reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.240 - Terms of members of commodity boards—Elections or appointment.

RCW 15.65.240
Terms of members of commodity boards—Elections or appointment.
The term of office of board members shall be three years, and one-third as nearly as may be shall be elected or appointed every year: PROVIDED, That at the inception of any agreement or order the entire board shall be elected or appointed 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 to the end that memberships on such board shall be on a rotating basis. In the event an order or agreement provides that both producers and handlers shall be members of such board the terms of each type of member shall be so arranged that one-third of the handler members as nearly as may be and one-third of the producer members as nearly as may be shall be elected or appointed each year.
Any marketing agreement or order may provide for election or appointment of board members by districts, in which case district lines and the number of board members to be elected or appointed from each district shall be specified in such agreement or order and upon such basis as the director finds to be fair and equitable and reasonably adapted to effectuate the declared policies of this chapter.
[ 2002 c 313 § 23; 1961 c 256 § 24.]
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. › 15.65.243 - When director appoints majority of the board—Nominations—Advisory vote—Notice—Director selects either of two candidates receiving the most votes.

RCW 15.65.243
When director appoints majority of the board—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 board positions as set forth under RCW 15.65.220(3).
(2) Candidates for director-appointed board positions on a commodity board shall be nominated under RCW 15.65.250.
(3) The director shall cause an advisory vote to be held for the director-appointed positions. Not less than ten days in advance of the vote, advisory ballots shall be mailed to all producers or handlers entitled to vote, if their names appear upon the list of affected parties or affected producers or handlers, whichever is applicable. Notice of every advisory vote for board membership shall be published in a newspaper of general circulation within the affected area defined in the order or agreement not less than ten days in advance of the date of the vote. 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 board. In the event there are only two candidates nominated for a board 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 the candidate wishes to be appointed to the board. The director may select either person for the position.
[ 2011 c 103 § 18; 2002 c 313 § 24.]
NOTES:
Purpose—2011 c 103: See note following RCW 15.26.120.
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.250 - Nominations for election to commodity board—When only one nominee.

RCW 15.65.250
Nominations for election to commodity board—When only one nominee.
For the purpose of nominating candidates for board memberships, the director shall call separate meetings of the affected producers and handlers within the affected area and in case elections shall be by districts the director shall call separate meetings for each district. However, at the inception any marketing agreement or order nominations may be at the issuance hearing. Nomination meetings shall be called annually and at least thirty days in advance of the date set for the election of board members. Notice of every such meeting shall be published in a newspaper of general circulation within the affected area defined in the order or agreement not less than ten days in advance of the date of such meeting and in addition, written notice of every such meeting shall be given to all on the list of affected parties or affected producers and/or handlers, whichever is applicable. However, if the agreement or order provides for election by districts such written notice need be given only to the producers or handlers residing in or whose principal place of business is within such district. Nonreceipt of notice by any interested person shall not invalidate proceedings at such meetings. Any qualified person may be nominated orally for membership upon such board at the said meetings. Nominations may also be made within five days after any such meeting by written petition filed with the director signed by not less than five producers or handlers, as the case may be, entitled to have participated in said meeting.
If the board moves and the director approves that the nomination meeting procedure be deleted, the director shall give notice of the vacancy by mail to all affected producers or handlers. The notice shall call for nominations in accordance with the marketing order or agreement and shall give the final date for filing nominations which shall not be less than twenty days after the notice was mailed.
Not more than one board member may be part of the same "person" as defined by this chapter. When only one nominee is nominated for any position on the board, the director shall determine whether the nominee meets the qualifications for the position and, if so, the director shall declare the nominee elected or appoint the nominee to the position.
[ 2002 c 313 § 26; 1987 c 393 § 7; 1985 c 261 § 9; 1975 1st ex.s. c 7 § 5; 1961 c 256 § 25.]
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. › 15.65.260 - Election of members of commodity board—Procedure.

