reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.280 - Separate account for each marketing plan—Deductions for departmental costs.

RCW 15.35.280
Separate account for each marketing plan—Deductions for departmental costs.
The director shall establish a separate account for each marketing plan established under the provisions of this chapter, and all license fees and assessments collected under any such marketing plan shall be deposited in its separate account to be used only for the purpose of carrying out the provisions of such marketing plan: PROVIDED, That the director may deduct from each such account the necessary costs incurred by the department. Such costs shall be prorated among the several marketing plans if more than one is in existence under the provisions of this chapter.
[ 1971 ex.s. c 230 § 28.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.290 - Court actions to implement.

RCW 15.35.290
Court actions to implement.
In addition to any other remedy provided by law, the director in the name of the state shall have the right to sue in any court of competent jurisdiction for the recovery of any moneys due it from any persons subject to the provisions of this chapter and shall also have the right to institute suits in equity for injunctive relief and for purpose of enforcement of the provisions of this chapter.
[ 1971 ex.s. c 230 § 29.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.35 - Washington State Milk Pooling Act. › 15.35.300 - General penalty—Misdemeanor—Exception.

RCW 15.35.300
General penalty—Misdemeanor—Exception.
Any violation of this chapter and/or rules and regulations adopted thereunder shall constitute a misdemeanor: PROVIDED, That this section shall not apply to retail purchasers who purchase milk for domestic consumption.
[ 1971 ex.s. c 230 § 30.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.002 - Intent.

RCW 15.36.002
Intent.
This chapter is intended to enact state legislation that safeguards the public health and promotes public welfare by: (1) Protecting the consuming public from milk or milk products that are: (a) Unsafe; (b) produced under unsanitary conditions; (c) do not meet bacterial standards under the PMO; or (d) below the quality standards under Title 21 C.F.R. or administrative rules and orders adopted under this chapter; and (2) requiring licensing of all aspects of the dairy production and processing industry.
[ 1994 c 143 § 101.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.021 - Milk and milk products—Rule-making authority—Grade A pasteurized and raw milk—Grade C milk and milk products.

RCW 15.36.021
Milk and milk products—Rule-making authority—Grade A pasteurized and raw milk—Grade C milk and milk products.
The director of agriculture is authorized to:
(1) Adopt rules necessary to carry out the purposes of chapter 15.36 RCW, which includes rules governing the farm storage tank and bulk milk tanker requirements, however the rules may not restrict the display or promotion of products covered under this section.
(2) By rule, establish, amend, or both, definitions and standards for milk and milk products. Such definitions and standards established by the director shall conform, insofar as practicable, with the definitions and standards for milk and milk products adopted by the federal food and drug administration.
(3) By rule, adopt the PMO, DMO, and supplemental documents by reference to establish requirements for grade A pasteurized and grade A raw milk.
(4) Adopt rules establishing standards for grade A pasteurized and grade A raw milk that are more stringent than the PMO based upon current industry or public health information for the enforcement of this chapter whenever he or she determines that any such rules are necessary to carry out the purposes of this section and RCW 15.36.481.
(5) By rule, certify an officially designated laboratory to analyze milk for standard of quality, adulteration, contamination, and unwholesomeness.
(6) Adopt rules setting standards and requirements for the production of grade C milk and milk products.
[ 1999 c 291 § 2; 1996 c 188 § 3; 1994 c 143 § 103; 1989 c 354 § 13; 1969 ex.s. c 102 § 1. Formerly RCW 15.36.011.]
NOTES:
Severability—1989 c 354: See note following RCW 15.36.012.
Repealed definitions constitute rules: "The definitions constituting section 15.36.010, chapter 11, Laws of 1961 and RCW 15.36.010 as hereinafter in section 7 of this 1969 amendatory act repealed are hereby constituted and declared to be operative and to remain in force as the rules of the department of agriculture until such time as amended, modified, or revoked by the director of agriculture." [ 1969 ex.s. c 102 § 2.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.025 - Application of chapter 34.05 RCW.

RCW 15.36.025
Application of chapter 34.05 RCW.
Chapter 34.05 RCW governs the rights, remedies, and procedures respecting the administration of this chapter, including rule making, assessment of civil penalties, emergency actions, and license suspension, revocation, or denial.
[ 1999 c 291 § 3.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.041 - Milk producer's license.

RCW 15.36.041
Milk producer's license.
Every milk producer must obtain a milk producer's license to operate as a milk producer as defined in this chapter. A milk producer's license is not transferable with respect to persons or locations or both. The license, issued by the director upon approval of an application for the license and compliance with the provisions of this chapter, shall contain the license number, name, residence, and place of business, if any, of the licensee.
[ 1994 c 143 § 202.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.071 - Milk hauler's license—Endorsements.

