reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.48 - Seed Bailment Contracts. › 15.48.290 - Payments required to be made by bailor to bailee subject to security interests and agricultural liens.

RCW 15.48.290
Payments required to be made by bailor to bailee subject to security interests and agricultural liens.
All payments of money required by the terms of a seed bailment contract to be made by a bailor to a bailee shall be subject to security interests perfected as required by *chapter 62A.9 RCW, as amended, and all agricultural liens provided for and perfected in accordance with Title 60 RCW.
[ 1967 c 114 § 16.]
NOTES:
*Reviser's note: Chapter 62A.9 RCW was repealed in its entirety by 2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see chapter 62A.9A RCW.
Emergency—Effective date—1967 c 114: See note following RCW 62A.4-406.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.005 - Purpose—Rules.

RCW 15.49.005
Purpose—Rules.
The purpose of this chapter is to provide uniformity and consistency in the packaging of agricultural, vegetable, and flower seeds so as to facilitate the interstate movement of seed, to protect consumers, and to provide a dispute-resolution process. The department of agriculture is hereby authorized to adopt rules in accordance with chapter 34.05 RCW to implement this chapter. To the extent possible, the department shall seek to incorporate into the rules provisions from the recommended uniform state seed law in order to attain consistency with other states.
[ 1989 c 354 § 70.]
NOTES:
Effective date—1989 c 354 §§ 70-81 and 84-86: "Sections 70 through 81 and 84 through 86 of this act shall take effect January 1, 1990." [ 1989 c 354 § 88.]
Severability—1989 c 354: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.021 - Standards and label requirements—Rules.

RCW 15.49.021
Standards and label requirements—Rules.
(1) The department shall establish by rule standards and label requirements for the following seed types: Agricultural seed (including grass, lawn, and turf seed), flower seed, and vegetable seed.
(2) The standards and label requirements shall be divided into the following categories:
(a) Percentage of kind and variety of each seed component present; and
(b) Percentage of weed seed (restricted and common).
(3) The standards and label requirements developed by the department shall at a minimum include:
(a) Amount of inert material;
(b) Specifics and warning for treated seed;
(c) Specifics for coated seed;
(d) Specifics and duration for inoculated seed;
(e) Specifics for seed which is below standard;
(f) Specifics for seed contained in containers, mats, tapes, or other planting devices;
(g) Specifics for seed sold in bulk;
(h) Specifics for hybrid seed; and
(i) Specifics for seed mixtures.
[ 1989 c 354 § 71.]
NOTES:
Effective date—1989 c 354 §§ 70-81 and 84-86: See note following RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.031 - Labels—Required information.

RCW 15.49.031
Labels—Required information.
In addition to the requirements contained in RCW 15.49.021, each seed label shall contain the following:
(1) The name and address of the person who labeled the seed and who sells, offers, or exposes the seed for sale within the state;
(2) Lot number identification;
(3) Seed origin;
(4) Germination rate and date of germination test or the year for which the seed was packaged for sale.
[ 1989 c 354 § 72.]
NOTES:
Effective date—1989 c 354 §§ 70-81 and 84-86: See note following RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.041 - Violations—Civil penalty.

RCW 15.49.041
Violations—Civil penalty.
Every person who fails to comply with this chapter or the rules adopted under it may be subjected to a civil penalty, as determined by the director, in an amount of not more than two thousand dollars for every such violation. Each and every such violation shall be a separate and distinct offense.
[ 1989 c 354 § 74.]
NOTES:
Effective date—1989 c 354 §§ 70-81 and 84-86: See note following RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.061 - Exceptions.

RCW 15.49.061
Exceptions.
(1) The provisions of this chapter do not apply to cannabis seed. For the purposes of this subsection, "cannabis" has the same meaning as defined in RCW 69.50.101.
(2) The provisions of RCW 15.49.011 through 15.49.051 do not apply:
(a) To seed or grain not intended for sowing purposes;
(b) To seed in storage by, or being transported or consigned to, a conditioning establishment for conditioning if the invoice or labeling accompanying the shipment of such seed bears the statement "seeds for conditioning" and if any labeling or other representation that may be made with respect to the unconditioned seed is subject to this chapter;
(c) To any carrier with respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier if the carrier is not engaged in producing, conditioning, or marketing seeds subject to this chapter; or
(d) Seed stored or transported by the grower of the seed.
(3) No person may be subject to the penalties of this chapter for having sold or offered for sale seeds subject to this chapter that were incorrectly labeled or represented as to kind, species, variety, or type, which seeds cannot be identified by examination thereof, unless he or she has failed to obtain an invoice, genuine grower's declaration, or other labeling information and to take such other precautions as may be reasonable to ensure the identity to be that stated. A genuine grower's declaration of variety shall affirm that the grower holds records of proof concerning parent seed, such as invoice and labels.
[ 2022 c 16 § 13; 2014 c 140 § 34; 1989 c 354 § 76.]
NOTES:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—1989 c 354 §§ 70-81 and 84-86: See note following RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.071 - Damages—Mediation prerequisite to legal action.