RCW 15.65.260
Election of members of commodity board—Procedure.
(1) The elected members of every commodity board shall be elected by secret mail ballot under the supervision of the director. Elected producer members of the board shall be elected by a majority of the votes cast by the affected producers within the affected area, but if the marketing order or agreement provides for districts such producer members of the board shall be elected by a majority of the votes cast by the affected producers in the respective districts. Each affected producer within the affected area shall be entitled to one vote. Elected handler members of the board shall be elected by a majority of the votes cast by the affected handlers within the affected area, but if the marketing order or agreement provides for districts such handler members of the board shall be elected by a majority of the votes cast by the affected handlers in the respective districts. Each affected handler within the affected area shall be entitled to one vote.
If a nominee does not receive a majority of the votes on the first ballot a runoff election shall be held by mail in a similar manner between the two candidates for such position receiving the largest number of votes.
(2) Notice of every election for board membership shall be published in a newspaper of general circulation within the affected area defined in the order or agreement not less than ten days in advance of the date of such election. Not less than ten days prior to every election for board membership, the director shall mail a ballot of the candidates to each producer and handler entitled to vote whose name appears upon the list of affected parties or affected producers or handlers, whichever is applicable. Any other producer or handler entitled to vote may obtain a ballot by application to the director upon establishing his or her qualifications. Nonreceipt of a ballot by any person entitled to vote shall not invalidate the election of any board member.
[ 2002 c 313 § 27; 1985 c 261 § 10; 1961 c 256 § 26.]
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. › 15.65.270 - Vacancies, quorum, compensation, travel expenses of commodity board members and employees.

RCW 15.65.270
Vacancies, quorum, compensation, travel expenses of commodity board members and employees.
(1) In the event of a vacancy in an elected position on the board, the remaining board members shall select a qualified person to fill the vacant position for the remainder of the current term or as provided in the marketing order or agreement.
(2) In the event of a vacancy on the board in a position appointed by the director, the remaining board members shall recommend to the director a qualified person for appointment to the vacant position. The director shall appoint the person recommended by the board unless the person fails to meet the qualifications of board members under this chapter and the marketing order or agreement.
(3) A majority of the voting members of the board shall constitute a quorum for the transaction of all business and the carrying out of all duties of the board.
(4) Each member of the board shall be compensated in accordance with RCW 43.03.230. Members and employees of the board may be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter, as defined under the commodity board's marketing order or agreement. Otherwise, if not defined or referenced in the marketing order or agreement, reimbursement for travel expenses shall be at the rates allowed state employees in accordance with RCW 43.03.050 and 43.03.060.
[ 2002 c 313 § 28; 2001 2nd sp.s. c 6 § 1; 1984 c 287 § 16; 1975-'76 2nd ex.s. c 34 § 19; 1961 c 256 § 27.]
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 15.65 - Washington State Agricultural Commodity Boards. › 15.65.283 - Members may belong to association with same objectives—Contracts with other associations authorized.

RCW 15.65.283
Members may belong to association with same objectives—Contracts with other associations authorized.
Any member of an agricultural commodity board may also be a member or officer of an association which has the same objectives for which the agricultural commodity board was formed. An agricultural commodity board 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 § 1.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.285 - Restrictive provisions of chapter 43.19 RCW not applicable to promotional printing and literature of commodity boards.

RCW 15.65.285
Restrictive provisions of chapter 43.19 RCW not applicable to promotional printing and literature of commodity boards.
The restrictive provisions of chapter 43.19 RCW shall not apply to promotional printing and literature for any commodity board.
[ 2015 c 225 § 10; 1972 ex.s. c 112 § 2.]
NOTES:
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.287 - Commission's plans, programs, and projects—Director's approval required.

RCW 15.65.287
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 § 10.]
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. › 15.65.289 - Commission speaks for state—Director's oversight.

RCW 15.65.289
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 § 11.]
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. › 15.65.290 - Claims and liabilities, enforcement against organization—Personal liabilities of officials, employees, etc.

