reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.070 - Pesticide annual registration fee—Expiration of registrations—Deposit in agricultural local fund.

RCW 15.58.070
Pesticide annual registration fee—Expiration of registrations—Deposit in agricultural local fund.
(1) All registrations issued by the department expire December 31st of the following year except that registrations issued by the department to a registrant who is applying to register an additional pesticide during the second year of the registrant's registration period shall expire December 31st of that year.
(2) An application for registration must be accompanied by a fee of six hundred fifty dollars for each pesticide, except that a registrant who is applying to register an additional pesticide during the year the registrant's registration expires shall pay a fee of three hundred twenty-five dollars for each additional pesticide.
(3) Fees must be deposited in the agricultural local fund to support the activities of the pesticide program within the department.
(4) Any registration approved by the director and in effect on the last day of the registration period, for which a renewal application has been made and the proper fee paid, continues in full force and effect until the director notifies the applicant that the registration has been renewed, or otherwise denied in accord with the provision of RCW 15.58.110.
(5) The department must complete and post on its website a timeline for processing completed pesticide registrations.
[ 2021 c 244 § 1; 2008 c 285 § 15; 2002 c 274 § 3; (2002 c 274 § 2 expired January 1, 2004); 1997 c 242 § 2; 1995 c 374 § 66; 1994 c 46 § 1; 1989 c 380 § 6; 1983 c 95 § 2; 1971 ex.s. c 190 § 7.]
NOTES:
Effective date—2021 c 244: "This act takes effect November 1, 2021. All new or renewal applications for licensure, certification, or registration under chapter 17.21 or 15.58 RCW received on or after November 1, 2021, are subject to the provisions of this act, including all fees required by this act." [ 2021 c 244 § 16.]
Effective date—2008 c 285 §§ 15-26: "Sections 15 through 26 of this act take effect January 1, 2009." [ 2008 c 285 § 27.]
Intent—Captions not law—2008 c 285: See notes following RCW 43.22.434.
Effective date—2002 c 274 § 3: "Section 3 of this act takes effect January 1, 2004." [ 2002 c 274 § 6.]
Effective date—Expiration date—2002 c 274: See note following RCW 15.58.050.
Effective date—1997 c 242: "Sections 2, 4 through 7, 11 through 15, 17, and 22 of this act take effect January 1, 1998." [ 1997 c 242 § 23.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Effective date—1994 c 46: "Sections 1 through 20, 26, and 27 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 21, 1994]." [ 1994 c 46 § 28.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.080 - Additional fee for late registration renewal.

RCW 15.58.080
Additional fee for late registration renewal.
If the renewal of a pesticide registration or special needs registration is not filed by the day the registration expires, an additional fee of fifty dollars shall be assessed and added to the original fee. The additional fee shall be paid by the applicant before the registration renewal for that pesticide shall be issued unless the applicant furnishes an affidavit certifying that the applicant did not distribute the unregistered pesticide during the period of nonregistration. The payment of the additional fee is not a bar to any prosecution for doing business without proper registry.
[ 2002 c 274 § 4; 1994 c 46 § 2; 1989 c 380 § 7; 1983 c 95 § 3; 1971 ex.s. c 190 § 8.]
NOTES:
Effective date—Expiration date—2002 c 274: See note following RCW 15.58.050.
Effective date—1994 c 46: See note following RCW 15.58.070.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.090 - Certain agencies may register without fee—Not subject to RCW 15.58.180.

RCW 15.58.090
Certain agencies may register without fee—Not subject to RCW 15.58.180.
All federal, state, and county agencies shall register without fee all pesticides sold by them and they shall not be subject to the license provisions of RCW 15.58.180.
[ 1971 ex.s. c 190 § 9.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.100 - Criterion for registering.

