reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.570 - Action on bond by director—Authorized—Grounds.

RCW 22.09.570
Action on bond by director—Authorized—Grounds.
The director may bring action upon the bond of a warehouse operator or grain dealer against both principal against whom a claim has been made and the surety in any court of competent jurisdiction to recover the damages caused by any failure to comply with the provisions of this chapter or the rules adopted hereunder. Recovery for damages against a warehouse operator or grain dealer on a bond furnished under RCW 22.09.095 shall be limited to the bond amount that would be required for that warehouse operator or grain dealer under RCW 22.09.090.
[ 2011 c 336 § 636; 1987 c 509 § 5; 1983 c 305 § 56; 1975 1st ex.s. c 7 § 29.]
NOTES:
Severability—1987 c 509: See note following RCW 22.09.060.
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.580 - Action on bond by director—Failure of depositor creditor to file claim upon request—Effect.

RCW 22.09.580
Action on bond by director—Failure of depositor creditor to file claim upon request—Effect.
If a depositor creditor after notification fails, refuses, or neglects to file in the office of the director his or her verified claim against a warehouse operator or grain dealer bond as requested by the director within thirty days from the date of the request, the director shall thereupon be relieved of further duty or action under this chapter on behalf of the depositor creditor.
[ 2011 c 336 § 637; 1983 c 305 § 57; 1975 1st ex.s. c 7 § 30.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.590 - Action on bond by director—Records as to depositor creditors missing or information incomplete—Effect.

RCW 22.09.590
Action on bond by director—Records as to depositor creditors missing or information incomplete—Effect.
Where by reason of the absence of records or other circumstances making it impossible or unreasonable for the director to ascertain the names and addresses of all the depositor creditors, the director after exerting due diligence and making reasonable inquiry to secure that information from all reasonable and available sources, may make demand on a warehouse operator's or grain dealer's bond on the basis of information then in his or her possession, and thereafter shall not be liable or responsible for claims or the handling of claims that may subsequently appear or be discovered.
[ 2011 c 336 § 638; 1983 c 305 § 58; 1975 1st ex.s. c 7 § 31.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.600 - Action on bond by director—Powers of director.

RCW 22.09.600
Action on bond by director—Powers of director.
Upon ascertaining all claims and statements in the manner set forth in this chapter, the director may then make demand upon the warehouse operator's or grain dealer's bond on behalf of those claimants whose claims and statements have been filed, and has the power to settle or compromise the claims with the surety company on the bond, and is empowered in such cases to execute and deliver a release and discharge of the bond involved.
[ 2011 c 336 § 639; 1983 c 305 § 59; 1975 1st ex.s. c 7 § 32.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.610 - Action on bond by director—When authorized—New bond, when required—Penalty for failure to file.

RCW 22.09.610
Action on bond by director—When authorized—New bond, when required—Penalty for failure to file.
Upon the refusal of the surety company to pay the demand, the director may thereupon bring an action on the warehouse operator's or grain dealer's bond in behalf of the depositor creditors. Upon any action being commenced on the bond, the director may require the filing of a new bond, and immediately upon the recovery in any action on the bond, a new bond shall be filed. The failure to file the new bond or otherwise satisfy the security requirements of this chapter within ten days in either case constitutes grounds for the suspension or revocation of the license of any principal on the bond.
[ 2011 c 336 § 640; 1987 c 509 § 6; 1983 c 305 § 60; 1975 1st ex.s. c 7 § 33.]
NOTES:
Severability—1987 c 509: See note following RCW 22.09.060.
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.615 - Action by depositor upon licensee's bond.

RCW 22.09.615
Action by depositor upon licensee's bond.
(1) If no action is commenced under RCW 22.09.570 within thirty days after written demand to the department, any depositor injured by the failure of a licensee to comply with the condition of his or her bond has a right of action upon the licensee's bond for the recovery of his or her damages. The depositor shall give the department immediate written notice of the commencement of any such action.
(2) Recovery under the bond shall be prorated when the claims exceed the liability under the bond.
(3) Whenever the claimed shortage exceeds the amount of the bond, it is not necessary for any depositor suing on the bond to join other depositors in the suit, and the burden of establishing proration is on the surety as a matter of defense.
[ 2011 c 336 § 641; 1983 c 305 § 53; 1963 c 124 § 37. Formerly RCW 22.09.370.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.620 - Payment for agricultural commodities purchased—Time requirements.

