reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.030 - Duty to disinfect, destroy—Disposal of cuttings.

RCW 15.08.030
Duty to disinfect, destroy—Disposal of cuttings.
It is the duty of every owner, shipper, consignee, or other person in charge of fruits, vegetables, or nursery stock, and the owner, lessee, or occupant of horticultural premises, to use sufficient methods of prevention to keep said properties free from infection by pests or disease. In event any of said properties become infected it is the duty of said persons to use effective methods to control or destroy the infection by disinfection as in this chapter defined. All fruits, vegetables and nursery stock which cannot be successfully disinfected shall be promptly destroyed.
In counties where black stem rust infection occurs every owner or person in charge of premises on which barberry bushes of the rust-producing varieties are growing shall forthwith destroy such bushes.
Within forty-eight hours after removal of any cuttings or prunings from bacterially infected trees or plants infected with fruit tree leaf roller egg clusters the person removing same shall disinfect or destroy them by burning or scorching.
[ 1961 c 11 § 15.08.030. Prior: (i) 1927 c 311 § 3; 1923 c 37 § 2; 1915 c 166 § 4; RRS § 2842. (ii) 1921 c 141 § 8; 1915 c 166 § 18; RRS § 2856.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.040 - Authority to enter premises—Interference unlawful.

RCW 15.08.040
Authority to enter premises—Interference unlawful.
The director, supervisor, and horticultural inspectors are authorized to at any time enter horticultural premises and any structure where fruit, vegetables, nursery stock, or horticultural products are grown or situated for any purpose, to inspect the same for infection.
No person shall hinder or interfere with any such officer in entering or inspecting or performing any duty imposed upon him or her.
[ 2010 c 8 § 6006; 1961 c 11 § 15.08.040. Prior: 1915 c 166 § 9; RRS § 2847.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.050 - Condemnation of infected property—Disposal of, unlawful.

RCW 15.08.050
Condemnation of infected property—Disposal of, unlawful.
If the premises or property inspected is found to be infected the inspecting officer shall condemn the same and serve upon the owner or person in charge thereof a written notice of the condemnation, describing the premises or property with reasonable certainty, and ordering the infected portion to be disinfected, or to be destroyed if incapable of disinfection, within a time and in a manner stated therein, and giving notice that if the order is not complied with in the time stated, the officer will disinfect or destroy the property and charge the expense thereof to the owner or against the premises.
No person shall ship, sell, or otherwise dispose of or part with possession of, or transport, any such condemned property until all requirements of said notice and order are complied with and written permit of the inspector so to do is issued.
[ 1961 c 11 § 15.08.050. Prior: 1943 c 150 § 4, part; 1929 c 150 § 1, part; 1925 ex.s. c 108 § 1, part; 1919 c 195 § 2 1/2, part; 1915 c 166 § 10, part; Rem. Supp. 1943 § 2848, part.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.060 - Condemnation of infected property—Notice to owner—Division into classes.

RCW 15.08.060
Condemnation of infected property—Notice to owner—Division into classes.
Said notice of condemnation shall also grant permission to the owner or person in charge of infected fruit, vegetables, or nursery stock to divide the same into classes:
(1) The portion not infected;
(2) The infected portion which is capable of successful disinfection; and
(3) The infected portion which is incapable of successful disinfection and must be destroyed.
Said notice shall require the owner or person to disinfect class (2) and destroy class (3) within the time stated.
[ 1961 c 11 § 15.08.060. Prior: 1943 c 150 § 4, part; 1929 c 150 § 1, part; 1925 ex.s. c 108 § 1, part; 1919 c 195 § 2 1/2, part; 1915 c 166 § 10, part; Rem. Supp. 1943 § 2848, part.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.070 - Condemnation of infected property—Use of condemned fruit, vegetables—Permit.

RCW 15.08.070
Condemnation of infected property—Use of condemned fruit, vegetables—Permit.
In the case of fruit or vegetables which cannot be successfully disinfected the inspector may grant to the owner or person in charge thereof a written permit to use the condemned products for stock feed, or manufacture the same into by-products, or ship them to a by-product factory; and it is unlawful for the person receiving such permit to sell or dispose of such products without first having the same manufactured into a by-product or shipped to a by-product factory, or to divert any such shipment when made, or for the consignee of such shipment to sell or dispose of the same until it is manufactured into a by-product.
[ 1961 c 11 § 15.08.070. Prior: 1943 c 150 § 4, part; 1929 c 150 § 1, part; 1925 ex.s. c 108 § 1, part; 1919 c 195 § 2 1/2, part; 1915 c 166 § 10, part; Rem. Supp. 1943 § 2848, part.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.080 - Condemnation of infected property—Service of notice—Personal, constructive, substituted.