RCW 15.58.100
Criterion for registering.
(1) The director shall require the information required under RCW 15.58.060 and shall register the label or labeling for such pesticide if he or she determines that:
(a) Its composition is such as to warrant the proposed claims for it;
(b) Its labeling and other material required to be submitted comply with the requirements of this chapter;
(c) It will perform its intended function without unreasonable adverse effects on the environment;
(d) When used in accordance with widespread and commonly recognized practice it will not generally cause unreasonable adverse effects on the environment;
(e) In the case of any pesticide subject to section 24(c) of FIFRA, it meets (a), (b), (c), and (d) of this subsection and the following criteria:
(i) The proposed classification for general use, for restricted use, or for both is in conformity with section 3(d) of FIFRA;
(ii) A special local need exists.
(2) The director shall not make any lack of essentiality a criterion for denying registration of any pesticide.
[ 2010 c 8 § 6066; 1979 c 146 § 2; 1971 ex.s. c 190 § 10.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.110 - Refusing or canceling registration—Procedure.

RCW 15.58.110
Refusing or canceling registration—Procedure.
(1) If it does not appear to the director that the pesticide is such as to warrant the proposed claims for it or if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of this chapter or rules adopted under this chapter, the registrant shall be notified of the manner in which the pesticide, labeling, or other material required to be submitted fails to comply with the provisions of this chapter so as to afford the applicant an opportunity to make the necessary corrections. If, upon receipt of such notice, the applicant does not make the corrections the director shall refuse to register the pesticide. The applicant may request a hearing as provided for in chapter 34.05 RCW.
(2) The director may, when the director determines that a pesticide or its labeling does not comply with the provisions of this chapter or the rules adopted under this chapter, cancel the registration of a pesticide after a hearing in accordance with the provisions of chapter 34.05 RCW.
[ 1989 c 380 § 8; 1971 ex.s. c 190 § 11.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.120 - Suspension of registration when hazard to public health.

RCW 15.58.120
Suspension of registration when hazard to public health.
The director may, when the director determines that there is or may be an imminent hazard to the public health and welfare, suspend on the director's own motion, the registration of a pesticide in conformance with the provisions of chapter 34.05 RCW.
[ 1989 c 380 § 9; 1971 ex.s. c 190 § 12.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.140 - "Adulterated" as applicable to pesticides.

RCW 15.58.140
"Adulterated" as applicable to pesticides.
The term "adulterated" shall apply to any pesticide if its strength or purity deviates from the professed standard or quality as expressed on its labeling or under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent of the pesticide has been wholly or in part abstracted, or if any contaminant is present in an amount which is determined by the director to be a hazard.
[ 1971 ex.s. c 190 § 14.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.160 - Violations of chapter—"Stop sale, use or removal" order.

RCW 15.58.160
Violations of chapter—"Stop sale, use or removal" order.
When the director has reasonable cause to believe a pesticide or device is being distributed, stored, or transported in violation of any of the provisions of this chapter, or of any of the prescribed rules under this chapter, the director may issue and serve a written "stop sale, use or removal" order upon the owner or custodian of any such pesticide or device. If the owner or custodian is not available for service of the order, the director may attach the order to the pesticide or device. The pesticide or device shall not be sold, used or removed until the provisions of this chapter have been complied with and the pesticide or device has been released in writing under conditions specified by the director, or the violation has been otherwise disposed of as provided in this chapter by a court of competent jurisdiction.
[ 1989 c 380 § 12; 1971 ex.s. c 190 § 16.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.170 - "Stop sale, use or removal" order—Adjudication.

RCW 15.58.170
"Stop sale, use or removal" order—Adjudication.
(1) After service of a "stop sale, use or removal" order is made upon any person, either that person or the director may file an action in a court of competent jurisdiction in the county in which a violation of this chapter or rules adopted under this chapter is alleged to have occurred for an adjudication of the alleged violation. The court in such action may issue temporary or permanent injunctions mandatory or restraining, and such intermediate orders as it deems necessary or advisable. The court may order condemnation of any pesticide or device which does not meet the requirements of this chapter or rules adopted under this chapter: PROVIDED, That no authority is granted hereunder to affect the sale or use of products on which legally approved pesticides have been legally used.
(2) If the pesticide or device is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court directs, and the proceeds, if such pesticide or device is sold, less cost including legal costs, shall be paid to the state treasury: PROVIDED, That the pesticide or device shall not be sold contrary to the provisions of this chapter or rules adopted under this chapter. Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the court may direct that the pesticide or device be delivered to the owner thereof for relabeling or reprocessing as the case may be.
(3) When a decree of condemnation is entered against the pesticide, court costs, fees, and storage and other proper expenses shall be awarded against the person, if any, appearing as claimant of the pesticide.
[ 1997 c 242 § 3; 1989 c 380 § 13; 1971 ex.s. c 190 § 17.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.200 - Pesticide dealer manager—License qualifications.