RCW 22.09.620
Payment for agricultural commodities purchased—Time requirements.
Every warehouse operator or grain dealer must pay for agricultural commodities purchased by him or her at the time and in the manner specified in the contract with the depositor, but if no time is set by the contract, then within thirty days after taking possession for purpose of sale or taking title of the agricultural product.
[ 2011 c 336 § 642; 1983 c 305 § 62; 1975 1st ex.s. c 7 § 34.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.630 - Payment violations—Recovery by department—Charges to depositors.

RCW 22.09.630
Payment violations—Recovery by department—Charges to depositors.
When a violation has occurred which results in improper payment or nonpayment and a claim is made to the department and the payment is secured through the actions of the department the following charges will be made to the depositor for the action of the department in the matter:
(1) When reported within thirty days from time of default, no charge.
(2) When reported thirty days to one hundred eighty days from time of default, five percent.
(3) When reported after one hundred eighty days from time of default, ten percent.
[ 1975 1st ex.s. c 7 § 35.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.640 - Publication and distribution of list of licensed warehouses.

RCW 22.09.640
Publication and distribution of list of licensed warehouses.
Notwithstanding the provisions of chapter 42.56 RCW, the department shall publish annually and distribute to interested parties, a list of licensed warehouses showing the location, county, capacity, and bond coverage for each company.
[ 2005 c 274 § 240; 1979 ex.s. c 238 § 25.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.650 - Remedies of department as to stations.

RCW 22.09.650
Remedies of department as to stations.
When a station is licensed pursuant to this chapter, the department may assert any and all the remedies provided for in this chapter, including but not limited to those remedies provided for in RCW 22.09.350. Furthermore, if inspection of that portion of the station located in the contiguous state is refused by the licensee, the department may give notice to the licensee to submit to such inspection as the department may deem necessary.
If the station refuses to comply with the terms of the notice within twenty-four hours, the director may summarily suspend the station's license pending a hearing in compliance with chapter 34.05 RCW.
[ 1983 c 305 § 63; 1979 ex.s. c 238 § 26.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.660 - Emergency storage situation—Forwarding to other warehouses.

RCW 22.09.660
Emergency storage situation—Forwarding to other warehouses.
Upon determining that an emergency storage situation appears to exist, the director may authorize the warehouse operator to forward grain that is covered by negotiable receipts to other licensed warehouses for storage without canceling and reissuing the negotiable receipts pursuant to conditions established by rule.
[ 2011 c 336 § 643; 2003 c 13 § 1; 1983 c 305 § 64.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.710 - Designation of inspection points and terminal warehouses.

RCW 22.09.710
Designation of inspection points and terminal warehouses.
The department may designate a warehouse located at an inspection point as a terminal warehouse. The department shall, by rule, designate inspection points which shall be provided with state/federal inspection and weighing services commencing July 1, 1979. The revenue from inspection and weighing shall equal the cost of providing such services. Where the department after hearing determines that such cities are no longer necessary as inspection points it may by rule change such designated inspection points by removing one or more locations.
[ 1979 ex.s. c 238 § 21; 1963 c 124 § 38. Formerly RCW 22.09.380.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.720 - Grades and standards of commodities—Regulations.

RCW 22.09.720
Grades and standards of commodities—Regulations.
The grades and standards established by the United States department of agriculture as of September 30, 1988, for all commodities included within the provisions of this chapter are hereby adopted as the grades and standards for such commodities in this state: PROVIDED, That the department is hereby authorized to adopt by regulation any new or future amendments to such federal grades and standards. The department is also authorized to issue regulations whether or not in accordance with the federal government and to prescribe therein grades and standards which it may deem suitable for inspection of commodities in the state of Washington. In adopting any new or amendatory regulations the department shall give appropriate consideration, among other relevant factors, to the following:
(1) The usefulness of uniform federal and state grades;
(2) The common classifications given such commodities within the industry;
(3) The utility of various grades;
(4) The kind and type of grades requested by those dealing with the particular type of commodity; and
(5) The condition of the commodity with regard to its wholesomeness and purity.
[ 1989 c 354 § 47; 1963 c 124 § 39. Formerly RCW 22.09.390.]
NOTES:
Severability—1989 c 354: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.730 - Inspection or grading of commodities—Methods.