RCW 15.08.080
Condemnation of infected property—Service of notice—Personal, constructive, substituted.
Personal service of said notice shall be made upon the person in possession or in charge of said premises or property if possible. If such person is not the owner, or personal service cannot be made on such person, then a copy of the notice shall be mailed or telegraphed to the owner at his or her home or post office address if known or can with reasonable diligence be ascertained. If personal service cannot be made upon any person in possession or charge of the premises or property and the name and address of the owner thereof are not known or cannot be so ascertained, then the notice shall be served by posting the same in some conspicuous place on the premises where the property to be disinfected or destroyed is situated, which service by posting shall be construed to be constructive personal service upon such owner. If the name and address of the owner are not known or cannot be so ascertained, service upon the person in possession or charge of the premises or property shall constitute substituted personal service upon the owner, in the absence of fraud or gross neglect.
[ 2010 c 8 § 6007; 1961 c 11 § 15.08.080. Prior: 1943 c 150 § 4, part; 1929 c 150 § 1, part; 1925 ex.s. c 108 § 1, part; 1919 c 195 § 2 1/2, part; 1915 c 166 § 10, part; Rem. Supp. 1943 § 2848, part.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.090 - Condemnation of infected property—Duty to comply—Inspector's duty on failure—Lien for costs.

RCW 15.08.090
Condemnation of infected property—Duty to comply—Inspector's duty on failure—Lien for costs.
Except as hereinabove provided, upon service of said notice the owner or person in possession or charge of the premises or property shall comply with its terms within the time specified. In case of their failure so to do, the inspector may enter the premises and perform or cause to be performed the services required in the notice. He or she shall keep an accurate account of the expense of performing said services, which shall become a lien on the premises or property which may be foreclosed in the manner herein provided. The lien on personal property shall have preference over all other liens.
If the inspector has not disinfected or destroyed the property it may be declared a nuisance as herein provided and treated as such.
[ 2010 c 8 § 6008; 1961 c 11 § 15.08.090. Prior: (i) 1943 c 150 § 4, part; 1929 c 150 § 1, part; 1925 ex.s. c 108 § 1, part; 1919 c 195 § 2 1/2, part; 1915 c 166 § 10, part; Rem. Supp. 1943 § 2848, part. (ii) 1943 c 150 § 5; 1935 c 168 § 4; 1931 c 27 § 2; 1927 c 311 § 4; 1915 c 166 § 11; Rem. Supp. 1943 § 2849.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.100 - Foreclosure of lien—Sale—Notice of impounding—Contents.

RCW 15.08.100
Foreclosure of lien—Sale—Notice of impounding—Contents.
The officer disinfecting personal property may enforce the lien thereon provided for in RCW 15.08.090 by impounding and selling the property. He or she shall give notice of the impounding and proposed sale by posting a written notice in a conspicuous place upon the premises where the property is impounded and serve said notice upon the owner or person in charge of the property in the manner provided for service of notice to disinfect in RCW 15.08.080. Said notice shall state that the property, describing it with reasonable certainty, has been impounded, where it is situated, the amount of costs and expenses charged against it, and that unless same are paid within a specified time the property will be sold to satisfy said charges, accrued transportation and storage charges, if any, and costs of sale. Said specified time shall not be less than ten days after giving of the notice, except that immediate sale may be made of perishable fruits or vegetables.
[ 2010 c 8 § 6009; 1961 c 11 § 15.08.100. Prior: 1915 c 166 § 12, part; RRS § 2850, part.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.110 - Sale proceeds—Deficiency—Action to recover.

RCW 15.08.110
Sale proceeds—Deficiency—Action to recover.
Such sales may be either at public auction or private sale, whichever, in the sound discretion of the officer, will be to the best interests of the state and owner of the property. The proceeds thereof shall be applied to payment of: First, costs of sale; second, expenses of disinfection; third, accrued transportation and storage charges. The balance, if any, shall be paid to the owner.
Should such proceeds be insufficient to pay the costs of sale and expenses of disinfection, the deficiency may be recovered from the owner or person in charge in an action brought in the name of the state on the relation of the director by the prosecuting attorney of the county when directed to do so by the attorney general.
[ 1961 c 11 § 15.08.110. Prior: 1915 c 166 § 12, part; RRS § 2850, part.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.120 - Record of proceedings—Verified copy as evidence.