RCW 15.36.071
Milk hauler's license—Endorsements.
A milk hauler must obtain a milk hauler's license to conduct the operation under this chapter. A milk hauler's license is not transferable with respect to persons or locations or both. The license, issued by the director upon approval of an application for the license and compliance with the provisions of this chapter, shall contain the license number, name, residence, and place of business, if any, of the licensee. A milk hauler's license shall also contain endorsements for individual milk transport vehicles. The license plate number and registration number for each milk transport vehicle shall be listed on the endorsement.
[ 1995 c 374 § 2; 1994 c 143 § 205.]
NOTES:
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.081 - Dairy technician's license—Application—Renewal—Fees.

RCW 15.36.081
Dairy technician's license—Application—Renewal—Fees.
(1) A dairy technician must obtain a dairy technician's license to conduct operations under this chapter. Such license shall be limited to those functions which the licensee has been found qualified to perform. Before issuing the license the director shall assess the applicant's qualifications and may test the applicant for the functions for which application has been made.
(2) Application for a license as a dairy technician shall be made upon forms provided by the director, and shall be filed with the department. The director may issue a temporary license to the applicant for such period as may be prescribed and stated in the license, not to exceed sixty days, but the license may not be renewed to extend the period beyond sixty days.
(3) The initial application and renewal for a dairy technician's license must be accompanied by a license fee of twenty-five dollars beginning July 1, 2015. All dairy technicians' licenses shall expire on December 31st of odd-numbered years.
(4) The initial application for any endorsement beyond a dairy technician's license must be accompanied by an endorsement fee of twenty-five dollars beginning July 1, 2015.
[ 2015 3rd sp.s. c 27 § 3; 1999 c 291 § 5; 1994 c 143 § 206; 1963 c 58 § 6; 1961 c 11 § 15.32.580. Prior: 1943 c 90 § 4; 1927 c 192 § 8; 1923 c 27 § 7; 1919 c 192 § 26; Rem. Supp. 1943 § 6189. Formerly RCW 15.32.580.]
NOTES:
Findings—Intent—2015 3rd sp.s. c 27: See note following RCW 15.36.051.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.091 - Dairy technician's license—Records—Inspection of.

RCW 15.36.091
Dairy technician's license—Records—Inspection of.
Licensed dairy technicians shall personally take all samples, conduct all tests, and determine all weights and grades of milk and milk products bought, sold, or delivered upon the basis of weight or grade or on the basis of the milk fat, nonfat milk solids, or other components contained therein. Each licensee shall keep a copy of every original report of each test, weight, or grade made by him or her for a period of two months after making the report. No unfair, fraudulent, or manipulated sample shall be taken or delivered for analysis.
[ 1994 c 143 § 207; 1963 c 58 § 9; 1961 c 11 § 15.32.590. Prior: 1927 c 192 § 7, part; 1923 c 27 § 6, part; 1919 c 192 § 25, part; RRS § 6188, part. Formerly RCW 15.32.590.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.101 - Milk wash station license.

RCW 15.36.101
Milk wash station license.
A wash station operator must obtain a milk wash station license to conduct the operation under this chapter for all wash stations separate from a milk processing plant. A milk wash station license is not transferable with respect to persons or locations or both. The license, issued by the director upon approval of an application for such license and compliance with the provisions of this chapter, shall contain the license number, name, residence, and place of business, if any, of the licensee.
[ 1994 c 143 § 208.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.131 - Sale of out-of-state grade A milk and milk products.

RCW 15.36.131
Sale of out-of-state grade A milk and milk products.
Grade A milk and milk products from outside the state may not be sold in the state of Washington unless produced and/or pasteurized under provisions equivalent to the requirements of this chapter and the PMO: PROVIDED, That the director shall satisfy himself or herself that the authority having jurisdiction over the production and processing is properly enforcing such provisions.
[ 1994 c 143 § 211; 1961 c 11 § 15.36.500. Prior: 1949 c 168 § 11; Rem. Supp. 1949 § 6266-39. Formerly RCW 15.36.500.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.141 - Grading of milk and milk products.

RCW 15.36.141
Grading of milk and milk products.
Grades of milk and milk products as defined in this chapter shall be based on the respectively applicable standards contained in this chapter, with the grading of milk products being identical with the grading of milk, except that bacterial standards are omitted in the case of cultured milk products. Vitamin D milk shall be only of grade A, certified pasteurized, or certified raw quality. The grade of a milk product shall be that of the lowest grade milk or milk product used in its preparation.
[ 1994 c 143 § 510; 1984 c 226 § 3; 1981 c 297 § 2; 1961 c 11 § 15.36.120. Prior: 1955 c 238 § 12; prior: 1949 c 168 § 7, part; Rem. Supp. 1949 § 6266-36, part. Formerly RCW 15.36.120.]
NOTES:
Severability—1981 c 297: See note following RCW 15.36.201.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.151 - Unlawful to sell, offer for sale, or deliver certain products—Diseased animals—Colostrum—Exceptions.