RCW 22.09.730
Inspection or grading of commodities—Methods.
Inspection or grading of a lot, partial lot, or sample of a commodity tendered for inspection or grading under this chapter shall consist of taking and examining a representative sample thereof and making such tests as are necessary to determine its grade, condition, or other qualitative measurement. Commodities tendered for inspection must be offered and made accessible for sampling at inspection points during customary business hours.
(1) No inspector shall issue a certificate of grade, grading factors, condition, or other qualitative measurement for any commodity unless the inspection or grading thereof be based upon a correct and representative sample of the commodity and the inspection is made under conditions which permit the determination of its true grade or quality, except as provided in subsections (2) and (3) of this section. No sample shall be deemed to be representative unless it is of the size and procured in accordance with the uniform methods prescribed by the department.
(2) An inspection may be made of a submitted sample of a commodity, provided that the certificate issued in such case clearly shows that the inspection or grading covers only the submitted sample of such commodity and not the lot from which it is purportedly drawn.
(3) When commodities are tendered for inspection in such a manner as to make the drawing of a representative sample impossible, a qualified inspection may be made. In such case, the certificate shall clearly show the condition preventing proper sampling such as heavily loaded car, truck, barge, or other container, or other condition.
[ 1989 c 354 § 48; 1963 c 124 § 40. Formerly RCW 22.09.400.]
NOTES:
Severability—1989 c 354: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.740 - Inspection or grading of commodities—File samples, retention.

RCW 22.09.740
Inspection or grading of commodities—File samples, retention.
From all commodities inspected, samples may be drawn, which samples, unless returned by agreement to the applicant, shall become the property of the state and subject to disposition by the department. Upon request the department may transmit a portion of such samples to interested parties upon payment of a reasonable fee set by regulation. Official state file samples shall be retained for periods prescribed by state or federal regulation.
[ 1989 c 354 § 49; 1963 c 124 § 41. Formerly RCW 22.09.410.]
NOTES:
Severability—1989 c 354: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.750 - Inspection or grading of commodities—Powers and duties of inspectors at terminal warehouses—Recordkeeping.

RCW 22.09.750
Inspection or grading of commodities—Powers and duties of inspectors at terminal warehouses—Recordkeeping.
The department's inspectors shall, at terminal warehouses, have exclusive control of the weighing, inspecting, and grading of the commodities that are included within the provisions of this chapter: PROVIDED, That official supervision of weighing under the United States grain standards act shall be deemed in compliance with this section. The action and the certificates of the inspectors in the discharge of their duties, as to all commodities inspected or weighed by them, shall be accepted as prima facie evidence of the correctness of the above activity. Suitable books and records shall be maintained in which shall be entered a record of each inspection activity and the fees assessed and collected. These books and records shall be available for inspection by any party of interest during customary business hours. The records shall be maintained for periods set by regulation.
[ 1989 c 354 § 50; 1983 c 305 § 54; 1963 c 124 § 42. Formerly RCW 22.09.420.]
NOTES:
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.760 - Inspection or grading of commodities—No inspection if commodity is to be loaded into defective container.

RCW 22.09.760
Inspection or grading of commodities—No inspection if commodity is to be loaded into defective container.
No inspection shall be made of any commodity which is to be loaded into a vessel, vehicle, or other container, if it appears that the hold, compartment, or other enclosure into which the commodity is to be loaded is in such condition as to contaminate the commodity or lower the grade.
[ 1963 c 124 § 43. Formerly RCW 22.09.430.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.770 - Inspection or grading of commodities—Unlawful practices—Penalty.

RCW 22.09.770
Inspection or grading of commodities—Unlawful practices—Penalty.
Any department employee who shall, directly or indirectly, accept any money or other consideration for any neglect of duty or any improper performance of duty as such department employee; or any person who shall knowingly cause or attempt to cause the issuance of a false or incorrect grade or weight certificate under this chapter by deceptive loading, handling, or sampling of commodities or by submitting commodities for inspection knowing that it has been so loaded, handled, or sampled, or by any other means; shall be deemed guilty of a misdemeanor.
[ 1963 c 124 § 44. Formerly RCW 22.09.440.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.780 - Inspection or grading of commodities.