RCW 15.65.290
Claims and liabilities, enforcement against organization—Personal liabilities of officials, employees, etc.
Obligations incurred by any administrator or board or employee or agent thereof pertaining to their performance or nonperformance or misperformance of any matters or things authorized, required or permitted them by this chapter or any marketing agreement or order issued pursuant to this chapter, and any other liabilities or claims against them or any of them shall be enforced in the same manner as if the whole organization under such marketing agreement or order were a corporation. No liability for the debts or actions of such administrator, board, employee, or agent incurred in their official capacity under the agreement or order shall exist either against its administrator, board, officers, employees, and/or agents in his or her or their individual capacity, nor against the state of Washington or any subdivision or instrumentality thereof nor against any other organization, administrator or board (or employee or agent thereof) established pursuant to this chapter or the assets thereof. The administrator of any order or agreement, the members of any such board, and also his or her or their agents and employees, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other administrator, board, member of any such board, or other person. The liability of the members of any such board shall be several and not joint and no member shall be liable for the default of any other member.
[ 2010 c 8 § 6076; 1961 c 256 § 29.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.295 - Lists of all affected producers and handlers—Affected parties responsible for accuracy—Use of lists.

RCW 15.65.295
Lists of all affected producers and handlers—Affected parties responsible for accuracy—Use of lists.
(1) Each commodity board shall prepare a list of all affected producers from any information available from the department, producers, producer associations or 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 board 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 board. It is also the responsibility of affected parties to submit production data and handling data to the commodity board as prescribed by the board's marketing order or agreement.
(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 commodity board. The lists shall be corrected and brought up-to-date in accordance with evidence and information provided to the commodity board.
(5) At the director's request, the commodity board shall provide the director a list of affected producers or handlers that is certified by the commodity board to be complete according to the commodity board's records. The list shall contain all information required by the director to conduct a referendum or board member election or selection under this chapter and the marketing order or agreement.
(6) For all purposes of giving notice, holding referenda, and electing or selecting members of a commodity board, the applicable list corrected up to the day preceding the date the list is certified by the commodity board 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 § 30.]
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. › 15.65.300 - Agreement or order to contain detailed statement of powers and purposes.

RCW 15.65.300
Agreement or order to contain detailed statement of powers and purposes.
The purposes for which each marketing agreement and order is issued and the powers which shall be exercised thereunder shall be stated in detail in the provisions of such agreement or order. Any such agreement or order or amendment thereto may contain provisions for the exercise of any one or more or all of the powers and purposes set forth in RCW 15.65.310 through 15.65.340. However, any agreement, order or amendment wherein the affected commodity is one of those listed below shall contain provisions for the exercise of only those powers and purposes contained in said RCW 15.65.310 through 15.65.340 set after its name below, to wit:
(1) Wheat, RCW 15.65.310, 15.65.320 and 15.65.330.
[ 1961 c 256 § 30.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.305 - Promotional hosting expenditures—Rules.

RCW 15.65.305
Promotional hosting expenditures—Rules.
Agricultural commodity boards shall adopt rules governing promotional hosting expenditures by commodity board employees, agents, or board members under RCW 15.04.200.
[ 2002 c 313 § 31.]
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. › 15.65.310 - Advertising, sale, trade barrier, claim, etc., provisions in agreement or order.

RCW 15.65.310
Advertising, sale, trade barrier, claim, etc., provisions in agreement or order.
Any marketing agreement or order may provide for advertising, sales, promotion and/or other programs for maintaining present markets and/or creating new or larger markets for the affected commodity. It may also provide for the prevention, modification or removal of trade barriers which obstruct the free flow of the affected commodity to market. Each such order or agreement and all programs thereunder shall be directed toward increasing the sale of such commodity without reference to any particular brand or trade name and shall neither make use of false or unwarranted claims in behalf of such commodity nor disparage the quality, value, sale or use of any other agricultural commodity.
[ 1961 c 256 § 31.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.320 - Agreement and order provisions for research.

RCW 15.65.320
Agreement and order provisions for research.
Any marketing agreement or order may provide for research in the production, processing, and/or distribution of the affected commodity and for the expenditure of money for such purposes. Insofar as practicable, such research shall be carried out by experiment stations of Washington state university but if in the judgment of the director or his or her designee said experiment stations do not have adequate facilities for a particular project or if some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the director or his or her designee.
[ 2010 c 8 § 6077; 1961 c 256 § 32.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.330 - Agreement and order provisions for uniform grades and standards—Enforcement—Rules.