RCW 15.08.120
Record of proceedings—Verified copy as evidence.
The inspector shall make and sign a record of the proceedings, stating the name of the owner or reputed owner of the property, if known; location of the property, date of inspection and the results thereof; date and manner of giving notice to disinfect; failure to disinfect; disinfection by the inspector; the cost thereof in detail; date and manner of giving notice of impounding and sale; date, place, and manner of sale; name of the purchaser; and amount of the proceeds and disposition thereof.
Upon demand of the owner or person in charge of the property, the inspector shall furnish him or her with a verified copy of the record, and tender him or her the balance of the proceeds. If no demand is made within thirty days of the sale, or if the tender is refused, the inspector shall file a verified copy of the record with and remit any balance of the proceeds to the director, and if it is not claimed by the owner within six months, it shall be deposited in the state treasury.
The record or a verified copy thereof shall be admissible in evidence as prima facie evidence of the truth of its contents.
[ 2010 c 8 § 6010; 1961 c 11 § 15.08.120. Prior: 1915 c 166 § 12, part; RRS § 2850, part.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.130 - Record of premises disinfected—Costs—Lien.

RCW 15.08.130
Record of premises disinfected—Costs—Lien.
The inspector disinfecting any horticultural premises shall make and sign a detailed record of the proceedings, stating the legal description of the premises; give the name of the owner or reputed owner; the date of inspection and the results thereof; date and manner of giving notice to disinfect; failure to disinfect; disinfection by the inspector; and the cost thereof in detail. If the cost is not paid within five days from the completion of the disinfecting, the inspector shall file with the auditor of the county in which the premises are situated two verified copies of the above record, and a claim of lien against the premises for the amount of the costs and therein refer to the record, which the auditor shall record as other lien claims. The auditor shall charge the same fees as are charged for filing and recording other liens.
[ 1961 c 11 § 15.08.130. Prior: 1927 c 311 § 5, part; 1921 c 141 § 5, part; 1915 c 166 § 14, part; RRS § 2852, part.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.140 - Hearing on costs—Notice—Service.

RCW 15.08.140
Hearing on costs—Notice—Service.
The county auditor shall forthwith issue warrants in payment of the labor employed in the work, and thereupon the county shall be subrogated to all rights of the laborers so paid. He or she shall fix the day for hearing on the record before the county commissioners, which shall be not less than twenty days from the date of filing. He or she shall prepare a notice directed to the owner or reputed owner of the premises of the filing of the record and claim and the hearing thereon, the time and place of the hearing and the amount of the claim. The sheriff shall serve the notice in the manner provided for service of the notice to disinfect, and file with the auditor before the hearing, his or her return of service and the amount of his or her fees, which shall be the same as for service of summons in civil proceedings.
[ 2010 c 8 § 6011; 1961 c 11 § 15.08.140. Prior: 1927 c 311 § 5, part; 1921 c 141 § 5, part; 1915 c 166 § 14, part; RRS § 2852, part.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.150 - Payment and release—Order on amount—Priority of lien.

RCW 15.08.150
Payment and release—Order on amount—Priority of lien.
If before or at the hearing the amount of the claim and the auditor's and sheriff's fees are paid to the county treasurer, he or she shall deliver to the auditor a duplicate receipt of the payment and the auditor shall cancel the lien and notify the county commissioners thereof. The treasurer shall pay the funds to the persons entitled thereto as appears from the records in the auditor's office.
If payment is not made, the auditor shall present to the board of county commissioners a verified copy of the record and claim, which shall be accepted in any proceeding as prima facie evidence of the truth of the contents thereof. The board shall receive and consider the record and claim and all sworn testimony offered, and shall enter an order fixing the amount of the claim and costs, and direct the amount paid from the current expense fund, and the auditor shall draw warrants therefor. The auditor shall record the order in his or her office as other lien claims and it shall be a lien against the premises in favor of the county, and shall bear interest at six percent per year from the date of the order.
[ 2010 c 8 § 6012; 1961 c 11 § 15.08.150. Prior: 1927 c 311 § 5, part; 1921 c 141 § 5, part; 1915 c 166 § 14, part; RRS § 2852, part.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.160 - Payment date—Cancellation of lien.

RCW 15.08.160
Payment date—Cancellation of lien.
The lien and interest may be paid on or before the first Monday in October following the entry of the order, upon presenting to the treasurer, a statement from the auditor showing the amount due. Upon payment the treasurer shall stamp the statement and file it in his or her records, and shall issue a receipt to the person making the payment, showing payment and shall deliver a duplicate to the auditor, who shall then cancel the lien.
[ 2010 c 8 § 6013; 1961 c 11 § 15.08.160. Prior: 1927 c 311 § 5, part; 1921 c 141 § 5, part; 1915 c 166 § 14, part; RRS § 2852, part.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.170 - Failure to pay—Conversion into taxes—Use.