RCW 22.09.780
Inspection or grading of commodities.
(1) In case any owner, consignee, or shipper of any commodity included under the provisions of this chapter, or his or her agent or broker, or any warehouse operator shall be aggrieved at the grading of such commodity, the person may request a reinspection or appeal inspection within three business days from the date of certificate. The reinspection or appeal may be based in the official file sample or upon a new sample drawn from the lot of the grain or commodity if the lot remains intact and available for sampling. The reinspection or appeal inspection shall be of the same factors and scope as the original inspection.
(2) For commodities inspected under federal standards, the reinspection and appeal inspection procedure provided in the applicable federal regulations shall apply. For commodities inspected under state standards, the department shall provide a minimum of a reinspection and appeal inspection service. The reinspection shall consist of a full review of all relevant information and a reexamination of the commodity to determine the correctness of the grade assigned or other determination. The reinspection shall be performed by an authorized inspector of the department other than the inspector who performed the original inspection unless no other inspector is available. An appeal inspection shall be performed by a supervisory inspector.
(3) If the grading of any commodity for which federal standards have been fixed and the same adopted as official state standards has not been the subject of a hearing, in accordance with subsection (2) of this section, any interested party who is aggrieved with the grading of such commodity, may, with the approval of the secretary of the United States department of agriculture, appeal to the federal grain supervisor of the supervision district in which the state of Washington may be located. Such federal grain supervisor shall confer with the department inspectors and any other interested party and shall make such tests as he or she may deem necessary to determine the correct grade of the commodity in question. Such federal grade certificate shall be prima facie evidence of the correct grade of the commodity in any court in the state of Washington.
[ 2011 c 336 § 644; 1989 c 354 § 51; 1963 c 124 § 45. Formerly RCW 22.09.450.]
NOTES:
Severability—1989 c 354: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.790 - Inspection or grading of commodities—Fees and charges.

RCW 22.09.790
Inspection or grading of commodities—Fees and charges.
(1) The department shall fix the fees for inspection, grading, and weighing of the commodities included under the provisions of this chapter, which fees shall be sufficient to cover the cost of such service. The fees for inspection, weighing, and grading of such commodities shall be a lien upon the commodity so weighed, graded, or inspected which the department may require to be paid by the carrier or agent transporting the same and treated by it as an advanced charge, except when the bill of lading contains the notation "not for terminal weight and grade," and the commodity is not unloaded at a terminal warehouse.
(2) The department is authorized to make any tests relating to grade or quality of commodities covered by this chapter. The department may inspect and approve facilities and vessels to be used in transporting such commodities and provide any other necessary services. It may fix and charge a reasonable fee to be collected from the person or his or her agent requesting such service.
(3) The department shall so adjust the fees to be collected under this chapter as to meet the expenses necessary to carry out the provisions hereof, and may prescribe a different scale of fees for different localities. The department may also prescribe a reasonable charge for service performed at places other than terminal warehouses in addition to the regular fees when necessary to avoid rendering the services at a loss to the state.
[ 2011 c 336 § 645; 1963 c 124 § 46. Formerly RCW 22.09.460.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.800 - Inspection or grading of commodities—Scales and weighing.

RCW 22.09.800
Inspection or grading of commodities—Scales and weighing.
If any terminal warehouse at inspection points is provided with proper scales and weighing facilities, the department may weigh the commodity upon the scales so provided. The department at least once each year shall cause to be examined, tested, and corrected, all scales used in weighing commodities in any of the cities designated as inspection points in this chapter or such places as may be hereinafter designated, and after such scale is tested, if found to be correct and in good condition, to seal the weights with a seal provided for that purpose and issue to the owner or proprietor a certificate authorizing the use of such scales for weighing commodities for the ensuing year, unless sooner revoked by the department. If such scales be found to be inaccurate or unfit for use, the department shall notify the party operating or using them, and the party thus notified shall, at his or her own expense, thoroughly repair the same before attempting to use them and until thus repaired or modified to the satisfaction of the department the certificate of such party shall be suspended or revoked at the discretion of the department. The party receiving such certificate shall pay to the department a reasonable fee for such inspection and certificate to be fixed by the department. It shall be the duty of the department to see that the provisions of this section are strictly enforced.
[ 2011 c 336 § 646; 1963 c 124 § 47. Formerly RCW 22.09.470.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.810 - Inspection or grading of commodities—Inspection of commodities shipped to or from places other than inspection points.

RCW 22.09.810
Inspection or grading of commodities—Inspection of commodities shipped to or from places other than inspection points.
In case any commodity under the provisions of this chapter is sold for delivery on Washington grade to be shipped to or from places not provided with state inspection under this chapter, the buyer, seller, or persons making delivery may have it inspected by notifying the department or its inspectors, whose duty it shall be to have such commodity inspected, and after it is inspected, to issue to the buyer, seller, or person delivering it, without undue delay, a certificate showing the grade of such commodity. The person or persons, or his or her agent, calling for such inspection shall pay for such inspection a reasonable fee to be fixed by the department.
[ 2011 c 336 § 647; 1963 c 124 § 48. Formerly RCW 22.09.480.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.820 - Inspection or grading of commodities—Unloading commodity without inspection or weighing.