RCW 15.65.330
Agreement and order provisions for uniform grades and standards—Enforcement—Rules.
Any marketing agreement or order may contain provisions which directly provide for, or which authorize the director or his or her designee to provide by rules and regulations for, any one or more, or all, of the following: (1) Establishing uniform grades and standards of quality, condition, maturity, size, weight, pack, packages, and/or label for the affected commodity or any products thereof; (2) requiring producers, handlers, and/or other persons to conform to such grades and/or standards in packing, packaging, processing, labeling, selling, or otherwise commercially disposing of the affected commodity and/or in offering, advertising, and/or delivering it therefor; (3) providing for inspection and enforcement to ascertain and effectuate compliance; (4) establishing rules and regulations respecting the foregoing; (5) providing that the director or his or her designee shall carry out inspection and enforcement of, and may (within the general provisions of the agreement or order) establish detailed provisions relating to, such standards and grades and such rules and regulations: PROVIDED, That any modification not of a substantial nature, such as the modification of standards within a certain grade may be made without a hearing, and shall not be considered an amendment for the purposes of this chapter.
[ 2010 c 8 § 6078; 1961 c 256 § 33.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.340 - Agreement and order provisions prohibiting or regulating certain practices.

RCW 15.65.340
Agreement and order provisions prohibiting or regulating certain practices.
Any marketing agreement or order may contain provisions prohibiting and/or otherwise regulating any one or more or all of the practices listed to the extent that such practices affect, directly or indirectly, the commodity which forms the subject matter of such agreement or order or any product thereof, but only with respect to persons who engage in such practices with the intent of or with the reasonably foreseeable effect of inducing any purchaser to become his or her customer or his or her supplier or of otherwise dealing or trading with him or her or of diverting trade from a competitor, to wit:
(1) Paying rebates, commissions, or unearned discounts;
(2) Giving away or selling below the true cost (which includes all direct and indirect costs incurred to the point of sale plus a reasonable margin of markup for the seller) any of the affected commodities or of any other commodity or product thereof;
(3) Unfairly extending privileges or benefits (pertaining to price, to credit, to the loan, lease or giving away of facilities, equipment or other property or to any other matter or thing) to any customer, supplier, or other person;
(4) Discriminating between customers, or suppliers of like class;
(5) Using the affected or any other commodity or product thereof as a loss leader or using any other device whereby for advertising, promotional, come-on or other purposes such commodity or product is sold below its fair value;
(6) Making or publishing false or misleading advertising. Such regulation may authorize uniform trade practices applicable to all similarly situated handlers and/or other persons. Such regulation shall not prevent any person (a) from selling below cost to liquidate excess inventory which cannot otherwise be moved, or (b) from meeting the equally low legal price of any competitor within any one trading area during any one trading period and the director may define in said marketing agreement or order said trading area and said trading period in accordance with generally accepted industry practices; but in any event the burden of proving that such selling was to meet the equally low legal price of a competitor or to liquidate said excess inventory shall be upon the person who sells below cost as above defined. Any marketing agreement or order may authorize use of any money received and of any persons employed thereunder for legal proceedings, of any type and in the name of any person, directed to enforcement of this or any other law in force in the state of Washington relating to the prevention of unfair trade practices.
[ 2010 c 8 § 6079; 1961 c 256 § 34.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.350 - Agreement and order to define applicable area—"Production area"—"Marketing area."

RCW 15.65.350
Agreement and order to define applicable area—"Production area"—"Marketing area."
Every marketing agreement and order shall define the area to which it applies which may be all or any contiguous portion of the state. Such area may be defined as a "production area" in which case such agreement or order shall regulate or apply with respect to all of the commodity specified in such agreement or order which is produced within such production area and sold, marketed or delivered for sale or marketing. Such area may be defined as a "marketing area" in which case such agreement or order shall regulate or apply with respect to all of the commodity specified in such agreement or order which is stored in frozen condition or sold or marketed or delivered for sale or marketing or distribution or processing or consumption within such marketing area.
[ 1985 c 261 § 12; 1961 c 256 § 35.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.360 - Agreement and order provisions for marketing information, services, verification of grades, standards, sampling, etc.

RCW 15.65.360
Agreement and order provisions for marketing information, services, verification of grades, standards, sampling, etc.
Any marketing agreement or order may provide for marketing information and services to producers and for the verification of grades, standards, weights, tests and sampling of quality and quantity of the agricultural product purchased by handlers from producers.
[ 1961 c 256 § 36.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.370 - Agreement or order not to prohibit or discriminatorily burden marketing.