RCW 15.49.071
Damages—Mediation prerequisite to legal action.
(1) When a buyer is damaged by the failure of any seed covered by this chapter to produce or perform as represented by the required label, by warranty, or as a result of negligence, the buyer, as a prerequisite to maintaining a legal action against the dealer of such seed, shall have first provided for the mediation of the claim. Any statutory period of limitations with respect to such claim shall be tolled from the date mediation proceedings are instituted until ten days after the date on which the mediation proceedings are concluded. Mediation proceedings are instituted from the date the buyer mails the dealer the buyer's complaint with its request to engage in mediation as provided under RCW 15.49.091.
(2) Conspicuous language calling attention to the requirement for mediation under this section shall be referenced or included on the analysis label required under this chapter.
(3) This section applies only to claims, or counterclaims, where the relief sought is, or includes, a monetary amount in excess of five thousand dollars. All claims for five thousand dollars or less may be commenced in either district court or small claims court.
(4) The mediation provisions under this section apply only to a dealer subject to this state's jurisdiction in relation to the buyer's claims.
[ 2017 c 33 § 1; 2005 c 433 § 36; 1989 c 354 § 77.]
NOTES:
Application—Captions not law—Savings—Effective date—2005 c 433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Effective date—1989 c 354 §§ 70-81 and 84-86: See note following RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.091 - Mediation—Procedure.

RCW 15.49.091
Mediation—Procedure.
(1) To submit a claim for mediation, the buyer shall make and file a sworn complaint against the dealer alleging the damages sustained. The sworn complaint may take the form of a declaration or affidavit. The buyer shall send a copy of the complaint to the dealer by United States registered mail.
(2) Within twenty days after receipt of a copy of the complaint, the dealer shall file with the buyer, by United States registered mail, the answer to the complaint. The answer shall agree to participate in mediation under chapter 7.07 RCW or shall state the dealer's grounds for refusing to engage in such mediation. Failure of a dealer to file a timely answer to the complaint and the request to engage in mediation shall be documented for the record supporting the buyer's option to maintain a legal action for its claim against the dealer.
(3) The parties shall be equally responsible for the mediator's fees unless otherwise agreed between the parties before retaining the mediator.
(4) The mediator must be selected by mutual agreement of the parties from mediators qualified to conduct mediations under chapter 7.07 RCW. The mediation must take place within the part of the state where the buyer conducts the buyer's operations unless otherwise agreed between the parties.
[ 2017 c 33 § 2; 1989 c 354 § 79.]
NOTES:
Effective date—1989 c 354 §§ 70-81 and 84-86: See note following RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.310 - Department to administer chapter—Rules and regulations—Guidance of federal seed act.

RCW 15.49.310
Department to administer chapter—Rules and regulations—Guidance of federal seed act.
The department shall administer, enforce, and carry out the provisions of this chapter and may adopt regulations necessary to carry out its purpose. The adoption of regulations shall be subject to a public hearing and all other applicable provisions of chapter 34.05 RCW (Administrative Procedure Act), as enacted and hereafter amended.
The department when adopting regulations in respect to the seed industry shall consult with affected parties, such as growers, conditioners, and distributors of seed. Any final regulation adopted shall be based upon the requirements and conditions of the industry and shall be for the purpose of promoting the well-being of the purchasers and users of seed as well as the members of the seed industry.
When seed labeling, terms, methods of sampling and analysis, and tolerances are not specifically stated in this chapter or otherwise designated by the department, the department shall, in order to promote uniformity, be guided by officially recognized associations, or regulations under The Federal Seed Act.
[ 1981 c 297 § 9; 1969 c 63 § 31.]
NOTES:
Severability—1981 c 297: See note following RCW 15.36.201.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.330 - Screenings—Removal required—Disposition.