RCW 22.09.820
Inspection or grading of commodities—Unloading commodity without inspection or weighing.
When commodities are shipped to points where inspection is provided and the bill of lading does not contain the notation "not for terminal weight and grade" and the commodity is unloaded by or on account of the consignee or his or her assignee without being inspected or weighed by a duly authorized inspector under the provisions of this chapter, the shipper's weight and grade shall be conclusive and final and shall be the weight and grade upon which settlement shall be made with the seller, and the consignee or his or her assignee, by whom such commodities are so unlawfully unloaded shall be liable to the seller thereof for liquidated damages in an amount equal to ten percent of the sale price of such commodities computed on the basis of the shipper's weight and grade.
[ 2011 c 336 § 648; 1963 c 124 § 49. Formerly RCW 22.09.490.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.830 - Grain inspection revolving fund—Hop inspection fund—Grain warehouse audit account.

RCW 22.09.830
Grain inspection revolving fund—Hop inspection fund—Grain warehouse audit account.
(1) All moneys collected as fees for weighing, grading, and inspecting commodities and all other fees collected under the provisions of this chapter, except as provided in subsections (2) and (3) of this section, shall be deposited in the grain inspection revolving fund, which is hereby established. The state treasurer is the custodian of the revolving fund. Disbursements from the revolving fund shall be on authorization of the director of the department of agriculture. The revolving fund is subject to the allotment procedure provided in chapter 43.88 RCW, but no appropriation is required for disbursements from the fund. The fund shall be used for all expenses directly incurred by the grain inspection program in carrying out the provisions of this chapter.
(2) All fees collected for the inspection, grading, and testing of hops shall be deposited into the hop inspection fund, which is hereby established, and shall be retained by the department for the purpose of inspecting, grading, and testing hops. Any moneys in any fund retained by the department on July 1, 1963, and derived from hop inspection and grading shall be deposited to this hop inspection fund. For the purposes of research which would contribute to the development of superior hop varieties and to improve hop production and harvest practices, the department may expend up to twenty percent of the moneys deposited in the hop inspection fund during the fiscal year ending June 30th immediately preceding the year in which such expenditures are to be made. No expenditures shall be made under the provisions of this subsection when the hop inspection fund is, or the director may reasonably anticipate that it will be, reduced below twenty thousand dollars as the result of such expenditure or other necessary expenditures made to carry out the inspection, grading, and testing of hops.
(3) All moneys collected by the grain warehouse audit program, including grain warehouse license fees pursuant to RCW 22.09.050 and 22.09.055, shall be deposited by the director into the grain warehouse audit account, hereby created within the agricultural local fund established in RCW 43.23.230. Moneys collected shall be used to support the grain warehouse audit program.
[ 2012 c 25 § 4. Prior: 1994 sp.s. c 6 § 901; 1994 c 46 § 6; 1989 c 354 § 52; 1981 c 297 § 25; 1963 c 124 § 50. Formerly RCW 22.09.500.]
NOTES:
Severability—Effective date—1994 sp.s. c 6: See notes following RCW 28A.310.020.
Effective date—1994 c 46: See note following RCW 15.58.070.
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1981 c 297: See note following RCW 15.36.201.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.840 - Fumigated conveyances to be labeled.

RCW 22.09.840
Fumigated conveyances to be labeled.
It shall be unlawful to ship commodities in closed conveyances which have been fumigated without labeling such railroad car, vehicle, or other conveyance to show that it has been fumigated. The label shall show the type of fumigant used and the date of application.
[ 1963 c 124 § 53. Formerly RCW 22.09.530.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.850 - Railroads to provide side tracks and track scales—Weighing of cars.

RCW 22.09.850
Railroads to provide side tracks and track scales—Weighing of cars.
Any railroad delivering commodities covered by this chapter in cars at designated inspection points shall provide convenient and suitable side tracks at such places as the department may approve. All cars billed for inspection shall be placed on such side tracks and the department shall be notified by the railroad in accordance with department regulations. Such railroad company shall provide suitable track scales for weighing cars of commodities upon the request of interested persons. Upon request, the department may weigh, or supervise the weighing of all cars of commodities received over the line of such railroad. Such weighing shall be conditioned upon the weighing of such cars after unloading to determine the actual weight of commodities delivered.
[ 1963 c 124 § 28. Formerly RCW 22.09.280.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.860 - Police protection of terminal yards and tracks.