RCW 15.58.200
Pesticide dealer manager—License qualifications.
The director shall require each pesticide dealer manager to demonstrate to the director knowledge of pesticide laws and rules; pesticide hazards; and the safe distribution, use and application, and disposal of pesticides by satisfactorily passing a written examination after which the director shall issue a license of qualification. Application for a license must be accompanied by a fee of thirty-eight dollars. The pesticide dealer manager license expires annually on a date set by rule by the director.
[ 2021 c 244 § 3; 2008 c 285 § 17; 1997 c 242 § 5; 1992 c 170 § 2; 1991 c 109 § 38; 1989 c 380 § 15; 1981 c 297 § 19; 1971 ex.s. c 190 § 20.]
NOTES:
Effective date—2021 c 244: See note following RCW 15.58.070.
Effective date—2008 c 285 §§ 15-26: See note following RCW 15.58.070.
Intent—Captions not law—2008 c 285: See notes following RCW 43.22.434.
Effective date—1997 c 242: See note following RCW 15.58.070.
Severability—1981 c 297: See note following RCW 15.36.201.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.205 - Structural pest inspector licenses—Required—Exemptions.

RCW 15.58.205
Structural pest inspector licenses—Required—Exemptions.
(1) No individual may perform services as a structural pest inspector or advertise that they perform services of a structural pest inspector without obtaining a structural pest inspector license from the director. The license expires annually on a date set by rule by the director. Application for a license must be on a form prescribed by the director and must be accompanied by a fee of seventy-eight dollars.
(2) The following are exempt from the application fee requirement of this section when acting within the authorities of their existing licenses issued under this chapter or chapter 17.21 RCW: Licensed pest control consultants; licensed commercial pesticide applicators and operators; licensed private-commercial applicators; and licensed demonstration and research applicators.
(3) The following are exempt from the structural pest inspector licensing requirement: Individuals inspecting for damage caused by wood destroying organisms if the inspections are solely for the purpose of: (a) Repairing or making specific recommendations for the repair of the damage, or (b) assessing a monetary value for the structure inspected. Individuals performing wood destroying organism inspections that incorporate but are not limited to the activities described in (a) or (b) of this subsection are not exempt from the structural pest inspector licensing requirement.
(4) A structural pest inspector license is not valid for conducting a complete wood destroying organism inspection unless the inspector owns or is employed by a business with a structural pest inspection company license.
[ 2021 c 244 § 4; 2008 c 285 § 18; 2003 c 212 § 5.]
NOTES:
Effective date—2021 c 244: See note following RCW 15.58.070.
Effective date—2008 c 285 §§ 15-26: See note following RCW 15.58.070.
Intent—Captions not law—2008 c 285: See notes following RCW 43.22.434.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.206 - Structural pest inspector licenses—Exemption—Home inspectors.

RCW 15.58.206
Structural pest inspector licenses—Exemption—Home inspectors.
A person licensed as a home inspector under chapter 18.280 RCW is exempt from licensing as a structural pest inspector except when reporting on the identification of or damage by wood destroying insects.
[ 2008 c 119 § 23.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.207 - Structural pest inspector licenses—Examination.

RCW 15.58.207
Structural pest inspector licenses—Examination.
The director shall require each applicant for a structural pest inspector license to demonstrate to the director the applicant's knowledge of applicable laws and regulations; structural pest identification and damage; and conditions conducive to the development of wood destroying organisms by satisfactorily passing a written examination for the classifications for which the applicant has applied prior to issuing the license.
[ 2003 c 212 § 6.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.210 - Pest control consultant licenses—Required—Exemptions.