RCW 15.36.151
Unlawful to sell, offer for sale, or deliver certain products—Diseased animals—Colostrum—Exceptions.
It is unlawful to sell, offer for sale, or deliver:
(1) Milk or products produced from milk from cows, goats, or other mammals affected with disease or of which the owner thereof has refused official examination and tests for disease; or
(2) Colostrum milk for consumption by humans, except that this prohibition regarding colostrum milk does not apply to:
(a) Colostrum milk made or to be made available to persons having multiple sclerosis, or other persons acting on their behalf, who, at the time of the initial sale, present a form, signed by a licensed physician, certifying that the intended user has multiple sclerosis and that the user releases the provider of the milk from liability resulting from the consumption of the milk; or
(b) Colostrum milk processed or to be processed by a licensed food processing facility or a milk processing plant as a nutritional supplement in accordance with the federal dietary supplement health and education act. Colostrum milk used for this purpose must be pasteurized or otherwise subjected to a heat process or other treatment sufficient to kill harmful organisms.
Colostrum milk described in subsection (2)(a) or (b) of this section is exempt from the prohibition provided by subsection (2) of this section if it comes from a licensed producer. Such colostrum milk is also exempt from meeting the standards for grade A raw milk required by this chapter.
[ 2000 c 97 § 1; 1999 c 291 § 7; 1994 c 143 § 303; 1981 c 321 § 1; 1961 c 11 § 15.32.160. Prior: 1929 c 213 § 9; 1919 c 192 § 49; RRS § 6211. Formerly RCW 15.32.160.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.161 - Cows, goats, and other mammals—Animal health requirements.

RCW 15.36.161
Cows, goats, and other mammals—Animal health requirements.
(1) All milking cows, goats, and other mammals must meet the animal health requirements established by the state veterinarian under the authority of chapter 16.36 RCW.
(2) Milk or milk products from cows, goats, and other mammals intended for consumption in the raw state must be from a herd which is tested negative within the previous twelve months for brucellosis, tuberculosis, and any other disease the director may designate by rule. Additions to the herd must be tested negative for the diseases within the previous thirty days before introduction into the herd. The state veterinarian shall direct all testing procedures in accordance with state and national standards for animal disease eradication.
(3) Cows, goats, and other mammals showing chronic mastitis, whether producing abnormal milk or not, shall be permanently excluded from the milking herd. Cows, goats, and other mammals producing bloody, stringy, or otherwise abnormal milk, but with only slight inflammation of the udder shall be excluded from the herd until reexamination shows that the milk has become normal.
[ 1999 c 291 § 8; 1982 c 131 § 2; 1961 c 11 § 15.36.150. Prior: 1955 c 238 § 15; prior: 1949 c 168 § 7, part; Rem. Supp. 1949 § 6266-36, part. Formerly RCW 15.36.150.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.171 - Grades of milk and milk products that may be sold.

RCW 15.36.171
Grades of milk and milk products that may be sold.
The director may revoke the license of any milk processing plant or producer whose product fails to qualify as grade A pasteurized or grade A raw, or in lieu thereof may degrade the product to grade C and permit its sale as other than fluid milk or grade A milk products during a period not exceeding thirty days. In the event of an emergency, the director may permit the sale of grade C milk for more than thirty days.
[ 1999 c 291 § 9; 1995 c 374 § 3; 1994 c 143 § 301; 1989 c 354 § 22; 1961 c 11 § 15.36.470. Prior: 1949 c 168 § 8; Rem. Supp. 1949 § 6266-37. Formerly RCW 15.36.470.]
NOTES:
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Severability—1989 c 354: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.181 - Sale of adulterated or misbranded milk or milk products prohibited—Possession restricted.

RCW 15.36.181
Sale of adulterated or misbranded milk or milk products prohibited—Possession restricted.
No person shall produce, sell, offer, or expose for sale, or have in possession with intent to sell, any milk or milk product which is adulterated or misbranded. It is unlawful for any person, elsewhere than in a private home, to have in possession any adulterated or misbranded milk or milk products.
Adulterated or misbranded milk or milk products may be impounded and disposed of by the director.
[ 1999 c 291 § 10; 1994 c 143 § 302; 1961 c 11 § 15.36.070. Prior: 1949 c 168 § 2; Rem. Supp. 1949 § 6266-31. Formerly RCW 15.36.070.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.191 - Milk or milk product analysis—Report of violative results.