RCW 15.49.330
Screenings—Removal required—Disposition.
(1) All screenings, removed in the cleaning or conditioning of seeds, which contain prohibited or restricted noxious weed seeds shall be removed from the seed conditioning plant only under conditions that will prevent weed seeds from being dispersed into the environment.
(2) The director may by regulation adopt requirements for moving, conditioning, and/or disposing of screenings.
[ 1981 c 297 § 11; 1979 c 154 § 1; 1969 c 63 § 33.]
NOTES:
Severability—1981 c 297: See note following RCW 15.36.201.
Severability—1979 c 154: "If any provision of this 1979 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." [ 1979 c 154 § 27.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.350 - Permit to condition certified seed.

RCW 15.49.350
Permit to condition certified seed.
Upon application for a permit to condition certified seed, the department shall inspect the seed conditioning facilities of the applicant to determine that genetic purity and identity of seed conditioned can be maintained. Upon approval, the department shall issue a seed conditioning permit, for each regular place of business, which shall be conspicuously displayed in the office of such business. The permit shall remain in effect as long as the facilities comply with the department's requirements for such permit.
[ 1981 c 297 § 13; 1969 c 63 § 35.]
NOTES:
Severability—1981 c 297: See note following RCW 15.36.201.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.360 - Records—Maintenance—Availability of records and samples for inspection.

RCW 15.49.360
Records—Maintenance—Availability of records and samples for inspection.
The seed labeling registrant whose name appears on the label shall:
(1) Keep, for a period of two years after the date of final disposition, complete records of each lot of seed distributed: PROVIDED, That the file sample of each lot of seed distributed need be kept for only one year.
(2) Make available, during regular working hours, such records and samples for inspection by the department.
[ 1969 c 63 § 36.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.370 - Department's enforcement authority.

RCW 15.49.370
Department's enforcement authority.
The department shall have the authority to:
(1) Sample, inspect, make analysis of, and test seeds distributed within this state at such time and place and to such extent as it may deem necessary to determine whether such seeds are in compliance with the provisions of this chapter. The methods of sampling and analysis shall be those adopted by the department from officially recognized sources. The department, in determining for administrative purposes whether seeds are in violation of this chapter, shall be guided by records, and by the official sample obtained and analyzed as provided for in this section. Analysis of an official sample, by the department, shall be accepted as prima facie evidence by any court of competent jurisdiction.
(2) Enter any dealer's or seed labeling registrant's premises at all reasonable times in order to have access to seeds and to records. This includes the determination of the weight of packages and bulk shipments.
(3) Adopt and enforce regulations for certifying seeds, and shall fix and collect fees for such service. Fees authorized under this subsection may be used for services involving breeder seed, foundation seed, registered seed, and certified seed. The director of the department may appoint persons as agents for the purpose of assisting in the certification of seeds.
(4) Adopt and enforce regulations for inspecting, grading, and certifying growing crops of seeds; inspect, grade, and issue certificates upon request; and fix and collect fees for such services.
(5) Make purity, germination and other tests of seed on request, and fix and collect charges for the tests made.
(6) Establish and maintain seed testing facilities, employ qualified persons, establish by rule special assessments as needed, and incur such expenses as may be necessary to carry out the provisions of this chapter.
(7) Adopt a list of the prohibited and restricted noxious weed seeds.
(8) Publish reports of official seed inspections, seed certifications, laboratory statistics, verified violations of this chapter, and other seed branch activities which do not reveal confidential information regarding individual company operations or production.
(9) Deny, suspend, or revoke licenses, permits and certificates provided for in this chapter subsequent to a hearing, subject to the provisions of chapter 34.05 RCW (Administrative Procedure Act) as enacted or hereafter amended, in any case in which the department finds that there has been a failure or refusal to comply with the provisions of this chapter or regulations adopted hereunder.
[ 2018 c 233 § 1; 1981 c 297 § 14; 1969 c 63 § 37.]
NOTES:
Severability—1981 c 297: See note following RCW 15.36.201.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.380 - Dealer's license to distribute seeds.