RCW 15.58.210
Pest control consultant licenses—Required—Exemptions.
(1) No individual may perform services as a pest control consultant without obtaining a license from the director. The license expires annually on a date set by rule by the director. Application for a license must be on a form prescribed by the director and must be accompanied by a fee of sixty-eight dollars.
(2) The following are exempt from the licensing requirements of this section when acting within the authorities of their existing licenses issued under chapter 17.21 RCW: Licensed commercial pesticide applicators and operators; licensed private-commercial applicators; and licensed demonstration and research applicators. The following are also exempt from the licensing requirements of this section: Employees of federal, state, county, or municipal agencies when acting in their official governmental capacities; and pesticide dealer managers and employees working under the direct supervision of the pesticide dealer manager and only at a licensed pesticide dealer's outlet.
[ 2021 c 244 § 5; 2008 c 285 § 19; 2003 c 212 § 4; 2000 c 96 § 9; 1997 c 242 § 6; 1992 c 170 § 3. Prior: 1991 c 264 § 4; 1991 c 109 § 39; 1989 c 380 § 16; 1983 c 95 § 5; 1971 ex.s. c 190 § 21.]
NOTES:
Effective date—2021 c 244: See note following RCW 15.58.070.
Effective date—2008 c 285 §§ 15-26: See note following RCW 15.58.070.
Intent—Captions not law—2008 c 285: See notes following RCW 43.22.434.
Effective date—1997 c 242: See note following RCW 15.58.070.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.220 - Public pest control consultant license.

RCW 15.58.220
Public pest control consultant license.
For the purpose of this section public pest control consultant means any individual who is employed by a governmental agency or unit to act as a pest control consultant. No person may act as a public pest control consultant without first obtaining a license from the director. The license expires annually on a date set by rule by the director. Application for a license must be on a form prescribed by the director and must be accompanied by a fee of forty-three dollars. Federal and state employees whose principal responsibilities are in pesticide research, the jurisdictional health officer or a duly authorized representative, public pest control consultants licensed and working in the health vector field, and public operators licensed under RCW 17.21.220 shall be exempt from this licensing provision.
[ 2021 c 244 § 6; 2008 c 285 § 20; 1997 c 242 § 7; 1991 c 109 § 40; 1989 c 380 § 17; 1986 c 203 § 4; 1981 c 297 § 20; 1971 ex.s. c 190 § 22.]
NOTES:
Effective date—2021 c 244: See note following RCW 15.58.070.
Effective date—2008 c 285 §§ 15-26: See note following RCW 15.58.070.
Intent—Captions not law—2008 c 285: See notes following RCW 43.22.434.
Effective date—1997 c 242: See note following RCW 15.58.070.
Severability—1981 c 297: See note following RCW 15.36.201.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.230 - Consultant's license—Requirements.

RCW 15.58.230
Consultant's license—Requirements.
The director shall require each applicant for a pest control consultant's license or a public pest control consultant's license to demonstrate to the director the applicant's knowledge of pesticide laws and regulations; pesticide hazards; and the safe distribution, use and application, and disposal of pesticides by satisfactorily passing a written examination for the classifications for which the applicant has applied prior to issuing the license.
[ 1989 c 380 § 18; 1971 ex.s. c 190 § 23.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.233 - Renewal of licenses—Recertification standards.

RCW 15.58.233
Renewal of licenses—Recertification standards.
(1) The director may renew any license issued under this chapter subject to the recertification standards identified in subsection (2) of this section or an examination requiring new knowledge that may be required to perform in those areas licensed.
(2) Except as provided in subsection (3) of this section, all individuals licensed under this chapter shall meet the recertification standards identified in (a) or (b) of this subsection, every five years, in order to qualify for continuing licensure.
(a) Individuals licensed under this chapter may qualify for continued licensure through accumulation of recertification credits. Individuals licensed under this chapter shall accumulate a minimum of forty department-approved credits every five years with no more than fifteen credits allowed per year.
(b) Individuals licensed under this chapter may qualify for continued licensure through meeting the examination requirements necessary to become licensed in those areas in which the licensee operates.
(3) At the termination of a licensee's five-year recertification period, the director shall waive the recertification requirements if the licensee can demonstrate that he or she is meeting comparable recertification standards through:
(a) Another state or jurisdiction;
(b) A government agency plan that has been approved by the federal environmental protection agency; or
(c) A private entity that has been approved by the department. The department shall confer with private entities offering continuing education programs that include pest management credit accreditation and accumulation to develop an effective and efficient system to coordinate pest management credit accounting. The pest management credit accounting system must accord with the goals and other requirements of the department's pesticide license recertification program and this chapter. If the department and the private entity or entities agree on the substantive provisions of the system, the department shall develop an implementation strategy for private entities pursuing pesticide credit reciprocity. The department shall submit a report to the legislature on its collaborative efforts, pest management credit accounting system, and implementation strategy by December 31, 2015.
[ 2015 c 184 § 1; 2003 c 212 § 7; 2000 c 96 § 7; 1997 c 242 § 10.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.235 - Renewal of licenses—Delinquency.