RCW 15.36.191
Milk or milk product analysis—Report of violative results.
After obtaining a sample of milk or milk product for analysis, the department shall, within ten days of obtaining the result of the analysis, send any violative results to the person from whom the sample was taken or to the person responsible for the condition of the milk.
[ 1999 c 291 § 11; 1994 c 143 § 304; 1989 c 354 § 11; 1961 c 11 § 15.32.530. Prior: 1907 c 234 § 12; RRS § 6278. Formerly RCW 15.32.530.]
NOTES:
Severability—1989 c 354: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.201 - Examination of milk and milk products—Violations—Director's options—Penalty.

RCW 15.36.201
Examination of milk and milk products—Violations—Director's options—Penalty.
(1) During any consecutive six-month period, at least four samples of: (a) Either raw milk or raw milk for pasteurization, or both, from each milk producer; or (b)(i) raw milk for pasteurization after receipt by the milk processing plant and prior to pasteurization; (ii) heat-treated milk products; and (iii) pasteurized milk and milk products from each milk processing plant shall be collected and examined in an official laboratory to determine compliance with bacteriological or cooling temperature standards for milk or milk products established in this chapter and rules adopted under this chapter. However, in the case of raw milk for pasteurization, the director may accept the results of an officially designated laboratory.
(2) If a bacterial count, somatic cell count, coliform determination, or cooling temperature exceeds the standard, the director shall send written notice to the milk producer or milk processor. The director may initiate proceedings to degrade or suspend the milk producer's license or milk processing plant license and may assess a civil penalty whenever the standard is again violated.
[ 2013 c 7 § 1; 1999 c 291 § 12. Prior: 1994 c 143 § 401; 1994 c 46 § 11; 1989 c 354 § 17; 1981 c 297 § 1; 1961 c 11 § 15.36.110; prior: 1955 c 238 § 10; 1949 c 168 § 6; Rem. Supp. 1949 § 6266-35. Formerly RCW 15.36.110.]
NOTES:
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: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 297 § 43.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.206 - Source of milk and milk products—Seller's disclosure.

RCW 15.36.206
Source of milk and milk products—Seller's disclosure.
Any person selling milk or milk products shall furnish the director, upon request, with the name of all milk processing plants or distributors from whom their milk and milk products are obtained.
[ 1999 c 291 § 13.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.221 - Grade A raw milk—Cooling.

RCW 15.36.221
Grade A raw milk—Cooling.
Milk and milk products for consumption in the raw state or for pasteurization shall be cooled within two hours of completion of milking to forty degrees Fahrenheit or less and maintained at that temperature until picked up, in accordance with RCW 15.36.201, so long as the blend temperature after the first and following milkings does not exceed fifty degrees Fahrenheit.
[ 1995 c 374 § 4; 1984 c 226 § 5; 1961 c 11 § 15.36.260. Prior: 1955 c 238 § 37; prior: 1949 c 168 § 7, part; Rem. Supp. 1949 § 6266-36, part. Formerly RCW 15.36.260.]
NOTES:
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.231 - Raw milk or milk products—Bottling and capping—Packaging—Labeling.

RCW 15.36.231
Raw milk or milk products—Bottling and capping—Packaging—Labeling.
(1) Milk and milk products for consumption in the raw state shall be bottled or packaged on the farm where produced. Bottling and capping shall be done in a sanitary manner by means of approved equipment and operations. Caps or cap stock shall be purchased in sanitary containers and kept therein in a clean dry place until used.
(2) All containers enclosing raw milk or any raw milk product shall be plainly labeled or marked with the word "raw" and the name of the producer or packager. The label or mark shall be in letters of a size, kind, and color approved by the director and shall contain no marks or words which are misleading.
[ 2005 c 414 § 2; 1999 c 291 § 14; 1961 c 11 § 15.36.265. Prior: 1955 c 238 § 38; prior: 1949 c 168 § 7, part; Rem. Supp. 1949 § 6266-36, part. Formerly RCW 15.36.265.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.241 - Capping of milk or milk products.

RCW 15.36.241
Capping of milk or milk products.
Capping of milk or milk products shall be done in a sanitary manner by means of approved equipment and operations. The cap or cover shall cover the pouring lip to at least its largest diameter.
[ 2005 c 414 § 3; 1961 c 11 § 15.36.420. Prior: 1955 c 238 § 64; prior: 1949 c 168 § 7, part; Rem. Supp. 1949 § 6266-36, part. Formerly RCW 15.36.420.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.261 - Butter or cheese—Pasteurization of milk or cream.

RCW 15.36.261
Butter or cheese—Pasteurization of milk or cream.
All milk or cream used in the manufacture of pasteurized butter or cheese shall be pasteurized only in the plant where the butter or cheese is manufactured.
[ 1961 c 11 § 15.32.410. Prior: 1919 c 192 § 12; RRS § 6175. Formerly RCW 15.32.410.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.271 - "Pasteurized"—Use of word regulated.

