reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.275 - Bulk fertilizer distribution license—Fee.

RCW 15.54.275
Bulk fertilizer distribution license—Fee.
(1) No person may distribute a bulk fertilizer in this state until a license to distribute has been obtained by that person. An annual license is required for each out-of-state or in-state location that distributes bulk fertilizer in Washington state. An application for each location must be filed on forms provided by the business licensing system established under chapter 19.02 RCW and must be accompanied by an annual fee of fifty dollars per location. The license expires on the business license expiration date.
(2) An application for license must include the following:
(a) The name and address of licensee.
(b) Any other information required by the department by rule.
(3) The name and address shown on the license must be shown on all labels, pertinent invoices, and storage facilities for fertilizer distributed by the licensee in this state.
(4) If an application for license renewal provided for in this section is not filed prior to the business license expiration date, a delinquency fee of fifty dollars must be assessed and added to the original fee and must be paid by the applicant before the renewal license is issued. The assessment of this delinquency fee does not prevent the department from taking any other action as provided for in this chapter.
[ 2021 c 282 § 1; 2013 c 144 § 8; 1998 c 36 § 3; 1993 c 183 § 2.]
NOTES:
Application date—2021 c 282: "All new or renewal applications for registration under this act received on or after June 1, 2021, are subject to the provisions of this act, including all fees required by this act." [ 2021 c 282 § 5.]
Effective date—2021 c 282: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 1, 2021." [ 2021 c 282 § 6.]
Short title—1998 c 36: See note following RCW 15.54.265.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.330 - Commercial fertilizer registration—Application review—Labels and guarantees.

RCW 15.54.330
Commercial fertilizer registration—Application review—Labels and guarantees.
(1) The department shall examine the commercial fertilizer product registration application form and labels for conformance with the requirements of this chapter. If the application and appropriate labels are in proper form and contain the required information, the particular commercial fertilizer products shall be registered by the department and a certificate of registration shall be issued to the applicant.
(2) In reviewing the commercial fertilizer product registration application, the department may consider experimental data, manufacturers' evaluations, data from agricultural experiment stations, product review evaluations, or other authoritative sources to substantiate labeling claims. The data shall be from statistically designed and analyzed trials representative of the soil, crops, and climatic conditions found in the northwestern area of the United States.
(3) In determining whether approval of a labeling statement or guarantee of an ingredient is appropriate, the department may require the submission of a written statement describing the methodology of laboratory analysis utilized, the source of the ingredient material, and any reference material relied upon to support the label statement or guarantee of ingredient.
(4) Before registering a waste-derived fertilizer or micronutrient fertilizer, the department shall obtain written approval from the department of ecology as provided in RCW 15.54.820. Once a waste-derived fertilizer or micronutrient fertilizer has been approved by the department of ecology, its subsequent use in another product during that registration cycle shall not require department of ecology review. This subsection shall apply to new and renewal registration applications for periods beginning July 1, 1999, and thereafter.
[ 1999 c 383 § 2; 1998 c 36 § 5; 1993 c 183 § 4; 1967 ex.s. c 22 § 21.]
NOTES:
Effective date—1999 c 383: See note following RCW 15.54.325.
Short title—1998 c 36: See note following RCW 15.54.265.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.340 - Labeling requirements.