RCW 22.09.860
Police protection of terminal yards and tracks.
All railroad companies and warehouse operators operating in the cities provided for inspection by this chapter shall furnish ample and sufficient police protection to all their several terminal yards and terminal tracks to securely protect all cars containing commodities while the same are in their possession. They shall prohibit and restrain all unauthorized persons, whether under the guise of sweepers, or under any other pretext whatever, from entering or loitering in or about their railroad yards or tracks and from entering any car of commodities under their control, or removing commodities therefrom, and shall employ and detail such number of security guards as may be necessary for the purpose of carrying out the provisions of this section.
[ 2013 c 23 § 39; 2011 c 336 § 649; 1963 c 124 § 27. Formerly RCW 22.09.270.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.870 - Injunctions.

RCW 22.09.870
Injunctions.
The director may bring an action in the name of the state to temporarily and/or permanently enjoin the violation of any provision of this chapter or any rule adopted pursuant to this chapter in the superior court in the county in which such violation occurs notwithstanding the existence of any other remedy at law.
[ 1963 c 124 § 54. Formerly RCW 22.09.540.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.880 - Cooperation with governmental agencies and private associations.

RCW 22.09.880
Cooperation with governmental agencies and private associations.
The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter and the United States Warehouse Act (7 USCA § 241 et seq.) and the United States Grain Standards Act, as amended (7 USCA § 71, et seq.). Notwithstanding any other provision of this chapter such agreements may also relate to a joint program for licensing, bonding, and inspecting stations. Such a program should be designed to avoid duplication of effort on the part of the licensing authority and requirements for operation, and promote more efficient enforcement of the provisions of this chapter and comparable provisions of the law of the states of Idaho or Oregon.
[ 1983 c 305 § 55; 1979 ex.s. c 238 § 22; 1963 c 124 § 55. Formerly RCW 22.09.550.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.890 - General penalty.

RCW 22.09.890
General penalty.
A violation of any provision or section of this chapter, where no other penalty is provided for, and the violation of any rule or regulation adopted hereunder shall constitute a misdemeanor.
[ 1963 c 124 § 58. Formerly RCW 22.09.560.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.895 - Civil penalty.

RCW 22.09.895
Civil penalty.
Every person who fails to comply with this chapter, or any rule adopted under it, may be subjected to a civil penalty, as determined by the director, in an amount of not more than one thousand dollars for every such violation. Each and every violation shall be a separate and distinct offense. Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated this chapter and may be subject to the penalty provided for in this section.
[ 1987 c 393 § 24.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.900 - Continuation of rules adopted pursuant to repealed chapter.

RCW 22.09.900
Continuation of rules adopted pursuant to repealed chapter.
The repeal of chapter 22.08 RCW and the enactment of this chapter shall not be deemed to have repealed any rules adopted under the provisions of chapter 22.08 RCW and in effect immediately prior to such repeal and not inconsistent with the provisions of this chapter. For the purpose of this chapter it shall be deemed that such rules have been adopted under the provisions of this chapter pursuant to the provisions of chapter 34.05 RCW concerning the adoption of rules.
[ 1963 c 124 § 56.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.910 - Savings—1963 c 124.

RCW 22.09.910
Savings—1963 c 124.
The enactment of this chapter shall not have the effect of terminating, or in any way modifying any liability, civil or criminal, which shall already be in existence on July 1, 1963.
[ 1963 c 124 § 57.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.920 - Construction as to Article 7 of Title 62A RCW.

RCW 22.09.920
Construction as to Article 7 of Title 62A RCW.
Nothing in this chapter, with the exception of RCW 22.09.290(1)(b), shall be deemed to repeal, amend, or modify Article 7 of Title 62A RCW.
[ 1979 ex.s. c 238 § 23; 1963 c 124 § 59.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.09 - Agricultural Commodities. › 22.09.930 - Effective date—1963 c 124.

RCW 22.09.930
Effective date—1963 c 124.
The effective date of this chapter shall be July 1, 1963.
[ 1963 c 124 § 60.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.16 - Warehouses and Elevators—Eminent Domain. › 22.16.010 - Right of eminent domain extended.

RCW 22.16.010
Right of eminent domain extended.
The right of eminent domain is hereby extended to corporations incorporated or that may hereafter be incorporated under the laws of this state, or of any other state or territory and qualified to transact business in this state for the purpose of acquiring, owning or operating public warehouses or elevators for storing and handling grain, produce and other agricultural commodities which may desire to secure warehouse or elevator sites or rights-of-way for roadways leading to and from the same or for wharves or boat landings on navigable waters and all other purposes incident to and connected with the business conducted by such warehouse or elevator.
[ 1919 c 98 § 1; RRS § 11566.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.16 - Warehouses and Elevators—Eminent Domain. › 22.16.020 - Right of entry.