RCW 15.36.271
"Pasteurized"—Use of word regulated.
No person shall use the word "pasteurized" in connection with the sale, designation, advertising, labeling, or billing of milk, cream, or any milk product unless the same and all milk products used in the manufacture thereof consist exclusively of milk, skimmed milk, or cream that has been pasteurized in its final form.
[ 1989 c 354 § 7; 1961 c 11 § 15.32.420. Prior: 1919 c 192 § 71; RRS § 6233. Formerly RCW 15.32.420.]
NOTES:
Severability—1989 c 354: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.281 - Unlawful use of containers—Seizure authorized.

RCW 15.36.281
Unlawful use of containers—Seizure authorized.
(1) It shall be unlawful for a person other than the owner, to possess for sale or barter or to use a container that is used to distribute packaged milk or milk products and that bears the name or trademark of an owner that has been properly registered.
(2) A person receiving packaged dairy products in containers bearing the registered name or trademark of the owner shall return the containers to the owner.
(3) When such a container is in the possession of a person other than the owner, the director may seize and hold it until it is established to the director's satisfaction that such possession is lawful. The director may seize such containers and return them to the owner, in which case the owner shall pay the expenses thereof. Neither the director nor a person who returns such containers shall be liable for containers lost in transportation.
[ 1994 c 143 § 508; 1961 c 11 § 15.32.450. Prior: (i) 1927 c 192 § 22, part; 1923 c 27 § 12, part; 1919 c 192 § 86, part; 1915 c 101 § 1, part; RRS § 6259, part. (ii) 1915 c 101 § 3; RRS § 6261. (iii) 1927 c 192 § 22a; 1915 c 101 § 4; RRS § 6262. (iv) 1927 c 192 § 22b; 1915 c 101 § 5; RRS § 6263. Formerly RCW 15.32.450.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.401 - Licenses—Denial, suspension, revocation—Reasons.

RCW 15.36.401
Licenses—Denial, suspension, revocation—Reasons.
(1) A license issued under this chapter may be denied, suspended, or revoked by the director when a person:
(a) Fails to comply with the provisions of this chapter or the rules adopted under this chapter;
(b) Refuses the department access to a portion or area of a facility regulated under this chapter, for the purpose of carrying out the provisions of this chapter;
(c) Fails to comply with an order of the director;
(d) Refuses to make available to the department records required to be kept under the provisions of this chapter;
(e) Fails to comply with the applicable provisions of chapter 15.130 RCW, *Washington intrastate commerce in food, drugs, and cosmetics act, or rules adopted under that chapter;
(f) Interferes with the director in the performance of his or her duties; or
(g) Exhibits negligence, misconduct, or lack of qualification in the discharge of his or her functions.
Upon notice by the director to deny, revoke, or suspend a license, a person may request a hearing under chapter 34.05 RCW.
(2) Whenever a milk transport vehicle is found in violation of this chapter or rules adopted under this chapter, the endorsement for that milk transport vehicle contained on a milk hauler's license may be suspended or revoked. The suspension or revocation does not apply to any other milk transport vehicle operated by the milk hauler.
(3) A license may be revoked by the director upon serious or repeated violations or after a license suspension or degrade for thirty continuous days without correction of the items causing the suspension or degrade.
[ 2018 c 236 § 703; 1999 c 291 § 15; 1994 c 143 § 501.]
NOTES:
*Reviser's note: The chapter name for chapter 15.130 RCW is "food safety and security act."
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.412 - Issuance of cease and desist order.

RCW 15.36.412
Issuance of cease and desist order.
The director may issue a cease and desist order to any person whom the director has reason to believe is engaged in an activity for which a license is required by this chapter. The person to whom such notice is issued may request an adjudicative proceeding to contest the order.
[ 2006 c 157 § 5.]
NOTES:
Findings—2006 c 157: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.421 - Milk processing plant or producer—License suspension.

RCW 15.36.421
Milk processing plant or producer—License suspension.
(1) If the director finds a milk processing plant or producer operating under conditions that constitute an immediate danger to public health, safety, or welfare or if the licensee or an employee of the licensee actively prevents the director or the director's representative, during an on-site inspection, from determining whether such a condition exists, the director may summarily suspend a license provided for in this chapter.
(2) If a license is summarily suspended, the holder of the license shall be notified in writing that the license is, upon service of the notice, immediately suspended and that prompt opportunity for a hearing will be provided.
(3) If a license is summarily suspended, processing and shipping operations shall immediately cease. However, the director may reinstate the license if the condition that caused the suspension has been abated to the director's satisfaction.
[ 1999 c 291 § 16; 1994 c 143 § 503.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.451 - Regrading of milk or milk products—Reinstatement of license.