RCW 15.54.340
Labeling requirements.
(1) Any packaged commercial fertilizer distributed in this state that is not a customer-formula fertilizer must have placed on or affixed to the package a label stating in clearly legible and conspicuous form the following information:
(a) The net weight;
(b) The product name, brand, and grade. The grade is not required if no primary nutrients are claimed;
(c) The guaranteed analysis;
(d) The name and address of the registrant or licensee. The name and address of the manufacturer, if different from the registrant or licensee, may also be stated;
(e) Any information required under WAC 296-307-560 through 296-307-56050;
(f) A statement, established by rule, referring persons to the department's Uniform Resource Locator (URL) internet address where data regarding the metals content of the product is located; and
(g) Other information as required by the department by rule.
(2) Any commercial fertilizer that is distributed in bulk in this state that is not a customer-formula fertilizer must be accompanied by a written or printed statement that includes the information required by subsection (1) of this section and must be supplied to the purchaser at the time of delivery.
(3) Each delivery of a customer-formula fertilizer in this state must be accompanied by either a statement, invoice, a delivery slip, or a label if bagged, containing the following information: The net weight; the brand; the name and amount of each ingredient; the guaranteed analysis which may be stated to the nearest tenth of a percent or to the next lower whole number; the name and address of the registrant or licensee, or manufacturer, or both; and the name and address of the purchaser.
(4) Each delivery of a customer-formula fertilizer must contain the ingredients specified by the purchaser. A record of the invoice or statement of each delivery must be kept by the registrant or licensee for twelve months and must be available to the department upon request.
[ 2008 c 292 § 2; 2003 c 15 § 1; 1999 c 381 § 1; 1998 c 36 § 6; 1993 c 183 § 5; 1987 c 45 § 12; 1967 ex.s. c 22 § 22.]
NOTES:
Effective date—2003 c 15 § 1: "Section 1 of this act takes effect January 1, 2004." [ 2003 c 15 § 2.]
Effective date—1999 c 381: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999." [ 1999 c 381 § 2.]
Short title—1998 c 36: See note following RCW 15.54.265.
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.350 - Inspection fees.

RCW 15.54.350
Inspection fees.
(1) There shall be paid to the department for all commercial fertilizers distributed in this state to nonregistrants or nonlicensees an inspection fee of twenty cents per ton of lime and thirty-five cents per ton of all other commercial fertilizer distributed during the year beginning July 1st and ending June 30th.
(2) Distribution of commercial fertilizers for shipment to points outside this state may be excluded.
(3) When more than one distributor is involved in the distribution of a commercial fertilizer, the last registrant or licensee who distributes to a nonregistrant or nonlicensee is responsible for paying the inspection fee, unless the payment of fees has been made by a prior distributor of the fertilizer.
[ 2021 c 282 § 3; 1993 c 183 § 6; 1987 c 45 § 13; 1981 c 297 § 18; 1975 1st ex.s. c 257 § 9; 1967 ex.s. c 22 § 23.]
NOTES:
Application date—Effective date—2021 c 282: See notes following RCW 15.54.275.
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.
Severability—1981 c 297: See note following RCW 15.36.201.
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 15.54 - Fertilizers, Minerals, and Limes. › 15.54.370 - Official samples—Inspection, analysis, testing—Right of entry.

RCW 15.54.370
Official samples—Inspection, analysis, testing—Right of entry.
(1) It shall be the duty of the department to inspect, sample, make analysis of, and test commercial fertilizers distributed within this state at such time and place and to such an extent as it may deem necessary to determine whether such fertilizers are in compliance with the provisions of this chapter. The department is authorized to stop any commercial vehicle transporting fertilizers on the public highways and direct it to the nearest scales approved by the department to check weights of fertilizers being delivered. The department is also authorized, upon presentation of proper identification, to enter any distributor's premises, including any vehicle of transport, at all reasonable times in order to have access to commercial fertilizers and to records relating to their distribution.
(2) The methods of sampling and analysis shall be those adopted by the department from officially recognized sources.
(3) The department, in determining for administrative purposes whether a fertilizer is deficient in any component or total nutrients, shall be guided solely by the official sample as defined in RCW 15.54.270 and obtained and analyzed as provided for in this section.
(4) When the inspection and analysis of an official sample has been made, the results of analysis shall be forwarded by the department to the registrant or licensee and to the purchaser, if known. Upon request and within thirty days, the department shall furnish to the registrant or licensee a portion of the sample concerned.
(5) Analysis of an official sample by the department shall be accepted as prima facie evidence by any court of competent jurisdiction.
[ 1993 c 183 § 8; 1987 c 45 § 16; 1967 ex.s. c 22 § 25.]
NOTES:
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.380 - Penalties for deficiencies upon analysis of commercial fertilizers—Appeal—Disposition of penalties.