RCW 15.49.380
Dealer's license to distribute seeds.
(1) No person may distribute seeds without having obtained a dealer's license for each regular place of business. However, a license is not required of a person who distributes seeds only in sealed packages of eight ounces or less, packed by a seed labeling registrant and bearing the name and address of the registrant. Moreover, a license is not required of any grower selling seeds of his or her own production exclusively. Such seed sold by such grower must be properly labeled as provided in this chapter. Each dealer's license costs one hundred twenty-five dollars, must be issued through the business license [licensing] system, must bear the date of issue, must expire on the business licensing [license] expiration date, and must be prominently displayed in each place of business.
(2) Persons custom conditioning and/or custom treating seeds for others for remuneration are considered dealers for the purpose of this chapter.
(3) Application for a license to distribute seed must be through the business licensing system and must include the name and address of the person applying for the license, the name of a person domiciled in this state authorized to receive and accept service or legal notices of all kinds, and any other reasonable and practical information prescribed by the department necessary to carry out the purposes and provisions of this chapter.
[ 2013 c 144 § 6; 2012 c 61 § 1; 2010 c 8 § 6064; 1982 c 182 § 24; 1981 c 297 § 15; 1969 c 63 § 38.]
NOTES:
Severability—1981 c 297: See note following RCW 15.36.201.
Business licensing system to include additional licenses: RCW 19.02.110.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.390 - Renewal of dealer's license.

RCW 15.49.390
Renewal of dealer's license.
If an application for renewal of the dealer's license provided for in RCW 15.49.380, is not filed prior to the business license expiration date, the business license delinquency fee must be assessed under chapter 19.02 RCW and must be paid by the applicant before the renewal license is issued.
[ 2013 c 144 § 7; 1982 c 182 § 25; 1969 c 63 § 39.]
NOTES:
Business licensing
delinquency fee—Rate—Disposition: RCW 19.02.085.
expiration date: RCW 19.02.090.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.400 - Seed labeling permit.

RCW 15.49.400
Seed labeling permit.
(1) No person shall label seed for distribution in this state without having obtained a seed labeling permit. The seed labeling registrant shall be responsible for the label and the seed contents. The application for a seed labeling permit shall be submitted to the department on forms furnished by the department, and shall be accompanied by a fee of twenty dollars per applicant. The application form shall include the name and address of the applicant, a label or label facsimile, and any other reasonable and practical information prescribed by the department. Upon approval, the department shall issue said permit to the applicant. All permits expire on January 31st of each year.
(2) If an application for renewal of the seed labeling permit provided for in this section is not filed prior to February 1st of any one year, an additional fee of ten dollars shall be assessed and added to the original fee and shall be paid by the applicant before the license shall be issued: PROVIDED, That such additional fee shall not apply if the applicant furnishes an affidavit that he or she has not labeled seed for distribution in this state subsequent to the expiration of his or her prior permit.
[ 2010 c 8 § 6065; 1969 c 63 § 40.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.410 - "Stop sale, use or removal orders"—Seizure—Condemnation.

RCW 15.49.410
"Stop sale, use or removal orders"—Seizure—Condemnation.
(1) When the department has determined or has probable cause to suspect that any lot of seed or screenings is mislabeled and/or is being distributed in violation of this chapter or regulations adopted hereunder, it may issue and enforce a written or printed "stop sale, use or removal order" warning the distributor not to dispose of the lot of seed or screenings in any manner until written permission is given by the department or a court of competent jurisdiction. The department shall release the lot of seed or screenings so withdrawn when said provisions and regulations have been complied with. If compliance is not obtained, the department may bring proceedings for condemnation.
(2) Any lot of seed or screenings not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the department to a court of competent jurisdiction in the locality in which the seed or screenings are located. In the event the court finds the seed or screenings to be in violation of this chapter and orders the condemnation of said seed or screenings, such lot of seed or screenings shall be denatured, conditioned, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this state: PROVIDED, That in no instance shall the court order such disposition of said seed or screenings without first having given the claimant an opportunity to apply to the court, within twenty days, for the release of said seed or screenings or for permission to condition or relabel it to bring it into compliance with this chapter.
[ 1981 c 297 § 16; 1969 c 63 § 41.]
NOTES:
Severability—1981 c 297: See note following RCW 15.36.201.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.420 - Damages precluded.

RCW 15.49.420
Damages precluded.
No state court shall allow the recovery of damages from administrative action taken or for stop sales or seizures under RCW 15.49.410 if the court finds that there was probable cause for such action.
[ 1969 c 63 § 42.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.460 - Injunctions.