RCW 15.36.451
Regrading of milk or milk products—Reinstatement of license.
Any producer or milk processing plant whose milk has been degraded by the director, or whose license has been suspended may at any time make application for the regrading of his or her products or the reinstatement of his or her license.
In case the lowered grade or the license suspension was the result of violation of the bacteriological or cooling temperature standards, the director may take further samples of the applicant's output, at a rate of not more than two samples per week. The director shall regrade the milk or milk products upward or reinstate the license on compliance with grade requirements as determined in accordance with the provisions of RCW 15.36.201.
In case the lowered grade of the applicant's product or the license suspension was due to a violation of an item other than bacteriological standard or cooling temperature, the said application must be accompanied by a statement signed by the applicant to the effect that the violated item of the specifications had been conformed with. Within one week of the receipt of such an application and statement the director shall make a reinspection of the applicant's establishment and thereafter as many additional reinspections as he or she may deem necessary to assure himself or herself that the applicant is again complying with the higher grade requirements. The higher grade or license shall be reinstated upon confirmation that all violated items are corrected and any period for reduction in grade or license suspensions as ordered by the director has been completed.
[ 2013 c 7 § 2; 1999 c 291 § 17; 1996 c 189 § 2; 1994 c 143 § 506; 1961 c 11 § 15.36.480. Prior: 1949 c 168 § 9; Rem. Supp. 1949 § 6266-37a. Formerly RCW 15.36.480.]
NOTES:
Effective date—1996 c 189: See note following RCW 15.36.111.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.454 - Failure to comply with chapter or rules—Civil penalties.

RCW 15.36.454
Failure to comply with chapter or rules—Civil penalties.
(1) Any person who fails to comply with this chapter or the rules adopted under this chapter may be subject to a civil penalty in an amount of not more than one thousand dollars per violation per day.
(2) The director may adopt by rule a penalty matrix that establishes procedures for civil penalties assessed under this chapter.
(3) Whenever the results of an antibiotic, pesticide, or other drug residue test on a producer's milk are above the actionable level established in the PMO, the producer is subject to a civil penalty under this section in addition to any other action taken under this chapter.
(4) The director may impose a civil penalty under this section for violations of the standards for component parts of fluid dairy products that are established in this chapter or rules adopted under this chapter.
(5) Each violation is a separate and distinct offense. The director shall impose the civil penalty in accordance with chapter 34.05 RCW. Moneys collected under this section shall be remitted to the department and deposited into the revolving fund of the Washington state dairy products commission.
[ 2013 c 7 § 3; 1999 c 291 § 18.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.455 - Violations—Notice, orders, damages.

RCW 15.36.455
Violations—Notice, orders, damages.
(1) When the director has probable cause to believe that milk or milk products are being sold, distributed, stored, or transported in violation of this chapter or rules adopted under this chapter, the director may issue and serve upon the owner or custodian of the milk or milk products a written notice of embargo and order prohibiting the sale of the milk or milk products. If the owner or custodian is not available for service, the director may attach the notice of embargo and order prohibiting sale to the container holding the milk or milk products. The milk or milk products shall not be sold, used, or removed until this chapter has been complied with and the milk or milk products have been released from embargo under conditions specified by the director in writing.
(2) The department may issue a destruction and disposal order covering any embargoed milk or milk products. The destruction and disposal shall occur at the cost of the owner or custodian.
(3) The person to whom the notice of embargo and order prohibiting sale was issued or the person to whom a destruction or disposal order was issued may request an adjudicative proceeding to contest the order.
(4) A state court shall not allow the recovery of damages from an administrative action under this section if the court finds there was probable cause for the action.
[ 2006 c 157 § 6.]
NOTES:
Findings—2006 c 157: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.473 - Failure to comply with chapter or rules—Criminal penalties.

RCW 15.36.473
Failure to comply with chapter or rules—Criminal penalties.
(1) It is unlawful for any person to sell raw milk from a dairy farm that is not licensed as a milk producer or a milk processing plant under this chapter.
(2) The sale of raw milk from a dairy farm that is not licensed as a milk producer and a milk processing plant under this chapter constitutes:
(a) For the first offense, a misdemeanor; and
(b) For the second and subsequent offenses, a gross misdemeanor punishable according to chapter 9A.20 RCW.
(3) Neither the issuance of a cease and desist order nor payment of a civil penalty relieves the person so selling raw milk from criminal prosecution, but the remedy of a cease and desist order or civil penalty is in addition to any criminal liability.
[ 2006 c 157 § 7.]
NOTES:
Findings—2006 c 157: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.475 - Laboratory tests—Admission as evidence.

RCW 15.36.475
Laboratory tests—Admission as evidence.
Tests performed by an official laboratory or an officially designated laboratory of a milk sample drawn by a department official or a licensed dairy technician shall be admitted as prima facie evidence of a violation in any proceeding to enforce this chapter.
[ 1999 c 291 § 21.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.481 - Violations may be enjoined.