RCW 15.08.170
Failure to pay—Conversion into taxes—Use.
If the lien and interest are not paid on or before such first Monday in October the commissioners, when levying taxes for the ensuing year, shall also levy on the premises covered by the lien, a tax for the amount of the lien and interest, together with a penalty of six percent, which tax shall be collected as other taxes for current expenses. The auditor shall then cancel the lien and note thereon that the amount thereof has been charged against the premises as taxes.
The tax shall be credited to the current expense fund and used to defray the expense of horticultural inspection and disinfection in the county, whether or not such expenditure has been included in the estimates made in the current county budget.
[ 1961 c 11 § 15.08.170. Prior: 1927 c 311 § 5, part; 1921 c 141 § 5, part; 1915 c 166 § 14, part; RRS § 2852, part.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.180 - Inspection board—Creation—Duties—Powers.

RCW 15.08.180
Inspection board—Creation—Duties—Powers.
If a horticultural inspector finds premises or property infected, he or she shall make a written report thereof to the inspector-at-large in his or her district stating the disease or infestation found, the estimated extent thereof, and whether in his or her opinion it is or will become a nuisance. Upon receipt of the report the inspector-at-large shall appoint a person residing within three miles of the said premises or property and who is a grower of horticultural products which could be infected from said premises or property, and who, with the inspector-at-large or someone delegated by him or her from his or her department, shall appoint a third person likewise a grower of agricultural products which could be so infected. Said three persons shall constitute an inspection board whose duty shall be to forthwith examine the infested premises or property so as to determine whether same or any part thereof is infested with any pest or disease named in RCW 15.08.010.
The board members shall have the same power of entry and inspection as the director, supervisor, or horticultural inspector and shall be compensated at the rate of four dollars per day to be paid from the county current expense budget for horticulture.
[ 2010 c 8 § 6014; 1961 c 11 § 15.08.180. Prior: (i) 1941 c 20 § 5; 1915 c 166 § 6; Rem. Supp. 1941 § 2849-1e. (ii) 1941 c 20 § 7, part; Rem. Supp. 1941 § 2849-1g, part.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.190 - Report of inspection—Nuisance abatement.

RCW 15.08.190
Report of inspection—Nuisance abatement.
Said board shall make a written report to the inspector-at-large of its findings, signed under oath by a majority of its members and stating:
(1) Whether said premises or a part thereof are infested,
(2) If infested, the nature and extent of infestation, and
(3) Whether the infestation constitutes a nuisance. If the report shows the premises infested and constituting a nuisance, it and the findings of the inspector, shall be transmitted forthwith to the prosecuting attorney of the county. Within five days the prosecuting attorney shall file in the superior court a petition, signed and verified by him or her, describing the premises or property, giving the names of the owners, encumbrancers and other persons interested therein, as ascertained from the county records, containing a recital of the proceedings taken under RCW 15.08.050, 15.08.060, 15.08.070, 15.08.080, 15.08.090, and 15.08.180, and praying for an order declaring the premises or property to be a nuisance. Said report of the inspection board shall be attached to the petition as an exhibit and made a part thereof.
[ 2010 c 8 § 6015; 1961 c 11 § 15.08.190. Prior: 1941 c 20 §§ 6, 7, part, 8; Rem. Supp. §§ 2849-1f, 2849-1g, part, 2849-1h.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.200 - Notice of hearing—Service—Adjournments.

RCW 15.08.200
Notice of hearing—Service—Adjournments.
A notice containing a description of the premises, stating the objects and purposes of the petition and the time and place of presentation of the petition to the court, shall be served upon every person named as interested in the premises at least five days prior to the time of presentation. Service of the notice shall be as nearly as possible in the manner provided by law for service of summons in a civil action, except that if service is had by publication the period of publication shall be two weekly publications in a newspaper published or of general circulation in the county, and the service shall be deemed completed on the expiration of fifteen days after the date of the first publication.
Proof of service may be made by affidavit of the person serving or publishing the notice and shall be filed with the clerk of the court on or before the time of presentation of the petition.
On application of any party or its own motion the court may adjourn the hearing from time to time, and may order new or further notice to be given any person whose interest may be affected.
[ 1961 c 11 § 15.08.200. Prior: (i) 1941 c 20 § 9; 1937 c 71 § 2; Rem. Supp. §2849-2. (ii) 1937 c 71 § 3; RRS § 2849-3.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.210 - Order of abatement.