RCW 15.49.460
Injunctions.
The department is hereby authorized to apply for, and the court authorized to grant, a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any regulations promulgated under this chapter, notwithstanding the existence of any other remedy at law. Any such injunction shall be issued without bond.
[ 1969 c 63 § 46.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.470 - Moneys, disposition—Fees, fines, penalties and forfeitures of district courts, remittance.

RCW 15.49.470
Moneys, disposition—Fees, fines, penalties and forfeitures of district courts, remittance.
All moneys collected under the provisions of this chapter shall be paid to the director and deposited in an account within the agricultural local fund. Such deposits shall be used only in the administration and enforcement of this chapter. Any residual balance remaining in the seed fund on June 9, 1988, shall be transferred to that account within the agricultural local fund. All fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.
[ 1988 c 254 § 2; 1987 c 202 § 176; 1975 1st ex.s. c 257 § 2; 1969 ex.s. c 199 § 13; 1969 c 63 § 47.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—1975 1st ex.s. c 257: See note following RCW 15.13.470.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.480 - Cooperation and agreements with other agencies.

RCW 15.49.480
Cooperation and agreements with other agencies.
The department may cooperate with and enter into agreements with other governmental agencies, whether of this state, other states, or agencies of the federal government, and with private associations, in order to carry out the purposes and provisions of this chapter.
[ 1969 c 63 § 48.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.900 - Existing liabilities not affected.

RCW 15.49.900
Existing liabilities not affected.
The enactment of this chapter shall not have the effect of terminating or in any way modifying any liability, civil or criminal, which shall already be in existence on July 1, 1969.
[ 1969 c 63 § 49.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.930 - Continuation of rules adopted pursuant to repealed sections—Adoption, amendment or repeal.

RCW 15.49.930
Continuation of rules adopted pursuant to repealed sections—Adoption, amendment or repeal.
The repeal of sections 15.48.010 through 15.48.260 and 15.48.900, chapter 11, Laws of 1961 and RCW 15.48.010 through 15.48.260 and 15.48.900 and the enactment of this 1969 act shall not be deemed to have repealed any regulations adopted under the provisions of sections 15.48.010 through 15.48.260 and 15.48.900, chapter 11, Laws of 1961 and RCW 15.48.010 through 15.48.260 and 15.48.900, and in effect immediately prior to such repeal and not inconsistent with the provisions of this 1969 act. For the purpose of this 1969 act, it shall be deemed that such rules have been adopted under the provisions of this 1969 act pursuant to chapter 34.05 RCW, as enacted or hereafter amended concerning the adoption of rules. Any amendment or repeal of such rules after July 1, 1969, shall be subject to the provisions of chapter 34.05 RCW (Administrative Procedure Act) as enacted or hereafter amended, concerning the adoption of rules.
[ 1969 c 63 § 52.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.49 - Seeds. › 15.49.940 - Short title.

RCW 15.49.940
Short title.
RCW 15.49.020 through * 15.49.950 shall be known as the "Washington State Seed Act."
[ 1969 c 63 § 53.]
NOTES:
*Reviser's note: RCW 15.49.950 was decodified pursuant to 2017 3rd sp.s. c 25 § 4.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.51 - Brassica Seed Production. › 15.51.010 - Findings—Purpose.

RCW 15.51.010
Findings—Purpose.
The legislature finds that the growing, production, or formation of seed from plants of the genus Brassica for the purpose of producing seed, oil, biofuel or associated by-products, commercial vegetables, forage, or cover crops is in the interest of the public welfare. The legislature finds that species, hybrids, varieties, and variations of plants of the genus Brassica have potential to form genetic crosses, particularly when they are grown in geographic proximity, and will, if not properly regulated, result in significant loss of quality, purity, and value in the seed produced.
The legislature finds that production of biofuel using Brassica seed crops, generally known as canola or rapeseed, can help citizens and businesses conserve energy and reduce the use of petroleum-based fuels, improve air and water quality, and create new industries and jobs for Washington citizens. The legislature also finds that Washington state offers conditions uniquely suited to the production of high quality, high value Brassica vegetable seed, and that the vegetable seed industry is a significant contributor to the diversity and economic viability of the agricultural community.
The purpose of chapter 181, Laws of 2007 is to provide for the orderly production of potentially incompatible varieties of Brassica seed crops.
[ 2007 c 181 § 1.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.51 - Brassica Seed Production. › 15.51.020 - Definitions.