RCW 15.65.370
Agreement or order not to prohibit or discriminatorily burden marketing.
No marketing agreement or order or amendment thereto shall prohibit or discriminatorily burden the marketing in its area of any agricultural commodity or product thereof produced in any production area of the United States.
[ 1961 c 256 § 37.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.375 - Agreement and order provisions—Participation in proceedings concerning regulation of pesticides or agricultural chemicals.

RCW 15.65.375
Agreement and order provisions—Participation in proceedings concerning regulation of pesticides or agricultural chemicals.
Any marketing agreement or order may authorize the members of a commodity board, or their agents or designees, to participate in federal or state hearings or other proceedings concerning regulation of the manufacture, distribution, sale, or use of any pesticide as defined by RCW 15.58.030 or any agricultural chemical which is of use or potential use in producing the affected commodity. Any marketing agreement or order may authorize the expenditure of commodity board funds for this purpose.
[ 2011 c 103 § 8; 2002 c 313 § 32; 1988 c 54 § 1.]
NOTES:
Purpose—2011 c 103: See note following RCW 15.26.120.
Effective dates—2002 c 313: See note following RCW 15.65.020.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.380 - Additional agreement or order provisions.

RCW 15.65.380
Additional agreement or order provisions.
Any marketing agreement or order may contain any other, further, and different provisions which are incidental to and not inconsistent with this chapter and which the director finds to be needed and reasonably adapted to effectuate the declared policies of this chapter. The provisions shall set forth the detailed application of this chapter to the affected agricultural commodity.
[ 2002 c 313 § 33; 1961 c 256 § 38.]
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. › 15.65.390 - Annual assessment—Limitation generally.

RCW 15.65.390
Annual assessment—Limitation generally.
There is hereby levied, and the director or his or her designee shall collect, upon each and every affected unit of any agricultural commodity specified in any marketing agreement or order an annual assessment which shall be paid by the producer thereof upon each and every such affected unit stored in frozen condition or sold or marketed or delivered for sale or marketed by him or her, and which shall be paid by the handler thereof upon each and every such unit purchased or received for sale, processing or distribution, or stored in frozen condition, by him or her: PROVIDED, That such assessment shall be paid by producers only, if only producers are regulated by such agreement or order, and by handlers only, if only handlers are so regulated, and by both producers and handlers if both are so regulated. Such assessments shall be expressed as a stated amount of money per unit or as a percentage of the receipt price at the first point of sale. The total amount of such annual assessment to be paid by all producers of such commodity, or by all handlers of such commodity shall not exceed four percent of the total market value of all affected units stored in frozen condition or sold or marketed or delivered for sale or marketing by all producers of such units during the year to which the assessment applies.
[ 2010 c 8 § 6080; 1987 c 393 § 9; 1985 c 261 § 13; 1961 c 256 § 39.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.400 - Rate of assessment.

RCW 15.65.400
Rate of assessment.
In every marketing agreement and order the director shall prescribe the rate of such assessment. Such assessment shall be expressed as a stated amount of money per unit or as a percentage of the receipt price at the first point of sale. Such rate may be at the full amount of, or at any lesser amount than the amount hereinabove limited. Such rate may be altered or amended from time to time, but only upon compliance with the procedural requirements of this chapter. In every such marketing agreement, order and amendment the director shall base his or her determination of such rate upon the volume and price of sales of affected units (or units which would have been affected units had the agreement or order been in effect) during a period which the director determines to be a representative period. The rate of assessment prescribed in any such agreement, order or amendment shall for all purposes and times be deemed to be within the limits of assessment above provided until such time as such agreement or order is amended as to such rate.
[ 2010 c 8 § 6081; 1987 c 393 § 10; 1961 c 256 § 40.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.410 - Time, place, method for payment and collection of assessments.