RCW 15.54.380
Penalties for deficiencies upon analysis of commercial fertilizers—Appeal—Disposition of penalties.
(1) If the analysis shall show that any commercial fertilizer falls short of the guaranteed analysis in any one plant nutrient or in total nutrients, penalty shall be assessed in favor of the department in accordance with the following provisions:
(a) A penalty of three times the commercial value of the deficiency, if such deficiency in any one plant nutrient is more than two percent under guarantee on any one commercial fertilizer in which that plant nutrient is guaranteed up to and including ten percent; a penalty of three times the commercial value of the deficiency, if such deficiency in any one plant nutrient is more than three percent under guarantee on any one commercial fertilizer in which that plant nutrient is guaranteed from ten and one-tenth percent to twenty percent; a penalty of three times the commercial value of the deficiency, if such deficiency in any one plant nutrient is more than four percent under guarantee on any one commercial fertilizer in which that plant nutrient is guaranteed twenty and one-tenth percent and above.
(b) A penalty of three times the commercial value of the total nutrient deficiency shall be assessed when such deficiency is more than two percent under the calculated total nutrient guarantee.
(c) When a commercial fertilizer is subject to penalty under both (a) and (b) of this subsection, only the larger penalty shall be assessed.
(2) All penalties assessed under this section on any one commercial fertilizer, represented by the sample analyzed, shall be paid to the department within three months after the date of notice from the department to the registrant or licensee. The department shall deposit the amount of the penalty into an account with the agricultural local fund.
(3) Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction for a judgment as to the justification of such penalties imposed under subsections (1) and (2) of this section.
(4) The civil penalties payable in subsections (1) and (2) of this section shall in no manner be construed as limiting the consumer's right to bring a civil action in damage against the registrant or licensee paying said civil penalties.
[ 1998 c 36 § 7; 1993 c 183 § 9; 1987 c 45 § 17; 1967 ex.s. c 22 § 26.]
NOTES:
Short title—1998 c 36: See note following RCW 15.54.265.
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.390 - Determination and publication of commercial values—Use in assessment of penalty payments.

RCW 15.54.390
Determination and publication of commercial values—Use in assessment of penalty payments.
For the purpose of determining the commercial value to be applied under the provisions of RCW 15.54.380, the department shall determine and publish the values per unit of nitrogen, available phosphoric acid, and soluble potash in commercial fertilizers in this state. The values so determined and published shall be used in determining and assessing penalty payments and shall be established by rule.
[ 1987 c 45 § 18; 1967 ex.s. c 22 § 27.]
NOTES:
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.400 - Restrictions on sale—Minimum percentages.

RCW 15.54.400
Restrictions on sale—Minimum percentages.
No superphosphate containing less than eighteen percent of available phosphoric acid may be sold or offered for sale in this state. Specialty fertilizers, except manipulated animal and vegetable manures, guaranteeing less than five percent total plant food shall contain on the label specific directions for use, and prior to registration, the department may require proof of the efficacy of the product when used as directed.
[ 1987 c 45 § 19; 1967 ex.s. c 22 § 28.]
NOTES:
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.412 - Misbranding.

RCW 15.54.412
Misbranding.
No person may distribute misbranded commercial fertilizer. A commercial fertilizer shall be deemed to be misbranded:
(1) If its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular;
(2) If it is distributed under the name of another fertilizer product;
(3) If its labeling bears any reference to registration under this chapter unless such reference is required by rule under this chapter;
(4) If any word, statement, or other information, required by this chapter or rules adopted thereunder to appear on the label or labeling, is not prominently placed thereon with such conspicuousness (as compared with other words, statements, design, or graphic matter 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; or
(5) If it purports to be or is represented as a fertilizer, or is represented as containing a plant nutrient or fertilizer unless such plant nutrient or fertilizer conforms to the definition of identity, if any, prescribed by the department by rule. In adopting such rules the department shall give due regard to commonly accepted definitions and official fertilizer terms such as those issued by the association of American plant food control officials.
[ 1987 c 45 § 20.]
NOTES:
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.414 - Adulteration.

RCW 15.54.414
Adulteration.
No person may distribute an adulterated commercial fertilizer. A commercial fertilizer is adulterated:
(1) If it contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use which may be necessary to protect plant life are not shown upon the label;
(2) If its composition falls below or differs from that which it is purported to possess by its labeling;
(3) If it contains unwanted viable seed; or
(4) If the concentration of any nonnutritive constituent in a representative sample of commercial fertilizer exceeds the maximum concentration stated on the registration application or on the label.
[ 1998 c 36 § 8; 1993 c 183 § 10; 1987 c 45 § 21.]
NOTES:
Short title—1998 c 36: See note following RCW 15.54.265.
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.420 - Unlawful acts.