RCW 15.08.210
Order of abatement.
At the hearing there must be competent proof that all parties interested in the premises or property have been duly served with said notice, and that the procedure prescribed in RCW 15.08.050, 15.08.060, 15.08.070, 15.08.080, 15.08.090, and 15.08.180 has been duly followed. The report of the inspection board shall be prima facie evidence that the premises are infested and constitute a nuisance. If there is no showing that said board acted in a capricious, arbitrary or unfair manner, the court shall accept the recommendation of said board and forthwith decree the plants, produce or property on the premises to constitute a nuisance and order the inspector-at-large of the district and the county commissioners to destroy the same, or abate the nuisance in such other manner as the court may direct.
The costs of destruction or abatement, and of the proceedings shall be taxed against the defendants therein.
[ 1961 c 11 § 15.08.210. Prior: (i) 1941 c 20 § 10; Rem. Supp. 1941 § 2849-2a. (ii) 1937 c 71 § 4; RRS § 2849-4.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.220 - Appeals—Bond for damages.

RCW 15.08.220
Appeals—Bond for damages.
An appeal may be taken from the decree by filing notice thereof not later than ten days after issuance of the decree. The appellant shall be required to file an appeal bond of not less than one thousand dollars and sufficient in amount to cover possible damages to neighboring properties due to delay in carrying out the decree.
[ 1961 c 11 § 15.08.220. Prior: 1941 c 20 §§ 11, 12; Rem. Supp. 1941 §§ 2849-2b, 2849-2c.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.230 - Disinfection of public properties.

RCW 15.08.230
Disinfection of public properties.
The director may require the governing body of counties, cities, towns and irrigation and school districts or other political subdivisions of the state to disinfect or destroy all infected trees, shrubs, or other nursery stock growing upon public property within their respective jurisdictions, or the director may disinfect or destroy such infected trees, shrubs, or other nursery stock.
[ 1981 c 296 § 6; 1961 c 11 § 15.08.230. Prior: 1915 c 166 § 19; RRS § 2857.]
NOTES:
Severability—1981 c 296: See note following RCW 15.08.010.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.240 - Dumping infected products, containers, prohibited.

RCW 15.08.240
Dumping infected products, containers, prohibited.
It shall be unlawful for a property owner or lessee to permit the piling or dumping, or for a person to pile or dump, any infected product on any property or to pile or dump infected containers where the dumping of the infected products or containers might constitute a source of infestation to horticultural products.
[ 1961 c 11 § 15.08.240. Prior: 1943 c 150 § 6; 1941 c 20 § 14; Rem. Supp. 1943 § 2849-2e.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.250 - Host-free districts—Director's duties.

RCW 15.08.250
Host-free districts—Director's duties.
Whenever the director determines that a particular pest cannot be eradicated or effectively controlled by ordinary means, or that it is impractical to eradicate or control it without the destruction in whole or in part of uninfected host plants, he or she may issue a proclamation setting out the host-free period or host-free district, or both, describing the host plant and the district wherein planting, growing, cultivating, or maintenance in any manner of any plants or products capable of continuing the particular pests is prohibited during a specified period of time and until the menace therefrom no longer exists.
[ 2010 c 8 § 6016; 1961 c 11 § 15.08.250. Prior: 1941 c 20 § 13; Rem. Supp. 1941 § 2849-2d.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.260 - Horticultural tax.

RCW 15.08.260
Horticultural tax.
At the time of making the regular annual tax levy the board of county commissioners of each county shall include a tax, to be known as the "horticultural tax," upon the taxable property of the county in an amount sufficient to meet the expense of inspecting and disinfecting nursery stock, fruits, vegetables, horticultural or agricultural products, and horticultural premises under the provisions of this title. Said tax shall be levied and collected in the same manner as are general taxes and when collected shall be placed in the county current expense fund.
[ 1961 c 11 § 15.08.260. Prior: 1919 c 195 § 3, part; 1915 c 166 § 13, part; RRS § 2851, part.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.08 - Horticultural Pests and Diseases. › 15.08.270 - Basis for estimating the tax.

RCW 15.08.270
Basis for estimating the tax.
In estimating the amount to be levied for said horticultural tax the board shall take into consideration the expense of such inspection and disinfection for the ensuing year, and the amount which will be collected under the provisions of this chapter on properties disinfected.
[ 1961 c 11 § 15.08.270. Prior: 1919 c 195 § 3, part; 1915 c 166 § 13, part; RRS § 2851, part.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.09 - Horticultural Pest and Disease Board. › 15.09.020 - Creation of board.

RCW 15.09.020
Creation of board.
Either upon receiving a petition filed by twenty-five landowners within the county or on its own motion, the board of county commissioners in order to achieve the purposes of this chapter may, following a hearing, create a horticultural pest and disease board.
[ 1969 c 113 § 2.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.09 - Horticultural Pest and Disease Board. › 15.09.030 - Members—Appointment—Terms.