RCW 15.65.410
Time, place, method for payment and collection of assessments.
The director shall prescribe in each marketing order and agreement the time, place, and method for payment and collection of assessments under such order or agreement upon any uniform basis applicable alike to all producers subject to such assessment, and upon the same or any other uniform basis applicable alike to all handlers subject to such assessment. For such purpose the director may, by the terms of the marketing order or agreement:
(1) Require stamps to be purchased from him or her or his or her designee and attached to the containers, invoices, shipping documents, inspection certificates, releases, or receiving receipts or tickets (said stamps to be canceled immediately upon being attached and the date of cancellation placed thereon); or
(2) Require handlers to collect producer assessments from producers whose production they handle and remit the same to the director or his or her designee; or
(3) Require the person subject to the assessment to give adequate assurance or security for its payment; or
(4) Require in the case of assessments against affected units stored in frozen condition:
(a) Cold storage facilities storing such commodity to file information and reports with the department or affected commission regarding the amount of commodity in storage, the date of receipt, and the name and address of each such owner; and
(b) That such commodity not be shipped from a cold storage facility until the facility has been notified by the commission that the commodity owner has paid the commission for any assessments imposed by the marketing order.
Unless the director has otherwise provided in any marketing order or agreement, assessments payable by producers shall be paid prior to the time when the affected unit is shipped off the farm, and assessments payable to handlers shall be paid prior to the time when the affected units are received by or for the account of the first handler. No affected units shall be transported, carried, shipped, sold, marketed, or otherwise handled or disposed of until every due and payable assessment herein provided for has been paid by the producer or first handler and the receipt issued.
[ 2010 c 8 § 6082; 1985 c 261 § 14; 1961 c 256 § 41.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.420 - Use of moneys collected—Departmental expenses.

RCW 15.65.420
Use of moneys collected—Departmental expenses.
Moneys collected by the director or his or her designee pursuant to any marketing order or agreement from any assessment or as an advance deposit thereon, shall be used by the director or his or her designee only for the purpose of paying for expenses and costs arising in connection with the formulation, issuance, administration, and enforcement of such order or agreement and carrying out its provisions together with a proportionate share of the overhead expenses of the department attributable to its performance of its duties under this chapter with respect to such marketing order or agreement.
[ 2010 c 8 § 6083; 1961 c 256 § 42.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.430 - Refunds of moneys received or collected.

RCW 15.65.430
Refunds of moneys received or collected.
Any moneys collected or received by the director or his or her designee pursuant to the provisions of any marketing agreement or order during or with respect to any season or year may be refunded on a pro rata basis at the close of such season or year or at the close of such longer period as the director determines to be reasonably adapted to effectuate the declared policies of this chapter and the purposes of such marketing agreement or order, to all persons from whom such moneys were collected or received, or may be carried over into and used with respect to the next succeeding season, year or period whenever the director or a designee finds that the same will tend to effectuate such policies and purposes.
[ 2002 c 313 § 34; 1961 c 256 § 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 15.65 - Washington State Agricultural Commodity Boards. › 15.65.440 - Assessments personal debt—Additional percentage if not paid—Civil action to collect.

RCW 15.65.440
Assessments personal debt—Additional percentage if not paid—Civil action to collect.
Any due and payable assessment herein levied in such specified amount as may be determined by the director or his or her designee pursuant to the provisions of this chapter and such agreement or order, shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the director or his or her designee when payment is called for by him or her. In the event any person fails to pay the director or his or her designee the full amount of such assessment or such other sum on or before the date due, the director or his or her designee may, and is hereby authorized to, add to such unpaid assessment or sum an amount not exceeding ten percent of the same to defray the cost of enforcing the collecting of the same. In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the director or his or her designee may bring a civil action against such person or persons in a court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.
[ 2010 c 8 § 6084; 1985 c 261 § 15; 1961 c 256 § 44.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.450 - Deposit to defray department's expenses—Circumstances requiring reimbursement.