RCW 15.54.420
Unlawful acts.
It shall be unlawful for any person to:
(1) Distribute an adulterated or misbranded commercial fertilizer;
(2) Fail, refuse, or neglect to place upon or attach to each package of distributed commercial fertilizer a label containing all of the information required by this chapter;
(3) Fail, refuse, or neglect to deliver to a purchaser of bulk commercial fertilizer a statement containing the information required by this chapter;
(4) Distribute a commercial fertilizer product which has not been registered with the department;
(5) Distribute bulk fertilizer without holding a license to do so;
(6) Refuse or neglect to keep and maintain records, or to make reports when and as required; or
(7) Make false or fraudulent applications, records, invoices, or reports.
[ 1998 c 36 § 9; 1993 c 183 § 11; 1987 c 45 § 22; 1967 ex.s. c 22 § 30.]
NOTES:
Short title—1998 c 36: See note following RCW 15.54.265.
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.430 - Publication of distribution information, analyses results.

RCW 15.54.430
Publication of distribution information, analyses results.
The department shall publish at least annually and in such form as it may deem proper (1) information concerning the distribution of commercial fertilizers and (2) results of analyses based on official samples as compared with the analyses guaranteed.
[ 1967 ex.s. c 22 § 31.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.433 - Fertilizer database—Public availability—Biennial report to legislature.

RCW 15.54.433
Fertilizer database—Public availability—Biennial report to legislature.
(1) The department shall maintain a fertilizer database that includes the information required for registration under RCW 15.54.325 and 15.54.330.
(2) Except for confidential information under RCW 15.54.362 regarding fertilizer tonnages distributed in the state, information in the fertilizer database must be made available to the public upon request.
(3) The department, and the department of ecology in consultation with the department of health, shall biennially prepare a report to the legislature presenting information on levels of nonnutritive substances in fertilizers and the results of any agency testing of products. The first report must be provided to the legislature by December 1, 1999.
(4) The department shall post on the internet the information contained in applications for fertilizer registration.
[ 2008 c 292 § 4; 1998 c 36 § 21.]
NOTES:
Short title—1998 c 36: See note following RCW 15.54.265.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.436 - Cancellation of license to distribute or of registration—Refusal to register if fraudulent or deceptive practices used—Opportunity for hearing.

RCW 15.54.436
Cancellation of license to distribute or of registration—Refusal to register if fraudulent or deceptive practices used—Opportunity for hearing.
The department may cancel the license to distribute commercial fertilizer or registration of any commercial fertilizer product or refuse to license a distributor or register any commercial fertilizer product as provided in this chapter due to:
(1) An incomplete or insufficient license or registration application;
(2) The misbranding or adulteration of a commercial fertilizer; or
(3) A violation of this chapter or rules adopted under this chapter.
If the department cancels or refuses to renew an existing license or registration due to the misbranding or adulteration of a commercial fertilizer or due to a violation of this chapter or a rule adopted hereunder, the licensee/registrant or applicant may request a hearing as provided for in chapter 34.05 RCW.
[ 1998 c 36 § 10; 1993 c 183 § 12; 1987 c 45 § 24.]
NOTES:
Short title—1998 c 36: See note following RCW 15.54.265.
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.440 - "Stop sale," "stop use," or "withdrawal from distribution" order, when issued—Release—Associated costs.