RCW 15.58.235
Renewal of licenses—Delinquency.
(1) If an application for renewal of a pesticide dealer license is not filed on or before the business license expiration date, the business license delinquency fee must be assessed under chapter 19.02 RCW and must be paid by the applicant before the renewal license is issued.
(2) If application for renewal of any license provided for in this chapter other than the pesticide dealer license is not filed on or before the expiration date of the license, a penalty equivalent to the license fee must be assessed and added to the original fee, and must be paid by the applicant before the renewal license is issued. However, such penalty does not apply if the applicant furnishes an affidavit certifying that he or she has not acted as a licensee subsequent to the expiration of the license.
(3) Any license for which a renewal application has been made, all other requirements have been met, and the proper fee paid, continues in full force and effect until the director notifies the applicant that the license has been renewed or the application has been denied.
[ 2013 c 144 § 11; 1989 c 380 § 19.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.240 - Classification of licenses—Examinations—Fees.

RCW 15.58.240
Classification of licenses—Examinations—Fees.
The director may classify licenses to be issued under the provisions of this chapter. Such classifications may include but not be limited to agricultural crops, ornamentals, or noncrop land herbicides. If the licensee has a classified license the licensee shall be limited to practicing within these classifications. Each such classification shall be subject to separate testing procedures and requirements: PROVIDED, That no person shall be required to pay an additional license fee if the person desires to be licensed in one or all of the license classifications provided for by the director under the authority of this section. The director may charge examination fees established by the director by rule. The director may administer or contract with a public or private third-party entity to administer any or all parts of either the examination or the collection of examination fees, or both. Examinations administered by third-party entities must be the same as the examination that would otherwise be administered by the department. The department may direct that the applicant pay the fees to the third-party entity in accordance with department rules governing third-party examinations and fees. The director may renew any applicant's license under the classification for which the applicant is licensed, subject to reexamination or other recertification standards as determined by the director when deemed necessary because new knowledge or new classifications are required to carry out the responsibilities of the licensee.
[ 2020 c 180 § 2; 1989 c 380 § 20; 1986 c 203 § 5; 1971 ex.s. c 190 § 24.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.250 - Recordkeeping requirements.

RCW 15.58.250
Recordkeeping requirements.
Any person issued a license or permit under the provisions of this chapter may be required by the director to keep accurate records on a form prescribed by the director which may contain the following information:
(1) The delivery, movement or holding of any pesticide or device, including the quantity;
(2) The date of shipment and receipt;
(3) The name of consignor and consignee; and
(4) Any other information, necessary for the enforcement of this chapter, as prescribed by the director.
The director shall have access to such records at any reasonable time to copy or make copies of such records for the purpose of carrying out the provisions of this chapter.
[ 1989 c 380 § 22; 1971 ex.s. c 190 § 25.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.260 - Civil penalties and/or denial, suspension, or revocation of license, registration or permit.

RCW 15.58.260
Civil penalties and/or denial, suspension, or revocation of license, registration or permit.
The director is authorized to impose a civil penalty and/or deny, suspend, or revoke any license, registration or permit provided for in this chapter subject to a hearing and in conformance with the provisions of chapter 34.05 RCW (Administrative Procedure Act) in any case in which the director finds there has been a failure or refusal to comply with the provisions of this chapter or rules adopted under this chapter.
[ 1989 c 380 § 23; 1985 c 158 § 2; 1971 ex.s. c 190 § 26.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.270 - Subpoenas—Witness fees.