RCW 15.36.481
Violations may be enjoined.
The director may bring an action to enjoin the violation of any provision of this chapter or any rule adopted under this chapter in the superior court of the county in which the defendant resides or maintains his or her principal place of business or Thurston county.
[ 1999 c 291 § 22; 1969 ex.s. c 102 § 4. Formerly RCW 15.36.600.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.491 - Licenses—Money deposited in the agricultural local fund.

RCW 15.36.491
Licenses—Money deposited in the agricultural local fund.
All moneys received for licenses under this chapter shall be deposited in the agricultural local fund established under RCW 43.23.230.
[ 2015 3rd sp.s. c 27 § 4; 2005 c 414 § 4; 1999 c 291 § 23; 1961 c 11 § 15.32.710. Prior: 1899 c 43 § 27; RRS § 6249. Formerly RCW 15.32.710.]
NOTES:
Findings—Intent—2015 3rd sp.s. c 27: See note following RCW 15.36.051.
Effective date—2005 c 414 §§ 1 and 4: See note following RCW 15.36.051.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.511 - Unlawful actions.

RCW 15.36.511
Unlawful actions.
(1) It is unlawful for any person to:
(a) Interfere with or obstruct any person in the performance of official duties under this chapter;
(b) Employ a tester, sampler, weigher, grader, or pasteurizer who is not licensed as a dairy technician;
(c) Alter or tamper with a seal placed by the director;
(d) Alter or tamper with a sample of milk or milk products taken or sealed by the director; or
(e) Operate as a milk producer or milk processing plant without obtaining a license from the director.
(2) Except as provided under RCW 15.36.131, it is unlawful for a milk processing plant to accept milk from a person not licensed as a producer or milk processor.
[ 2006 c 157 § 4; 1999 c 291 § 24; 1961 c 11 § 15.32.730. Prior: 1919 c 192 § 76; RRS § 6238. Formerly RCW 15.32.730.]
NOTES:
Findings—2006 c 157: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.525 - Sanitary certificates—Rules—Fee for issuance.

RCW 15.36.525
Sanitary certificates—Rules—Fee for issuance.
The department may issue sanitary certificates to milk processing plants under this chapter subject to such requirements as it may establish by rule. The fee for issuance is seventy-five dollars per certificate beginning July 1, 2015. Fees collected under this section shall be deposited in the agricultural local fund.
[ 2015 3rd sp.s. c 27 § 5; 1999 c 291 § 25.]
NOTES:
Findings—Intent—2015 3rd sp.s. c 27: See note following RCW 15.36.051.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.531 - Declaration of police power.

RCW 15.36.531
Declaration of police power.
It is hereby declared that this chapter is enacted as an exercise of the police power of the state of Washington for the preservation of the public health and each and every section thereof shall be construed as having been intended to effect such purpose and not as having been intended to affect any regulation or restraint of commerce between the several states which may by the Constitution of the United States of America have been reserved to the congress thereof.
[ 1961 c 11 § 15.32.900. Prior: 1919 c 192 § 83; RRS § 6245. Formerly RCW 15.32.900.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.541 - Chapter cumulative.

RCW 15.36.541
Chapter cumulative.
Nothing in this chapter shall be construed as affecting or being intended to effect a repeal of chapter 15.130 RCW or RCW 69.40.010 through 69.40.025, or of any of such sections, or of any part or provision of any such sections, and if any section or part of a section in this chapter shall be found to contain, cover or effect any matter, topic or thing which is also contained in, covered in or effected by said sections, or by any of them, or by any part thereof, the prohibitions, mandates, directions, and regulations hereof, and the penalties, powers and duties herein prescribed shall be construed to be additional to those prescribed in such sections and not in substitution therefor. And nothing in this chapter shall be construed to forbid the importation, transportation, manufacture, sale, or possession of any article of food which is not prohibited from interstate commerce by the laws of the United States or rules or regulations lawfully made thereunder, if there be a standard of quality, purity and strength therefor authorized by any law of this state, and such article comply therewith and be not misbranded.
[ 2018 c 236 § 704; 1961 c 11 § 15.32.910. Prior: 1919 c 192 § 88; RRS § 6266. Formerly RCW 15.32.910.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.551 - Dairy inspection program—Assessment.