RCW 15.54.440
"Stop sale," "stop use," or "withdrawal from distribution" order, when issued—Release—Associated costs.
(1) Commercial fertilizers that are not registered in Washington state or that fail to meet the Washington standards for total metals pose an emergency situation because they may contain certain metals at levels which are harmful to Washington soils and plants and may contain substances which are harmful to the public without its knowledge. Commercial fertilizers that are not registered or that fail to meet the Washington standards for total metals are subject to immediate stop sale, stop use, or withdrawal from distribution in this state and seizure, disposal, or both.
(2) The department may issue and enforce a written "stop sale," "stop use," or "withdrawal from distribution" order to the distributor, owner, or custodian of any lot of commercial fertilizer to hold the commercial fertilizer at a designated place when the department has reasonable cause to believe such fertilizer is being offered or exposed for sale in violation of any of the provisions of this chapter.
(3) The department may issue and enforce a written immediate "stop sale," "stop use," or "withdrawal from distribution" order to any distributor, owner, or custodian of commercial fertilizer in the state for any commercial fertilizer that:
(a) Is not registered in Washington state; or
(b) According to the department, fails to meet the Washington standards for total metals, as established in RCW 15.54.800 or the rules adopted under this chapter.
(4) The department shall release the commercial fertilizer stopped or withdrawn under subsection (2) or (3) of this section when the distributor, owner, or custodian has complied with the provisions of this chapter and the rules adopted under it and the department has issued a written release order. If compliance is not or cannot be obtained, the department may institute proceedings under RCW 15.54.450 or may agree in writing with the distributor, owner, or custodian of the commercial fertilizer to an alternative disposition of the commercial fertilizer.
(5) All costs associated with any "stop sale," "stop use," or "withdrawal from distribution" incurred by the distributor, owner, or custodian of a commercial fertilizer are the responsibility of the distributor, owner, or custodian.
[ 1999 c 383 § 3; 1987 c 45 § 23; 1967 ex.s. c 22 § 32.]
NOTES:
Effective date—1999 c 383: See note following RCW 15.54.325.
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.450 - Noncompliance—Seizure—Disposition—Associated costs.

RCW 15.54.450
Noncompliance—Seizure—Disposition—Associated costs.
(1) Any lot of commercial fertilizer 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 area in which the commercial fertilizer is located.
(2) Any commercial fertilizer that is not registered in the state or that fails to meet the Washington standards for total metals is subject to seizure on complaint of the department in the name of the state to Thurston county superior court or other court of competent jurisdiction.
(3) In the event the court finds, upon application by the department under subsection (1) or (2) of this section, that a commercial fertilizer violates this chapter or the rules adopted under it and orders the condemnation of the commercial fertilizer, the commercial fertilizer shall be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of the state: PROVIDED, That in no instance shall the disposition of the commercial fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial fertilizer or for permission to process or relabel the commercial fertilizer to bring it into compliance with this chapter and the rules adopted under it.
(4) All costs associated with disposal are the responsibility of the distributor, owner, or custodian of the commercial fertilizer unless such a distributor, owner, or custodian is the consumer or is a person whose role as a distributor, owner, or custodian of the fertilizer is only that of a transporter of the fertilizer. Such disposal costs shall not be the responsibility of the consumer or such a transporter of the commercial fertilizer.
[ 1999 c 383 § 4; 1967 ex.s. c 22 § 33.]
NOTES:
Effective date—1999 c 383: See note following RCW 15.54.325.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.460 - Damages from administrative action, stop sales or seizures.

RCW 15.54.460
Damages from administrative action, stop sales or seizures.
No state court shall allow the recovery of damages from administrative action taken or for stop sales or seizures under RCW 15.54.440 and 15.54.450 if the court finds that there was probable cause for such action.
[ 1967 ex.s. c 22 § 34.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.470 - Violations—Department discretion—Duty of prosecuting attorney—Injunctions.

RCW 15.54.470
Violations—Department discretion—Duty of prosecuting attorney—Injunctions.
(1) Except for violations of RCW 15.54.500, any person who violates any provision of this chapter shall be guilty of a misdemeanor, and the fines collected shall be disposed of as provided under RCW 15.54.480.
(2) Nothing in this chapter shall be considered as requiring the department to report for prosecution or to cancel the registration of a commercial fertilizer product or to stop the sale of fertilizers for violations of this chapter, when violations are of a minor character, and/or when the department believes that the public interest will be served and protected by a suitable notice of the violation in writing.
(3) It shall be the duty of each prosecuting attorney to whom any violation of this chapter 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 of this chapter for such prosecution, an opportunity shall be given the distributor to present his or her view in writing or orally to the department.
(4) 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 rule adopted under this chapter, notwithstanding the existence of any other remedy at law. Any such injunction shall be issued without bond.
[ 2011 c 73 § 3; 1998 c 36 § 11; 1993 c 183 § 13; 1967 ex.s. c 22 § 35.]
NOTES:
Effective date—2011 c 73: See note following RCW 15.54.270.
Short title—1998 c 36: See note following RCW 15.54.265.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.474 - Penalty—Failure to comply with chapter or rule.