RCW 22.16.020
Right of entry.
Every corporation incorporated or that may hereafter be incorporated under the laws of this state or of any other state or territory, and qualified to transact business in this state for the purpose of acquiring, owning or operating public warehouses or elevators for storing and handling grain, produce and other agricultural commodities which may desire to erect and operate any such public warehouse or elevator, or to erect and operate tramways or cable tramways for the purpose of carrying, conveying or transporting such grain, produce or commodities to or from such warehouse or elevator or to acquire rights-of-way for roadways to and from such warehouse or elevator or to acquire boat landing or wharving facilities in connection with such warehouse or elevator shall have the right to enter upon any lands proposed to be used for any such purpose for the purpose of examining, locating and surveying the lines and boundaries thereof, doing no unnecessary damage thereby.
[ 1919 c 98 § 2; RRS § 11567.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.16 - Warehouses and Elevators—Eminent Domain. › 22.16.030 - Extent of appropriation.

RCW 22.16.030
Extent of appropriation.
Every such corporation shall have the right to appropriate real estate and other property for any or all of the said purposes and under the same procedure as now is or may be hereafter provided by law, in the case of other corporations authorized by the laws of this state to exercise the right of eminent domain.
[ 1919 c 98 § 3; RRS § 11568.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.16 - Warehouses and Elevators—Eminent Domain. › 22.16.040 - Limitations on right—Finding of public necessity.

RCW 22.16.040
Limitations on right—Finding of public necessity.
The right hereby granted shall not be exercised within the limits of any regularly organized port district, nor against the right-of-way of any railroad company within the yard limits thereof, nor unless and until the director of the department of agriculture after a full hearing shall have determined that existing facilities are inadequate and that a public necessity exists for the construction of additional facilities and shall specify what additional facilities are necessary and shall have further determined that the facilities contemplated to be established will be a public benefit. Such hearing shall be initiated and conducted in accordance with the statutes, rules and regulations relating to public hearings before the director.
[ 1919 c 98 § 4; RRS § 11569.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.28 - Safe Deposit Companies. › 22.28.010 - Definitions.

RCW 22.28.010
Definitions.
The term safe deposit company as used in RCW 22.28.010 through 22.28.060 shall be construed to extend to and include all banks, trust companies and other corporations organized under the laws of the state of Washington or of the United States of America, and doing business in the state of Washington; which are empowered by law to let vaults, safes or other receptacles upon the premises occupied by such bank, trust company or corporation.
[ 1923 c 186 § 1; RRS § 3382.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.28 - Safe Deposit Companies. › 22.28.020 - Safe deposit company a warehouse operator.

RCW 22.28.020
Safe deposit company a warehouse operator.
Whenever any safe deposit company shall take or receive as bailee for hire and for safekeeping or storage any jewelry, plate, money, specie, bullion, stocks, bonds, mortgages, securities, or valuable paper of any kind, or other valuable personal property, and shall have issued a receipt therefor, it shall be deemed to be a warehouse operator as to such property and the provisions of Article 7 of the Uniform Commercial Code, Title 62A RCW, shall apply to such deposit, or to the proceeds thereof, to the same extent and with the same effect, and be enforceable in the same manner as is now provided with reference to warehouse operators in said act.
[ 2011 c 336 § 650; 1983 c 3 § 26; 1923 c 186 § 2; RRS § 3383.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.28 - Safe Deposit Companies. › 22.28.030 - Exercise of due care required.

RCW 22.28.030
Exercise of due care required.
Whenever any safe deposit company shall let or lease any vault, safe, box or other receptacle for the keeping or storage of personal property such safe deposit company shall be bound to exercise due care to prevent the opening of such vault, safe, box or receptacle by any person other than the lessee thereof, or his or her duly authorized agent, and the parties may provide in writing the terms, conditions, and liabilities in the lease. Authorized agent as used in this section includes, but is not limited to, a duly appointed personal representative, an attorney-in-fact, a special representative, or a trustee acting under a revocable living trust.
[ 2005 c 97 § 15; 1923 c 186 § 3; RRS § 3384.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.28 - Safe Deposit Companies. › 22.28.060 - Destruction of paper contents—Other remedies available.