RCW 15.51.020
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Brassica" means any plants in the genus Brassica.
(2) "Brassica seed crop" means any commercial production of any species, hybrid, or variety of the genus Brassica that results in pollen or seed formation. Brassica seed crop includes, but is not limited to, Brassica seeds grown for planting, and species generally known as rapeseed or canola, including Brassica napus, Brassica rapa, and Brassica juncea, grown for oil or biofuel and associated by-products. For purposes of this chapter, forage and cover crops from the genus Brassica are considered Brassica seed crops. Plants from the genus Brassica grown as vegetables for human or animal consumption such as cabbage, broccoli, rutabaga, and kohlrabi are not Brassica seed crops as long as they are not allowed to produce pollen or seed.
(3) "Department" means the state department of agriculture.
(4) "Director" means the director of the department or the director's authorized representative.
(5) "Grower" means a person who grows a Brassica seed crop within a Brassica seed production district or, for purposes of RCW 15.51.030, within a proposed Brassica seed production district.
(6) "Processor" means a person who commercially uses, sells, or processes a Brassica seed crop grown within a Brassica seed production district or, for purposes of RCW 15.51.030, within a proposed Brassica seed production district.
(7) "Volunteer and weed Brassica plants" means plants of the genus Brassica that arise from accidental or unintentional scattering or occurrence of seed.
[ 2007 c 181 § 2.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.51 - Brassica Seed Production. › 15.51.030 - Brassica seed production districts—Grower's petition—Rules.

RCW 15.51.030
Brassica seed production districts—Grower's petition—Rules.
Any grower or processor of a Brassica seed crop may submit a petition to the director requesting establishment of a Brassica seed production district. The petition must include proposed geographic boundaries of the district and the proposed types of regulations for designated Brassica seed crop species within the district. The petition must contain the signatures of at least ten growers or processors of affected Brassica seed crops grown within the boundaries of the proposed Brassica seed production district. If there are fewer than ten growers or processors of affected Brassica seed crops grown within the boundaries of the proposed district, then the applicant may submit a list of names and contact information for all Brassica seed crop growers and processors within the proposed district and a petition signed by at least fifty percent of these persons. In response to the petition, the director may adopt rules to establish Brassica seed production districts.
[ 2007 c 181 § 3.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.51 - Brassica Seed Production. › 15.51.040 - Brassica production agreements.

RCW 15.51.040
Brassica production agreements.
(1) Any person who wishes to conduct an activity otherwise prohibited within a Brassica seed production district must first enter into a Brassica production agreement with the director. Each Brassica production agreement shall be developed by the applicant and the director in consultation with an advisory committee comprised of at least three individuals appointed by the director, none of whom shall have a financial interest in the request for agreement or its outcome and at least one of whom shall be a grower in or processor of Brassica seed crops grown within the Brassica seed production district. The director shall not enter into any Brassica production agreement unless the director, in the exercise of his or her discretion, is satisfied that the agreement contains terms and conditions that are necessary and sufficient to mitigate reasonably possible risks to the economic well-being of growers within the Brassica seed production district from the proposed activity.
(2) The applicant or any grower or processor of a Brassica seed crop grown within the Brassica seed production district that would be affected by the Brassica production agreement may appeal, under RCW 34.05.570(4), the director's decision whether or not to enter into a Brassica production agreement. Any such appeal must be filed in the superior court of Thurston county or the county in which the activity to be allowed under the Brassica production agreement would occur.
[ 2007 c 181 § 4.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.51 - Brassica Seed Production. › 15.51.050 - Rules.

RCW 15.51.050
Rules.
The director may adopt rules necessary to carry out the purpose and provisions of this chapter concerning, but not limited to:
(1) Brassica seed production districts;
(2) Notification of a designated central clearinghouse for growers to report their intention to plant a Brassica seed crop within a Brassica seed production district;
(3) Isolation distances between Brassica seed crops within a Brassica seed production district;
(4) Exclusion of designated Brassica seed crops within a Brassica seed production district, except under terms of a Brassica production agreement;
(5) Control of volunteer and weed Brassica plants within a Brassica seed production district; and
(6) Brassica production agreements.
[ 2007 c 181 § 5.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.51 - Brassica Seed Production. › 15.51.060 - Violation or threatened violation of chapter—Action to enjoin.