RCW 15.65.450
Deposit to defray department's expenses—Circumstances requiring reimbursement.
Prior to the issuance of any marketing agreement or order, the director may require the applicants therefor to deposit with him or her such amount of money as the director may deem necessary to defray the expenses of preparing and making effective such agreement or order.
(1) A commodity board shall reimburse the department for expenses incurred by the department when a commodity board petitions the director to amend or terminate a marketing order or agreement and for other services provided by the department under this chapter. The department shall provide to a commodity board an estimate of expenses that may be incurred to amend or terminate a marketing order or agreement prior to any services taking place.
(2) Petitioners who are not a majority of a commodity board, and who file a petition with the director to issue, amend, or terminate a marketing order or agreement, shall deposit funds with the director to pay for expenses incurred by the department, under rules adopted by the director.
(3) A commodity board shall reimburse petitioners the amount paid to the department under the following circumstances:
(a) If the petition is to issue a marketing order or agreement, the commodity board shall reimburse the petitioners the amount expended by the department when funds become available after establishment of the commodity board; or
(b) If the petition is to amend or terminate a marketing order or agreement and the proposal is assented to by the affected parties or affected producers, the commodity board shall reimburse the petitioners within thirty days of the referendum.
(4) If for any reason a proceeding is discontinued, the commodity board or petitioners, whichever is applicable, shall only reimburse the department for expenses incurred by the department up until the time the proceeding is discontinued.
[ 2002 c 313 § 35; 1961 c 256 § 45.]
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. › 15.65.470 - Depositaries for revolving fund—Deposits.

RCW 15.65.470
Depositaries for revolving fund—Deposits.
The director or his or her designee shall designate financial institutions which are qualified public depositaries under chapter 39.58 RCW as depositary or depositaries of money received for the marketing act revolving fund. All moneys received by the director or his or her designee or by any administrator, board or employee, except an amount of petty cash for each day's needs as fixed by the regulations, shall be deposited each day in a designated depositary.
[ 1987 c 393 § 8; 1961 c 256 § 47.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.480 - Separate accounts for each agreement or order—Disbursements.

RCW 15.65.480
Separate accounts for each agreement or order—Disbursements.
The director and each of his or her designees shall deposit or cause to be deposited all moneys which are collected or otherwise received by them pursuant to the provisions of this chapter in a separate account or accounts separately allocated to each marketing order or agreement under which such moneys are collected or received, and such deposits and accounts shall be in the name of and withdrawable by the check or draft of the administrator or board or designated employee thereof established by such order or agreement. All expenses and disbursements incurred and made pursuant to the provisions of any marketing agreement or order, including a pro rata share of the administrative expenses of the department of agriculture incurred in the general administration of this chapter and all orders and agreements issued pursuant thereto, shall be paid from, and only from, moneys collected and received pursuant to such order or agreement and all moneys deposited for the account of any order or agreement in the marketing act revolving fund shall be paid from said account of such fund by check, draft or voucher in such form and in such manner and upon the signature of such person as may be prescribed by the director or his or her designee.
[ 2010 c 8 § 6085; 1961 c 256 § 48.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.490 - Records of financial transactions to be kept by director—Audits.

RCW 15.65.490
Records of financial transactions to be kept by director—Audits.
The director and each of his or her designees shall keep or cause to be kept separately for each agreement and order in accordance with accepted standards of good accounting practice, accurate records of all assessments, collections, receipts, deposits, withdrawals, disbursements, paid outs, moneys, and other financial transactions made and done pursuant to such order or agreement, and the same shall be audited at least every five years subject to procedures and methods lawfully prescribed by the state auditor. The books and accounts maintained under every such agreement and order shall be closed as of the last day of each fiscal year of the state of Washington or of a fiscal year determined by the director. A copy of every such audit shall be delivered within thirty days after the completion thereof to the governor and the commodity board of the agreement or order concerned.
[ 2010 c 8 § 6086; 1982 c 81 § 1; 1979 c 154 § 5; 1973 c 106 § 10; 1961 c 256 § 49.]
NOTES:
Severability—1979 c 154: See note following RCW 15.49.330.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.65 - Washington State Agricultural Commodity Boards. › 15.65.500 - Bonds of administrator, board, employee.

RCW 15.65.500
Bonds of administrator, board, employee.
The director or his or her designee shall require that a bond be given by every administrator, administrative board, and/or employee occupying a position of trust under any marketing agreement or order, in such amount as the director or his or her designee shall deem necessary, the premium for which bond or bonds shall be paid from assessments collected pursuant to such order or agreement: PROVIDED, That such bond need not be given with respect to any person covered by any blanket bond covering officials or employees of the state of Washington.
[ 2010 c 8 § 6087; 1961 c 256 § 50.]