RCW 15.54.474
Penalty—Failure to comply with chapter or rule.
Every person who fails to comply with this chapter, or any rule adopted under it, may be subjected to a civil penalty, as determined by the director, in an amount of not more than seven thousand five hundred dollars for every such violation. Each and every such violation shall be a separate and distinct offense. Every person, who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated this chapter and may be subject to the penalty provided for in this section.
[ 1998 c 36 § 12; 1987 c 45 § 10.]
NOTES:
Short title—1998 c 36: See note following RCW 15.54.265.
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.480 - Disposition of moneys.

RCW 15.54.480
Disposition of moneys.
(1) Except as provided in subsection (2) of this section, 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.
(2) Moneys collected under RCW 15.54.474 shall be deposited in the general fund.
[ 1998 c 36 § 13; 1988 c 254 § 3; 1975 1st ex.s. c 257 § 11; 1967 ex.s. c 22 § 36.]
NOTES:
Short title—1998 c 36: See note following RCW 15.54.265.
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 15.54 - Fertilizers, Minerals, and Limes. › 15.54.490 - Cooperation with other entities.

RCW 15.54.490
Cooperation with other entities.
The director 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.
[ 1967 ex.s. c 22 § 37.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.500 - Turf fertilizer—Prohibitions on application, sales, and retail display.

RCW 15.54.500
Turf fertilizer—Prohibitions on application, sales, and retail display.
(1) A person may not:
(a) Except as otherwise provided in this section, apply turf fertilizer that is labeled as containing phosphorus to turf;
(b) Apply turf fertilizer labeled as containing phosphorus to turf when the ground is frozen;
(c) Intentionally apply turf fertilizer labeled as containing phosphorus to an impervious surface;
(d) Except as otherwise provided in this section, sell turf fertilizer that is labeled as containing phosphorus; or
(e) Display turf fertilizer that is labeled as containing phosphorus in a retail store unless the turf fertilizer is also clearly labeled for a use permitted by this section.
(2) The prohibitions in this section on the application, sale, and retail display of turf fertilizer that is labeled as containing phosphorus, other than the prohibitions in subsection (1)(b) and (c) of this section, do not apply in the following instances:
(a) Application for the purpose of establishing grass or repairing damaged grass, using either seeds or sod, during the growing season in which the grass is established;
(b) Application to an area if the soil in the area is deficient in plant available phosphorus, as shown by a soil test performed no more than thirty-six months before the application; or
(c) Application to pasture, interior house plants, flower and vegetable gardens located on either public or private property, land used to grow grass for sod, or any land used for agricultural or silvicultural production.
(3) If a retailer can show proof that a product prohibited for sale under subsection (1)(d) and (e) of this section was in stock and physically in the retail location before January 1, 2012, that retail location may sell that product until it is sold out.
(4)(a) Nothing in this section:
(i) Requires the enforcement or monitoring of compliance with this section by local governments; or
(ii) Requires local governments to participate in the administration of this section, including the verification of soil tests under subsection (2)(b) of this section.
(b) A city or county may not adopt a local ordinance regarding the application or sale of turf fertilizer that is labeled as containing phosphorus that is less restrictive than this section.
[ 2011 c 73 § 2.]
NOTES:
Effective date—2011 c 73: See note following RCW 15.54.270.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.800 - Enforcement of chapter—Adoption of rules.