RCW 15.36.551
Dairy inspection program—Assessment. (Expires June 30, 2025.)
There is levied on all milk processed in this state an assessment not to exceed fifty-four one-hundredths of one cent per hundredweight. The director shall determine, by rule, an assessment, that with contribution from the general fund, will support an inspection program to maintain compliance with the provisions of the pasteurized milk ordinance of the national conference on interstate milk shipment. All assessments shall be levied on the operator of the first milk processing plant receiving the milk for processing. This shall include milk processing plants that produce their own milk for processing and milk processing plants that receive milk from other sources. Milk processing plants whose monthly assessment for receipt of milk totals less than twenty dollars in any given month are exempted from paying this assessment for that month. All moneys collected under this section shall be paid to the director by the twentieth day of the succeeding month for the previous month's assessments. The director shall deposit the funds into the dairy inspection account hereby created within the agricultural local fund established in RCW 43.23.230. The funds shall be used only to provide inspection services to the dairy industry. If the operator of a milk processing plant fails to remit any assessments, that sum shall be a lien on any property owned by him or her, and shall be reported by the director and collected in the manner and with the same priority over other creditors as prescribed for the collection of delinquent taxes under chapters 84.60 and 84.64 RCW.
This section expires June 30, 2025.
[ 2019 c 115 § 1; 2015 1st sp.s. c 5 § 1; 2010 c 17 § 1; 2004 c 132 § 1; 1999 c 291 § 26; 1995 c 15 § 1; 1994 c 34 § 1; 1993 sp.s. c 19 § 1; 1992 c 160 § 1. Formerly RCW 15.36.105.]
NOTES:
Effective date—1995 c 15: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 12, 1995]." [ 1995 c 15 § 2.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.561 - Dairy inspection program—Advisory committee—Purpose—Terms.

RCW 15.36.561
Dairy inspection program—Advisory committee—Purpose—Terms.
(1) There is created a dairy inspection program advisory committee. The committee shall consist of eleven members appointed by the director. The director shall solicit nominations for members of the committee from Washington dairy producer organizations and milk processors. The committee shall consist of four members who are producers or their representatives, four members who are milk processors or their representatives, one member who is a producer processor, one member who is a milk hauler, and one member who is a milk equipment dealer.
(2) The purpose of this advisory committee is to advise the director in the administration of the dairy inspection program and regarding policy issues related to this chapter.
(3) The terms of the members of the committee shall be staggered and the members shall serve a term of three years until their successor has been appointed and qualified. In the event a committee member resigns, is disqualified, or vacates a position on the committee for any reason the vacancy may be filled by the director under the provisions of this section governing appointments. The director may remove a member for cause.
(4) The committee shall elect one of its members as chair. The committee shall meet by the call of the director, chair, or a majority of the committee. Members of the committee shall serve without compensation.
[ 1999 c 291 § 27; 1994 c 143 § 507; 1994 c 34 § 2; 1992 c 160 § 2. Formerly RCW 15.36.107.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.36 - Milk and Milk Products. › 15.36.571 - Department authorized to assess inspection fee on certain manufacturing facilities.

RCW 15.36.571
Department authorized to assess inspection fee on certain manufacturing facilities.
The department may, upon inspection, assess an inspection fee on any manufacturing facility that is required to be inspected under the PMO and does not satisfy the definition of "milk processing plant" as defined in this chapter, "food processing plant" as defined in RCW 69.07.010, or "food storage warehouse" as defined in RCW 69.10.005.
[ 2015 3rd sp.s. c 27 § 6.]
NOTES:
Findings—Intent—2015 3rd sp.s. c 27: See note following RCW 15.36.051.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.37 - Milk and Milk Products for Animal Food. › 15.37.010 - Definitions.

RCW 15.37.010
Definitions.
For the purpose of this chapter:
(1) "Department" means the department of agriculture of the state of Washington.
(2) "Director" means the director of the department or his or her duly appointed representative.
(3) "Person" means a natural person, individual, or firm, partnership, corporation, company, society, and association, and every officer, agent, or employee thereof. This term shall import either the singular or plural, as the case may be.
[ 2010 c 8 § 6052; 1961 c 285 § 1.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.37 - Milk and Milk Products for Animal Food. › 15.37.020 - Enforcement of chapter—Rules, subject to administrative procedure act.

RCW 15.37.020
Enforcement of chapter—Rules, subject to administrative procedure act.
The director shall enforce and carry out the provisions of this chapter and may adopt the necessary rules to carry out its purpose. The adoption of rules shall be subject to the provisions of chapter 34.05 RCW, concerning the adoption of rules, as enacted or hereafter amended.
[ 1961 c 285 § 2.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.37 - Milk and Milk Products for Animal Food. › 15.37.030 - Minimum conditions for sale, etc.—When license required—Expiration date of license.

RCW 15.37.030
Minimum conditions for sale, etc.—When license required—Expiration date of license.
It shall be unlawful for any person to sell, offer for sale, hold for sale, or advertise for sale, trade, barter, or to give as an inducement for the sale of another product, milk, cream, or skim milk, for animal food consumption, which does not meet, or has not been produced and handled under conditions prescribed for grade A milk as provided in chapter 15.36 RCW as enacted or hereafter amended, without first obtaining an annual license from the director which shall expire on June 30th following the date of issuance unless revoked prior thereto by the director for cause.
[ 1961 c 285 § 3.]