RCW 15.58.270
Subpoenas—Witness fees.
The director may issue subpoenas to compel the attendance of witnesses and/or production of books, documents and records in the county in which the person licensed under this chapter resides in any hearing affecting the authority or privilege granted by a license, registration or permit issued under the provisions of this chapter. Witnesses shall be entitled to fees for attendance and travel, as provided for in chapter 2.40 RCW as enacted or hereafter amended.
[ 1971 ex.s. c 190 § 27.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.280 - Sampling and examination of pesticides or devices—Procedure when criminal proceedings contemplated.

RCW 15.58.280
Sampling and examination of pesticides or devices—Procedure when criminal proceedings contemplated.
The sampling and examination of pesticides or devices shall be made under the direction of the director for the purpose of determining whether or not they comply with the requirements of this chapter. The director is 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 pesticides or devices. If it appears from such examination that a pesticide or device fails to comply with the provisions of this chapter or rules adopted under this chapter, and the director contemplates instituting criminal proceedings against any person, the director shall cause notice to be given to such person. Any person so notified shall be given an opportunity to present his or her views, either orally or in writing, with regard to the contemplated proceedings. If thereafter in the opinion of the director it appears that the provisions of this chapter or rules adopted under this chapter have been violated by such person, the director shall refer a copy of the results of the analysis or the examination of such pesticide or device to the prosecuting attorney for the county in which the violation occurred.
[ 2010 c 8 § 6067; 1989 c 380 § 24; 1971 ex.s. c 190 § 28.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.290 - Minor violations, warning notice in writing.

RCW 15.58.290
Minor violations, warning notice in writing.
Nothing in this chapter shall be construed as requiring the director to report for prosecution or for the institution of condemnation proceedings minor violations of this chapter when the director believes that the public interest will be best served by a suitable notice of warning in writing.
[ 1989 c 380 § 25; 1971 ex.s. c 190 § 29.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.300 - Persons exempted from certain penalties under RCW 15.58.150.

RCW 15.58.300
Persons exempted from certain penalties under RCW 15.58.150.
The penalties provided for violations of RCW 15.58.150(1)(a), (b), (c), (d), and (e) shall not apply to:
(1) Any carrier while lawfully engaged in transporting a pesticide within the state, if such carrier, upon request, permits the director to copy all records showing the transaction in and movement of the articles.
(2) Public officials of the state and the federal government engaged in the performance of their official duties.
(3) The manufacturer or shipper of a pesticide for experimental use only by or under the supervision of an agency of this state or of the federal government authorized by law to conduct research in the field of pesticides.
[ 1971 ex.s. c 190 § 30.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.310 - Pesticides for foreign export not in violation of chapter.

RCW 15.58.310
Pesticides for foreign export not in violation of chapter.
No pesticides shall be deemed in violation of this chapter when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of this chapter shall apply.
[ 1971 ex.s. c 190 § 31.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.320 - Certain pharmacists exempted from licensing provisions.

RCW 15.58.320
Certain pharmacists exempted from licensing provisions.
The license provisions of this chapter shall not apply to any pharmacist who is licensed pursuant to chapter 18.64 RCW and does not distribute any pesticide required to be registered under the provisions of this chapter.
[ 1971 ex.s. c 190 § 32.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.330 - Violation of chapter—Misdemeanor.

RCW 15.58.330
Violation of chapter—Misdemeanor.
Any person violating any provisions of this chapter or rules adopted under this chapter is guilty of a misdemeanor.
[ 1989 c 380 § 26; 1971 ex.s. c 190 § 33.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.335 - Civil penalty.

RCW 15.58.335
Civil penalty.
Every person who fails to comply with this chapter or the rules adopted under it may be subjected to a civil penalty, as determined by the director, in an amount of not more than 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 section and may be subject to the civil penalty herein provided.
[ 1989 c 380 § 27; 1985 c 158 § 1.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.340 - Injunction.

RCW 15.58.340
Injunction.
The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any rule made pursuant to this chapter in a court of competent jurisdiction of the county in which such violation occurs or is about to occur.
[ 1989 c 380 § 28; 1971 ex.s. c 190 § 34.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.345 - Damages—Civil action not precluded.

