called in accordance with provisions of its resolutions upon reasonable notice to all members thereof. A majority of the voting members shall constitute a quorum for the transaction of all business of the commission.
Each member of the commission shall be compensated in accordance with RCW 43.03.230. Members and employees of the commission may be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter, as defined under the commodity commission's marketing order. Otherwise, if not defined or referenced in the marketing order, reimbursement for travel expenses shall be in accordance with RCW 43.03.050 and 43.03.060.
[ 2002 c 313 § 56; 2001 2nd sp.s. c 6 § 2; 1984 c 287 § 17; 1975-'76 2nd ex.s. c 34 § 20; 1975 1st ex.s. c 7 § 10; 1972 ex.s. c 112 § 3; 1961 c 11 § 15.66.130. Prior: 1955 c 191 § 13.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.141 - Commission's plans, programs, and projects—Director's approval required.

RCW 15.66.141
Commission's plans, programs, and projects—Director's approval required.
(1) Each commodity commission shall develop and submit to the director for approval any plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising and promotion of the affected commodity; and
(b) The establishment and effectuation of market research projects, market development projects, or both to the end that the marketing and utilization of the affected commodity may be encouraged, expanded, improved, or made more efficient.
(2) The director shall review each commodity commission's advertising or promotion program to ensure that no false claims are being made concerning the affected commodity.
(3) Each commodity commission, prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its research plan, its commodity-related education and training plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a timely manner.
[ 2003 c 396 § 5.]
NOTES:
Effective date—2003 c 396: See note following RCW 15.66.030.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.142 - Commission speaks for state—Director's oversight.

RCW 15.66.142
Commission speaks for state—Director's oversight.
Each commission organized under a marketing order adopted under this chapter exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges each commission, with oversight by the director, to speak on behalf of Washington state government with regard to its particular commodity.
[ 2003 c 396 § 6.]
NOTES:
Effective date—2003 c 396: See note following RCW 15.66.030.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.143 - Lists of all affected producers and handlers—Affected parties responsible for accuracy—Use of lists.

RCW 15.66.143
Lists of all affected producers and handlers—Affected parties responsible for accuracy—Use of lists.
(1) Each commodity commission shall prepare a list of all affected producers from any information available from the department, producers, producer associations, organizations, or handlers of the affected commodity. This list shall contain the names and addresses of all affected persons who produce the affected commodity and the amount, by unit, of the affected commodity produced during at least the past three years.
(2) Each commodity commission shall prepare a list of all persons who handle the affected commodity and the amount of the commodity handled by each person during at least the past three years.
(3) It is the responsibility of all affected parties to ensure that their correct address is filed with the commodity commission. It is also the responsibility of affected parties to submit production data and handling data to the commission as prescribed by the commission's marketing order.
(4) Any qualified person may, at any time, have his or her name placed upon any list for which he or she qualifies by delivering or mailing the information to the commission. The lists shall be corrected and brought up-to-date in accordance with evidence and information provided to the commission.
(5) At the director's request, the commodity commission shall provide the director a certified list of affected producers or affected handlers from the commodity commission records. The list shall contain all information required by the director to conduct a referendum or commission member elections under this chapter.
(6) For all purposes of giving notice and holding referenda on amendment or termination proposals, and for giving notice and electing or selecting members of a commission, the applicable list corrected up to the day preceding the date the list is certified by the commission and mailed to the director is deemed to be the list of all affected producers or affected handlers, as applicable, entitled to notice or to vote. Inadvertent failure to notify an affected producer or handler does not invalidate a proceeding conducted under this chapter.
[ 2002 c 313 § 58.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.145 - Members may belong to association with same objectives—Contracts with associations authorized.

RCW 15.66.145
Members may belong to association with same objectives—Contracts with associations authorized.
Any member of an agricultural commission may also be a member or officer of an association which has the same objectives for which the agricultural commission was formed. An agricultural commission may also contract with such association for services necessary to carry out any purposes authorized under this chapter, provided that an appropriate contract has been entered into.
[ 1972 ex.s. c 112 § 4.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.66 - Washington State Agricultural Commodity Commissions. › 15.66.153 - Promotional hosting expenditures—Rules.

RCW 15.66.153
Promotional hosting expenditures—Rules.
Agricultural commodity commissions shall adopt rules governing promotional hosting expenditures by commodity commission employees, agents, or commission members under RCW 15.04.200.
[ 2002 c 313 § 59.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.