RCW 15.54.800
Enforcement of chapter—Adoption of rules.
(1) The director shall administer and enforce the provisions of this chapter and any rules adopted under this chapter. All authority and requirements provided for in chapter 34.05 RCW apply to this chapter in the adoption of rules.
(2) The director may adopt appropriate rules for carrying out the purpose and provisions of this chapter, including but not limited to rules providing for:
(a) Definitions of terms;
(b) Determining standards for labeling and registration of commercial fertilizers;
(c) The collection and examination of commercial fertilizers;
(d) Recordkeeping by registrants and licensees;
(e) Regulation of the use and disposal of commercial fertilizers for the protection of groundwater and surface water; and
(f) The safe handling, transportation, storage, display, and distribution of commercial fertilizers.
(3)(a) Standards are established for allowable levels of nonnutritive substances in commercial fertilizers. These standards are Canadian figures for agricultural and agri-food Canadian maximum acceptable cumulative metal additions to soil established under Trade Memorandum T-4-93 dated August 1996. Washington application rates shall be used to ensure that the maximum acceptable cumulative metal additions to soil are not exceeded.
(b) If federal or other risk-based standards are adopted or scientific peer-reviewed studies show that the standards adopted in this section are not at the appropriate level to protect human health or the environment, the department, in consultation with the departments of ecology and health, may initiate a rule making [may adopt a rule] to amend these standards.
[ 1998 c 36 § 15; 1997 c 427 § 3; 1993 c 183 § 14; 1987 c 45 § 9.]
NOTES:
Short title—1998 c 36: See note following RCW 15.54.265.
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.820 - Department of ecology—Waste-derived or micronutrient fertilizer—Standards—Written decision—Appeal of decision.

RCW 15.54.820
Department of ecology—Waste-derived or micronutrient fertilizer—Standards—Written decision—Appeal of decision.
(1) After receipt from the department of the completed application required by RCW 15.54.325, the department of ecology shall evaluate whether the use of the proposed waste-derived fertilizer or the micronutrient fertilizer as defined in RCW 15.54.270 is consistent with the following:
(a) Chapter 70A.205 RCW, the solid waste management act;
(b) Chapter 70A.300 RCW, the hazardous waste management act; and
(c) 42 U.S.C. Sec. 6901 et seq., the resource conservation and recovery act.
(2) The department of ecology shall apply the standards adopted in RCW 15.54.800. If more stringent standards apply under chapter 173-303 WAC for the same constituents, the department of ecology must use the more stringent standards.
(3) Within sixty days of receiving the completed application, the department of ecology shall advise the department as to whether the application complies with the requirements of subsections (1) and (2) of this section. In making a determination, the department of ecology shall consult with the department of health and the department of labor and industries.
(4) A party aggrieved by a decision of the department of ecology to issue a written approval under this section or to deny the issuance of such an approval may appeal the decision to the pollution control hearings board within thirty days of the decision. Review of such a decision shall be conducted in accordance with chapter 43.21B RCW. Any subsequent appeal of a decision of the hearings board shall be obtained in accordance with RCW 43.21B.180.
[ 2020 c 20 § 1003; 1998 c 36 § 16.]
NOTES:
Short title—1998 c 36: See note following RCW 15.54.265.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.910 - Prior liability preserved.

RCW 15.54.910
Prior liability preserved.
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 the effective date of this chapter.
[ 1967 ex.s. c 22 § 38.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.940 - Continuation of rules adopted pursuant to repealed sections.

RCW 15.54.940
Continuation of rules adopted pursuant to repealed sections.
The repeal of sections 15.54.010 through 15.54.250 and 15.54.900, chapter 11, Laws of 1961 and chapter 15.54 RCW and the enactment of this act shall not be deemed to have repealed any rules adopted under the provisions of sections 15.54.010 through 15.54.250 and 15.54.900, chapter 11, Laws of 1961 and chapter 15.54 RCW and in effect immediately prior to such repeal and not inconsistent with the provisions of this act. All such rules shall be considered to have been adopted under the provisions of this act.
[ 1967 ex.s. c 22 § 41.]
NOTES:
Repeal of prior law by 1967 act: "Sections 15.54.010 through 15.54.250 and section 15.54.900, chapter 11, Laws of 1961 and RCW 15.54.010 through 15.54.250 and 15.54.900 are each repealed." [ 1967 ex.s. c 22 § 43.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.54 - Fertilizers, Minerals, and Limes. › 15.54.950 - Short title.