RCW 15.51.060
Violation or threatened violation of chapter—Action to enjoin.
The director or any grower or processor of a Brassica seed crop grown within a Brassica seed production district may bring an action to enjoin the violation or threatened violation of any provision of this chapter or its rules, or any Brassica production agreement entered into by an applicant and the director, in the superior court of Thurston county or the county in which the violation or threatened violation occurs or is about to occur.
[ 2007 c 181 § 6.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.51 - Brassica Seed Production. › 15.51.070 - Application of chapter 34.05 RCW.

RCW 15.51.070
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.
[ 2007 c 181 § 7.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.53 - Commercial Feed. › 15.53.9012 - Administration and administrative rules.

RCW 15.53.9012
Administration and administrative rules.
(1) The department shall administer, enforce and carry out the provisions of this chapter and may adopt rules necessary to carry out its purpose. In adopting such rules, the director shall consider (a) the official definitions of feed ingredients and official feed terms adopted by the association of American feed control officials and published in the official publication of that organization; and (b) any regulation adopted pursuant to the authority of the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301, et seq.), if the department would have the authority under this chapter to adopt the regulations. The adoption of rules shall be subject to a public hearing and all other applicable provisions of chapter 34.05 RCW (Administrative Procedure Act).
(2) The director when adopting rules in respect to the feed industry shall consult with affected parties, such as manufacturers and distributors of commercial feed and any final rule adopted shall be designed to promote orderly marketing and shall be reasonable and necessary and based upon the requirements and condition of the industry and shall be for the purpose of promoting the well-being of the members of the feed industry as well as the well-being of the purchasers and users of feed and for the general welfare of the people of the state.
[ 1995 c 374 § 34; 1965 ex.s. c 31 § 3.]
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 15.53 - Commercial Feed. › 15.53.9015 - Responsible buyer status—Application—Removal—List.

RCW 15.53.9015
Responsible buyer status—Application—Removal—List.
(1) To become a responsible buyer, a commercial feed licensee must apply for responsible buyer status on forms provided by the department. The application must include:
(a) The name and mailing address of the licensee;
(b) The physical address of the licensee;
(c) The name, contact information, and signature of the applicant; and
(d) Other information required by the department by rule.
(2) To be removed from responsible buyer status, the licensee must notify the department in writing. The licensee is not released from responsible buyer status until the department notifies the licensee in writing of such release.
(3) The department will maintain a current list of all responsible buyers and make the list available on request.
[ 2005 c 18 § 5.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.53 - Commercial Feed. › 15.53.9022 - Misbranding—Definition—Unlawful to distribute.

RCW 15.53.9022
Misbranding—Definition—Unlawful to distribute.
It shall be unlawful for any person to distribute misbranded feed. A commercial feed shall be deemed to be misbranded:
(1) If its labeling is false or misleading in any particular;
(2) If it is distributed under the name of another commercial feed;
(3) If it is not labeled as required in RCW 15.53.9016 and in rules prescribed under this chapter;
(4) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed or feed ingredient, unless such commercial feed or feed ingredient conforms to the definition of identity, if any, prescribed by rule of the department. In the adopting of such rules the department may consider commonly accepted definitions such as those issued by nationally recognized associations or groups of feed control officials;
(5) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(6) If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling.
[ 1995 c 374 § 40; 1965 ex.s. c 31 § 8.]
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 15.53 - Commercial Feed. › 15.53.9038 - Department's remedies for noncompliance—"Withdrawal from distribution" order—Condemnation—Seizure.

RCW 15.53.9038
Department's remedies for noncompliance—"Withdrawal from distribution" order—Condemnation—Seizure.
(1) When the department has reasonable cause to believe that any lot of commercial feed is adulterated or misbranded or is being distributed in violation of this chapter or any rules hereunder it may issue and enforce a written or printed "withdrawal from distribution" order, or "stop sale" order, warning the distributor not to dispose of the lot of feed in any manner until written permission is given by the department. The department shall release the lot of commercial feed so withdrawn when the provisions and rules have been complied with. If compliance is not obtained within thirty days, parties may agree to an alternative disposition in writing or the department may institute condemnation proceedings in a court of competent jurisdiction.
(2) Any lot of commercial feed not in compliance with the provisions and rules is subject to seizure on complaint of the department to a court of competent jurisdiction in the area in which the commercial feed is located. If the court finds the commercial feed to be in violation of this chapter and orders the condemnation of the commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state. The court shall first give the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with this chapter.
[ 1995 c 374 § 42; 1982 c 177 § 5; 1975 1st ex.s. c 257 § 7; 1965 ex.s. c 31 § 16.]
NOTES:
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Effective date—1975 1st ex.s. c 257: See note following RCW 15.13.470.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.53 - Commercial Feed. › 15.53.904 - Department's remedies for noncompliance—Classification of crimes—Prosecutions—Injunctions.