RCW 15.58.345
Damages—Civil action not precluded.
Nothing in this chapter shall preclude any person aggrieved by a violation of this chapter from bringing suit in a court of competent jurisdiction for damages arising from the violation.
[ 1989 c 380 § 29.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.350 - Persons charged with enforcement barred from interest in pesticides, devices.

RCW 15.58.350
Persons charged with enforcement barred from interest in pesticides, devices.
No person charged with the enforcement of any provision of this chapter shall be directly or indirectly interested in the sale, manufacture or distribution of any pesticide or device.
[ 1971 ex.s. c 190 § 35.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.360 - No recovery of damages when probable cause.

RCW 15.58.360
No recovery of damages when probable cause.
No state court shall allow the recovery of damages from administrative action taken or for "stop sale, use or removal" if the court finds that there was probable cause for such action.
[ 1971 ex.s. c 190 § 36.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.400 - Cooperation and agreements with other agencies.

RCW 15.58.400
Cooperation and agreements with other agencies.
The director is authorized to cooperate with and enter into agreements with any other agency of the state, the United States, and any other state or agency thereof for the purpose of carrying out the provisions of this chapter and securing uniformity of regulation.
[ 1971 ex.s. c 190 § 40.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.405 - Emergency situations—Special local needs—Experimental use permits.

RCW 15.58.405
Emergency situations—Special local needs—Experimental use permits.
For the purpose of exercising the authority granted to the state under the provisions of FIFRA, the director may:
(1) Meet emergency conditions in this state by applying for an exemption from any provision of FIFRA as provided for by section 18 of that act. If such exemption is granted by the administrator of EPA the director may carry out and enforce the requirements and conditions of the exemption;
(2) Comply with the requirements necessary to issue special local needs registration under section 24(c) of FIFRA; and
(3) Comply with the requirements necessary to issue experimental use permits under section 5(f) of FIFRA.
[ 1979 c 146 § 5.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.411 - Use of license fees—Pesticide safety education program—Deposit of money collected for civil penalties.

RCW 15.58.411
Use of license fees—Pesticide safety education program—Deposit of money collected for civil penalties.
(1) Except as otherwise provided for in this section, all license fees collected under this chapter shall be paid to the director for use exclusively in the enforcement of this chapter.
(2) In addition to any other fees the department may collect under this chapter, the department shall collect a fee of seven dollars for each license issued by the department under this chapter. The department shall transmit the seven dollar fee required by this subsection to Washington State University for the purpose of providing a pesticide safety education program to educate and train pesticide licensees and prospective licensees.
(3) The department shall engage with the regulated community on the status of license fees established in this chapter, including consideration of future increases, in coordination with a stakeholder work group.
(4) All moneys collected for civil penalties levied under this chapter shall be deposited in the state general fund.
[ 2021 c 244 § 7; 1997 c 242 § 8; 1995 c 374 § 67.]
NOTES:
Effective date—2021 c 244: See note following RCW 15.58.070.
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.420 - Report to legislature.

RCW 15.58.420
Report to legislature.
By February 1st of each year the department shall report to the appropriate committees of the house of representatives and the senate on the activities of the department under this chapter. The report shall include, at a minimum, a review of the department's enforcement activities, with the number of cases investigated and the number and amount of civil penalties assessed.
[ 1997 c 242 § 9; 1989 c 380 § 30.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.445 - Wood destroying organism inspections—License required.

RCW 15.58.445
Wood destroying organism inspections—License required.
It is unlawful for any business to conduct complete wood destroying organism inspections without having obtained a company license from the director. Application for a structural pest inspection company license must be on a form prescribed by the director. The application must include the following information:
(1) The full name of the individual applying for such license;
(2) The full name of the company that employs structural pest inspectors;
(3) The physical and mailing addresses of the company, and the telephone and facsimile numbers, if available;
(4) A list of the names of the structural pest inspectors who are employed by the company;
(5) The unique business identifier for the company; and
(6) Any other necessary information prescribed by the director.
Any changes to the information on the prescribed structural pest inspection company license form shall be reported by the company to the department within thirty days of the change.
[ 2003 c 212 § 8.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.450 - Wood destroying organism inspection report—Unique inspection control number required.