RCW 15.54.950
Short title.
RCW 15.54.270 through 15.54.490 and 15.54.910 through 15.54.940 shall be known as the "Washington Commercial Fertilizer Act."
[ 1967 ex.s. c 22 § 42.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.020 - Declaration of public interest.

RCW 15.58.020
Declaration of public interest.
The formulation, distribution, storage, transportation, and disposal of any pesticide and the dissemination of accurate scientific information as to the proper use, or nonuse, of any pesticide, is important and vital to the maintenance of a high level of public health and welfare both immediate and future, and is hereby declared to be a business affected with the public interest. The provisions of this chapter are enacted in the exercise of the police powers of the state for the purpose of protecting the immediate and future health and welfare of the people of the state.
[ 1971 ex.s. c 190 § 2.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.045 - Disposal of unusable pesticides—Rules.

RCW 15.58.045
Disposal of unusable pesticides—Rules.
The director of agriculture may adopt rules to allow the department of agriculture to take possession and dispose of canceled, suspended, or otherwise unusable pesticides held by persons licensed under chapter 15.58 RCW or regulated under chapter 17.21 RCW. For purposes of this section, the department may become licensed as a hazardous waste generator. The department may set fees to cover expenses in connection with pesticide waste received from persons licensed under chapter 15.58 RCW.
[ 1989 c 354 § 57.]
NOTES:
Severability—1989 c 354: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.050 - Registration of pesticides—Generally.

RCW 15.58.050
Registration of pesticides—Generally.
Every pesticide which is distributed within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered with the director subject to the provisions of this chapter. However, registration is not required if: A pesticide is shipped from one plant or warehouse to another plant or warehouse operated by the same person and used solely at such plant or warehouse as a constituent part to make a pesticide which is registered under the provisions of this chapter; or a written permit has been obtained from the director to distribute or use the specific pesticide for experimental purposes subject to restrictions and conditions set forth in the permit.
[ 2002 c 274 § 1; 1989 c 380 § 3; 1971 ex.s. c 190 § 5.]
NOTES:
Effective date—Expiration date—2002 c 274: "(1) Sections 1, 2, and 4 of this act take effect January 1, 2003.
(2) Section 2 of this act expires January 1, 2004." [ 2002 c 274 § 5.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.060 - Statement for registration—Contents.

RCW 15.58.060
Statement for registration—Contents.
(1) The applicant for registration shall file a statement with the department which shall include:
(a) The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant's;
(b) The name of the pesticide;
(c) The complete formula of the pesticide, including the active and inert ingredients: PROVIDED, That confidential business information of a proprietary nature is not made available to any other person and is exempt from disclosure as a public record, as provided by RCW 42.56.070;
(d) Other necessary information required for completion of the department's application for registration form; and
(e) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including the directions and precautions for use.
(2) The director may require a full description of the tests made and the results thereof upon which the claims are based.
(3) The director may prescribe other necessary information by rule.
[ 2005 c 274 § 215; 1989 c 380 § 4; 1971 ex.s. c 190 § 6.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.065 - Protection of privileged or confidential information.

RCW 15.58.065
Protection of privileged or confidential information.
(1) In submitting data required by this chapter, the applicant may:
(a) Mark clearly any portions which in the applicant's opinion are trade secrets or commercial or financial information; and
(b) Submit such marked material separately from other material required to be submitted under this chapter.
(2) Notwithstanding any other provision of this chapter or other law, the director shall not make public information which in the director's judgment should be privileged or confidential because it contains or relates to trade secrets or commercial or financial information except that, when necessary to carry out the provisions of this chapter, information relating to unpublished formulas of products acquired by authorization of this chapter may be revealed to any state or federal agency consulted and may be revealed at a public hearing or in findings of fact issued by the director when necessary under this chapter.
(3) If the director proposes to release for inspection information which the applicant or registrant believes to be protected from disclosure under subsection (2) of this section, the director shall notify the applicant or registrant in writing, by certified mail. The director shall not thereafter make available for inspection such data until thirty days after receipt of the notice by the applicant or registrant. During this period, the applicant or registrant may institute an action in the superior court of Thurston county for a declaratory judgment as to whether such information is subject to protection under subsection (2) of this section.
[ 1989 c 380 § 5; 1979 c 146 § 4.]