RCW 15.53.904
Department's remedies for noncompliance—Classification of crimes—Prosecutions—Injunctions.
(1) Any person convicted of violating any of the provisions of this chapter or the rules and regulations issued thereunder or who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the department in the performance of its duty in connection with the provisions of this chapter, shall be adjudged guilty of a misdemeanor as provided in RCW 9A.20.021. In all prosecutions under this chapter involving the composition of a lot of commercial feed, a certified copy of the official analysis signed by the department shall be accepted as prima facie evidence of the composition.
(2) Any person convicted of intentionally violating RCW 15.53.902(4) or the rules issued thereunder is guilty of a gross misdemeanor as provided in RCW 9A.20.021.
(3) Nothing in this chapter shall be construed as requiring the department to report for prosecution or for the institution of seizure proceedings as a result of minor violations of this chapter when it believes that the public interest will be best served by a suitable notice of warning in writing.
(4) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the department reports a violation for such prosecution, an opportunity shall be given the distributor to present the distributor's view in writing or orally to the department.
(5) The department is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under this chapter notwithstanding the existence of other remedies at law. Said injunction to be issued without bond.
[ 2005 c 40 § 2; 1965 ex.s. c 31 § 17.]
NOTES:
Analysis of official sample as evidence: RCW 15.53.9024.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.53 - Commercial Feed. › 15.53.9042 - Department to publish distribution information, production data, and analyses comparison.

RCW 15.53.9042
Department to publish distribution information, production data, and analyses comparison.
The department shall publish at least annually, in such forms as it may deem proper, information concerning the distribution of commercial feed, together with such data on their production and use as it may consider advisable, and a report of the results of the analyses of official samples of commercial feed within the state as compared with the analyses guaranteed on the label or as calculated from the invoice data for customer-formula feeds: PROVIDED, That the information concerning production and use of commercial feeds shall not disclose the operations of any person.
[ 1995 c 374 § 43; 1965 ex.s. c 31 § 18.]
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 15.53 - Commercial Feed. › 15.53.9044 - Disposition of moneys.

RCW 15.53.9044
Disposition of moneys.
All moneys collected under this chapter shall be paid to the director and deposited in an account within the agricultural local fund. Such deposits shall be used only in the administration and enforcement of this chapter.
[ 2005 c 18 § 9; 1988 c 254 § 5; 1975 1st ex.s. c 257 § 8; 1965 ex.s. c 31 § 19.]
NOTES:
Effective date—1975 1st ex.s. c 257: See note following RCW 15.13.470.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.53 - Commercial Feed. › 15.53.9046 - Cooperation with other entities.

RCW 15.53.9046
Cooperation with other entities.
The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government and private associations in order to carry out the purpose and provisions of this chapter.
[ 1965 ex.s. c 31 § 24.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.53 - Commercial Feed. › 15.53.9048 - Chapter is cumulative.

RCW 15.53.9048
Chapter is cumulative.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1965 ex.s. c 31 § 20.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.265 - Intent—1998 c 36.

RCW 15.54.265
Intent—1998 c 36.
(1) The legislature intends to strengthen the state's fertilizer adulteration laws to protect human health and the environment by:
(a) Ensuring that all fertilizers meet standards for allowable metals;
(b) Allowing fertilizer purchasers and users to know about the contents of fertilizer products; and
(c) Clarifying the department of ecology's oversight authority over waste-derived fertilizers.
(2) The legislature intends to provide better information to the public on fertilizers, soils, and potential health effects by authorizing additional studies on plant uptake of metals and levels of dioxins in soils and products.
[ 1998 c 36 § 1.]
NOTES:
Short title—1998 c 36: "This act may be known and cited as the fertilizer regulation act." [ 1998 c 36 § 24.]