RCW 22.28.060
Destruction of paper contents—Other remedies available.
Whenever the contents of any such safe or box, so opened, shall consist either wholly or in part, of documents or letters or other papers of a private nature, such documents, letters, or papers shall not be sold, but shall be deposited with the department of revenue as unclaimed property unless sooner claimed by the owner. The department may hold or destroy documents or letters or other papers, and the holder shall not be held liable to any person or persons whatsoever for the destruction of papers or other contents which the department declines to accept.
The provision of this section shall not preclude any other remedy by action or otherwise now existing for the enforcement of the claims of a corporation against the person in whose name such safe or box stood, nor bar the right of a safe deposit company to recover so much of the debt due it as shall not be paid by the proceeds of the sale of the property deposited with it. The sale or disposition of property in accordance with this chapter shall discharge the holder of all liability to the owner for such sale or disposition, irrespective of whether a better price could have been obtained by a sale at a different time or in a different method from that selected by the holder.
[ 1983 c 289 § 2; 1923 c 186 § 5; RRS § 3386. Formerly RCW 22.28.060, 22.28.070.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.32 - General Penalties. › 22.32.010 - Warehouse operator or carrier refusing to issue receipt.

RCW 22.32.010
Warehouse operator or carrier refusing to issue receipt.
Every person or corporation, and every officer, agent and employee thereof, receiving any goods, wares or merchandise, for sale or on commission, for storage, carriage or forwarding, who, having an opportunity to inspect the same, shall fail or refuse to deliver to the owner thereof a receipt duly signed, bearing the date of issuance, describing the goods, wares or merchandise received and the quantity, quality and condition thereof, and specifying the terms and conditions upon which they are received, shall be guilty of a misdemeanor.
[ 1909 c 249 § 391; RRS § 2643.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.32 - General Penalties. › 22.32.020 - Fictitious bill of lading and receipt.

RCW 22.32.020
Fictitious bill of lading and receipt.
Every person or corporation engaged wholly or in part in the business of a common carrier or warehouse operator, and every officer, agent or employee thereof, who shall issue any bill of lading, receipt or other voucher by which it shall appear that any goods, wares or merchandise have been received by such carrier or warehouse operator, unless the same have been so received and shall be at the time actually under his or her control, or who shall issue any bill of lading, receipt or voucher containing any false statement concerning any material matter, shall be guilty of a gross misdemeanor. But no person shall be convicted under this section for the reason that the contents of any barrel, box, case, cask or other closed vessel or package mentioned in the bill of lading, receipt or voucher did not correspond with the description thereof in such instrument, if such description corresponds substantially with the mark on the outside of such barrel, box, case, cask, vessel or package, unless it appears that the defendant knew that such marks were untrue.
[ 2011 c 336 § 652; 1909 c 249 § 392; RRS § 2644. Prior: 1891 c 69 § 7; Code 1881 § 836; 1873 p 193 § 62; 1854 p 85 § 56.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.32 - General Penalties. › 22.32.030 - Fraudulent tampering with or mixing goods.

RCW 22.32.030
Fraudulent tampering with or mixing goods.
Every person mentioned in RCW 22.32.020, who shall fraudulently mix or tamper with any goods, wares or merchandise under his or her control, shall be guilty of a gross misdemeanor.
[ 2011 c 336 § 653; 1909 c 249 § 393; RRS § 2645.]
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.32 - General Penalties. › 22.32.040 - Issuance of second receipt not marked "duplicate."

RCW 22.32.040
Issuance of second receipt not marked "duplicate."
Every person mentioned in RCW 22.32.020, who shall issue any second or duplicate receipt or voucher of the kind specified in said section, while a former receipt or voucher for the goods, wares or merchandise specified in such second receipt is outstanding and uncanceled, without writing across the face of the same the word "Duplicate," in a plain and legible manner, shall be guilty of a misdemeanor.
[ 1909 c 249 § 394; RRS § 2646.]
NOTES:
Reviser's note: Caption for 1909 c 249 § 394 reads as follows: "SEC. 394. DUPLICATE RECEIPT."
2023 Revised Code of Washington › Title 22 - Warehousing and Deposits › Chapter 22.32 - General Penalties. › 22.32.050 - Delivery of goods without taking up receipt.

RCW 22.32.050
Delivery of goods without taking up receipt.
Each person mentioned in RCW 22.32.020 who shall deliver to another any goods, wares or merchandise for which a bill of lading, receipt or voucher has been issued, unless such bill of lading, receipt or voucher is surrendered and canceled or a lawful and sufficient bond or undertaking is given therefor at the time of such delivery, or unless, in case of a partial delivery, a memorandum thereof is endorsed upon such bill of lading, receipt or voucher, shall be guilty of a misdemeanor.
[ 1909 c 249 § 395; RRS § 2647.]
NOTES:
Reviser's note: Caption for 1909 c 249 § 395 reads as follows: "SEC. 395. BILL OF LADING OR RECEIPT MUST BE CANCELED ON REDELIVERY OF PROPERTY."