RCW 15.09.030
Members—Appointment—Terms.
Each horticultural pest and disease board shall be comprised of five voting members, four of whom shall be appointed by the board of county commissioners and one of whom shall be appointed by the director. In addition, the chief county extension agent, or a county extension agent appointed by the chief agent, shall be a nonvoting member of the board.
Of the four members appointed by the board of county commissioners, one of such members shall have at least a practical knowledge of horticultural pests and diseases, and the other members shall be residents of the county, shall own land within the county and shall be engaged in the primary and commercial production of a horticultural product or products. Such appointed members shall serve a term of two years and shall serve without salary. If no such qualified candidate resides in the county, a nonresident that owns property in the county and is engaged in the primary and commercial production of a horticultural product or products may be appointed as a member of the horticultural pest and disease board.
[ 2009 c 96 § 1; 1988 c 254 § 7; 1969 c 113 § 3.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.09 - Horticultural Pest and Disease Board. › 15.09.040 - Meeting—Quorum—Officers.

RCW 15.09.040
Meeting—Quorum—Officers.
Within thirty days after the appointed seats on the horticultural pest and disease board have been filled, the board shall conduct its first meeting. A majority of the voting members of the board shall constitute a quorum for the transaction of business and shall be necessary for any action taken by the board. The board shall elect from its members a chair and such other officers as may be necessary.
[ 2010 c 8 § 6017; 1969 c 113 § 4.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.09 - Horticultural Pest and Disease Board. › 15.09.050 - Powers and duties.

RCW 15.09.050
Powers and duties.
Each horticultural pest and disease board shall have the following powers and duties:
(1) To receive complaints concerning the infection of horticultural pests and diseases on any parcel of land within the county;
(2) To inspect or cause to be inspected any parcel of land within the county for the purpose of ascertaining the presence of horticultural pests and diseases as provided by RCW 15.09.070;
(3) To order any landowner to control and prevent the spread of horticultural pests and diseases from his or her property, as provided by RCW 15.09.080;
(4) To control and prevent the spread of horticultural pests and diseases on any property within the county as provided by RCW 15.09.080, and to charge the owner for the expense of such work in accordance with RCW 15.09.080 and 15.09.090;
(5) To employ such persons and purchase such goods and machinery as the board of county commissioners may provide;
(6) To adopt, following a hearing, such rules and regulations as may be necessary for the administration of this chapter.
[ 2010 c 8 § 6018; 1969 c 113 § 5.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.09 - Horticultural Pest and Disease Board. › 15.09.055 - Contracts and agreements.

RCW 15.09.055
Contracts and agreements.
The horticultural pest and disease board may enter into contracts and agreements with federal, state, and local government agencies, Indian tribes, and any other organization to perform any duties pursuant to the identification, detection, control, or eradication of horticultural pests and diseases.
[ 2000 c 144 § 35.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.09 - Horticultural Pest and Disease Board. › 15.09.060 - Owner's duty to control pests and diseases.

RCW 15.09.060
Owner's duty to control pests and diseases.
Each owner of land containing any plant or plants shall perform or cause to be performed such acts as may be necessary to control and to prevent the spread of horticultural pests and diseases, as such pests and diseases are defined under RCW 15.08.010, as now or hereafter amended, or as such pests and diseases are defined by the director of the department of agriculture in accordance with the purpose of this chapter and with the provisions of the Administrative Procedure Act, chapter 34.05 RCW. The word "owner" as used in this section shall mean the possessor or possessors of any form of legal or equitable title to land and entitlement to possession. For purposes of liability under this chapter, the owners of land shall be jointly and severally liable.
[ 1969 c 113 § 6.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.09 - Horticultural Pest and Disease Board. › 15.09.070 - Right of entry—Search warrant.

RCW 15.09.070
Right of entry—Search warrant.
Any authorized agent or employee of the county horticultural pest and disease board may enter upon any property for the purpose of administering this chapter and any power exercisable pursuant thereto, including the taking of specimens, general inspection, and the performance of such acts as are necessary for controlling and preventing the spreading of horticultural pests and diseases. Such entry may be without the consent of the owner, and no action for trespass or damages shall lie so long as such entry and any activities connected therewith are undertaken and prosecuted with reasonable care.
Should any such employee or authorized agent of the county horticultural pest and disease board be denied access to such property where such access was sought to carry out the purpose and provisions of this chapter, the said board may apply to any court of competent jurisdiction for a search warrant authorizing access to such property for said purpose. The court may upon such application issue the search warrant for the purpose requested.
[ 1969 c 113 § 7.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.09 - Horticultural Pest and Disease Board. › 15.09.090 - Hearing on liability of owner for costs or charges—Review.

RCW 15.09.090
Hearing on liability of owner for costs or charges—Review.
Any person upon request and pursuant to the rules and regulations of the horticultural pest and disease board shall be entitled to a hearing before the board on any charge or cost for which such person is alleged to be liable under subsection (2) of RCW 15.09.080. Any determination or final action by the board shall be subject to judicial review by a proceeding in the superior court of the county where the property is situated and to any damages suffered on account of disinfection work wrongfully undertaken, but no stay or injunction shall lie to delay any such disinfection work subsequent to notice given pursuant to RCW 15.09.080.
[ 1969 c 113 § 9.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.09 - Horticultural Pest and Disease Board. › 15.09.100 - Payment of expenses and costs—Penalty—Collection.

RCW 15.09.100
Payment of expenses and costs—Penalty—Collection.
Any amount charged to the owner of land in accordance with the provisions of RCW 15.09.080 and 15.09.090 shall be paid by such owner within sixty days of the date in which he or she was billed for such amount. If payment is not made within such sixty day period, the amount of such charge, together with a ten percent penalty surcharge, shall, for purposes of collection, become a tax lien under RCW 84.60.010, as now or hereafter amended, and shall be promptly collected as such by the county treasurer: PROVIDED, That where good cause is shown the board may extend for an additional two months the time period during which payment shall be made.
[ 2010 c 8 § 6020; 1969 c 113 § 10.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.09 - Horticultural Pest and Disease Board. › 15.09.110 - Refund of charges paid.

RCW 15.09.110
Refund of charges paid.
In regard to any charge made pursuant to RCW 15.09.080, if either the horticultural pest and disease board or the superior court on judicial review disallows such charge, then any amount paid on such charge, together with any interest or penalty, shall be promptly refunded by the county from the county's current expense fund or from any other county funds available. In addition, the county shall pay six percent simple annual interest on such amount refunded.
[ 1969 c 113 § 11.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.09 - Horticultural Pest and Disease Board. › 15.09.120 - Disposition of moneys collected.

RCW 15.09.120
Disposition of moneys collected.
Any moneys collected under this chapter shall be placed in the county current expense fund together with any taxes collected pursuant to the provisions of RCW 15.08.260, as now or hereafter amended.
[ 1969 c 113 § 12.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.09 - Horticultural Pest and Disease Board. › 15.09.131 - Operating budget—Source of funds.

RCW 15.09.131
Operating budget—Source of funds.
Funding of the operating budget of a horticultural pest and disease board may be derived from any or all of the following:
(1) Moneys from the county general fund or other general revenues, as appropriated by the board of county commissioners or other county legislative authority;
(2) A horticultural tax, as authorized in RCW 15.08.260, levied by the county board of commissioners or other county legislative authority; or
(3) An assessment against all lands.
[ 2000 c 144 § 33.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.09 - Horticultural Pest and Disease Board. › 15.09.135 - Assessment—Public hearing—Rate—County review—Lien.

RCW 15.09.135
Assessment—Public hearing—Rate—County review—Lien.
(1) Prior to the levying of an assessment authorized in RCW 15.09.131, the horticultural pest and disease board shall hold a public hearing at which it will gather information to serve as a basis for classification and then classify the lands into suitable classification, including but not limited to orchard lands, range lands, dry lands, nonuse lands, forestlands, or federal lands.
(2) The board shall develop and forward to the county board of commissioners or other county legislative authority, as a proposed level of assessment for each class, an amount that seems just. The assessment rate shall be either uniform per acre in its respective class, a flat rate per parcel, or a flat rate per parcel rate plus a uniform rate per acre: PROVIDED, That if no benefits are found to accrue to a class of land, a zero assessment may be levied.
(3) The county board of commissioners or other county legislative authority, upon receipt of the proposed levels of assessment from the horticultural pest and disease board, after a hearing, shall accept or modify by resolution, or refer back to the horticultural pest and disease board for its reconsideration, all or any portion of the proposed levels of assessment.
(4) The amount of the assessment constitutes a lien against the property. The assessments shall be subject to the same provisions as those for property tax collections, as provided in RCW 84.56.020, and shall be collected by the county treasurer under the authority in RCW 84.56.035.
[ 2000 c 144 § 34.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.09 - Horticultural Pest and Disease Board. › 15.09.140 - Abolishment of board.

RCW 15.09.140
Abolishment of board.
Upon receipt of a petition signed by twenty-five landowners within the county or on its own motion, the board of county commissioners may abolish the pest and disease board following a hearing and a finding that the purposes of this chapter would not be sufficiently served by the continued existence of such board.
[ 1969 c 113 § 14.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.09 - Horticultural Pest and Disease Board. › 15.09.900 - Chapter cumulative.

RCW 15.09.900
Chapter cumulative.
The effects of the provisions of this chapter on the provisions of chapter 15.08 RCW shall be cumulative.
[ 1969 c 113 § 15.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.260 - Enforcement—Rules—Scope.

RCW 15.13.260
Enforcement—Rules—Scope. (Effective until July 1, 2030.)
The director shall enforce the provisions of this chapter and may adopt any rule necessary to carry out its purpose and provisions including but not limited to the following:
(1) The director may adopt rules establishing standards for grades and/or classifications for any horticultural plant.
(2) The director shall adopt rules for labeling or tagging horticultural plants.
(3) The director may adopt rules for the inspection and/or certification of any horticultural plant as to variety, quality, size and freedom from infestation by plant pests.
(4) The director may adopt rules for the inspection and/or certification of any Christmas tree as to freedom from infestation by plant pests.
(5) The director shall adopt rules establishing fees for nursery dealer licenses and for inspection of horticultural plants and methods of fee collection.
(6) The director may adopt rules prescribing minimum informational requirements for advertising for the sale of horticultural plants within the state.
(7) The director may adopt rules establishing categories of sales and fees for permits established in RCW 15.13.270.
(8) The director may adopt rules establishing fees for Christmas tree grower licenses and for inspection of Christmas trees and methods of fee collection.
[ 2007 c 335 § 2; 2000 c 144 § 2; 1993 c 120 § 2; 1990 c 261 § 2; 1985 c 36 § 2; 1971 ex.s. c 33 § 2.]
NOTES:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
The director shall enforce the provisions of this chapter and may adopt any rule necessary to carry out its purpose and provisions including but not limited to the following:
(1) The director may adopt rules establishing standards for grades and/or classifications for any horticultural plant.
(2) The director shall adopt rules for labeling or tagging horticultural plants.
(3) The director may adopt rules for the inspection and/or certification of any horticultural plant as to variety, quality, size and freedom from infestation by plant pests.
(4) The director shall adopt rules establishing fees for nursery dealer licenses and for inspection of horticultural plants and methods of fee collection.
(5) The director may adopt rules prescribing minimum informational requirements for advertising for the sale of horticultural plants within the state.
(6) The director may adopt rules establishing categories of sales and fees for permits established in RCW 15.13.270.
[ 2000 c 144 § 2; 1993 c 120 § 2; 1990 c 261 § 2; 1985 c 36 § 2; 1971 ex.s. c 33 § 2.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.262 - Application of administrative procedure act.

RCW 15.13.262
Application of administrative procedure act.
Chapter 34.05 RCW governs the rights, remedies, and procedures respecting the administration of this chapter, including rule making, assessment of civil penalties, emergency actions, and license suspension, revocation, or denial.
[ 2000 c 144 § 3.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.13 - Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing. › 15.13.265 - Enforcement—Access to nursery dealer premises—Inspection.

RCW 15.13.265
Enforcement—Access to nursery dealer premises—Inspection. (Effective until July 1, 2030.)
(1) The director may enter and inspect the horticultural facilities of a nursery dealer at reasonable times for the purpose of carrying out the provisions of this chapter.
(2) If the director is denied access, the director may apply to a court of competent jurisdiction for a search warrant authorizing access to the premises. The court may upon such application issue the search warrant for the purposes requested. The warrant shall be issued on probable cause. It is sufficient probable cause to show (a) the inspection is pursuant to a general administrative practice to determine compliance with this chapter or (b) the director has reason to believe that a violation of this chapter has occurred, is occurring, or may occur.
(3) Denial of access to the director to perform inspections may subject a nursery dealer or Christmas tree grower to license revocation.
[ 2007 c 335 § 3; 2000 c 144 § 4; 1993 c 120 § 7.]
NOTES:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
(1) The director may enter and inspect the horticultural facilities of a nursery dealer at reasonable times for the purpose of carrying out the provisions of this chapter.
(2) If the director is denied access, the director may apply to a court of competent jurisdiction for a search warrant authorizing access to the premises. The court may upon such application issue the search warrant for the purposes requested. The warrant shall be issued on probable cause. It is sufficient probable cause to show (a) the inspection is pursuant to a general administrative practice to determine compliance with this chapter or (b) the director has reason to believe that a violation of this chapter has occurred, is occurring, or may occur.
(3) Denial of access to the director to perform inspections may subject a nursery dealer to revocation of the nursery license.
[ 2000 c 144 § 4; 1993 c 120 § 7.]