RCW 15.58.450
Wood destroying organism inspection report—Unique inspection control number required.
It is unlawful for any person to issue a wood destroying organism inspection report, prepared in conjunction with the transfer, exchange, or refinancing of any structure, without recording a unique inspection control number on the wood destroying organism inspection report. All wood destroying organism inspection reports completed by the same inspector, relating to a single transfer, exchange, or refinance, shall bear the same unique inspection control number. The responsibility to record the unique inspection control number on the report under this section lies solely with the person issuing the wood destroying organism inspection report.
[ 2000 c 96 § 2.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.460 - Structural pest inspector—Evidence of financial responsibility required—Exemptions.

RCW 15.58.460
Structural pest inspector—Evidence of financial responsibility required—Exemptions.
(1) The director shall not issue a license to any individual who intends to act as a structural pest inspector until evidence of financial responsibility, required and described in subsection (2) of this section, is furnished by the applicant or the business employing the applicant. Licensed commercial applicators that have met the requirements of RCW 17.21.160 and their licensed commercial operator employees are exempt from this financial responsibility requirement when performing specific wood destroying organism inspections. Public employees licensed to perform structural pest inspections are exempt from this licensing requirement when acting within their official capacities.
(2) Evidence of financial responsibility, consisting of one of the following, must be provided and maintained as a condition of licensure:
(a) An errors and omissions insurance policy, the amount and terms of which are consistent with the requirements of RCW 15.58.465(1)(a);
(b) A surety bond, the amounts and terms of which are consistent with the requirements of RCW 15.58.465(1)(b);
(c) A surety bond and an errors and omissions insurance policy, the amount and terms of which are consistent with the requirements of RCW 15.58.465(1)(c);
(d) An assigned account, the amount and terms of which are consistent with the requirements of RCW 15.58.465(1)(d);
(e) Any other type of evidence of financial responsibility identified by the director by rule that provides coverage equivalent to that provided by any of (a) through (d) of this subsection.
(3) Evidence of financial responsibility must be supplied to the department on a financial responsibility insurance certificate, surety bond form, assigned account form, or other form prescribed by the director with regard to evidence provided under subsection (2)(e) of this section.
[ 2003 c 212 § 9; 2000 c 96 § 3.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.470 - Structural pest inspector—Failure to meet financial responsibility requirements.

RCW 15.58.470
Structural pest inspector—Failure to meet financial responsibility requirements.
Whenever the form of evidence of financial responsibility for a structural pest inspector license is reduced below the requirements of RCW 15.58.465 or no longer applies to the structural pest inspector, or whenever the licensee or the business that employs the licensee has failed to provide evidence of financial responsibility as required by RCW 15.58.460 by the expiration date of any previous form of evidence of financial responsibility, the director shall immediately suspend the structural pest inspector license until the requirements of RCW 15.58.465 are met again.
[ 2003 c 212 § 11; 2000 c 96 § 5.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.480 - Educational materials regarding best practices for avoiding adverse effects from pesticides on pollinating insects.

RCW 15.58.480
Educational materials regarding best practices for avoiding adverse effects from pesticides on pollinating insects.
The department must develop educational materials regarding the best practices for avoiding adverse effects from pesticides on populations of bees, honey bees, and other pollinating insects. The educational materials must include, but not be limited to, measures that anyone applying pesticides can take to protect bees, honey bees, and other pollinating insects. The department must design requirements to ensure that any pesticide applicator applying or supervising the application of a restricted-use pesticide is highly knowledgeable regarding alternatives to, the appropriateness of, and precautions for, the use of restricted-use pesticides that may be injurious to the health of bees, honey bees, and other pollinating insects.
[ 2019 c 353 § 13.]
NOTES:
Findings—Intent—2019 c 353: See note following RCW 43.23.300.
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.910 - Continuation of rules adopted pursuant to repealed sections.

RCW 15.58.910
Continuation of rules adopted pursuant to repealed sections.
The repeal of RCW 15.57.010 through 15.57.930 and the enactment of this chapter shall not be deemed to have repealed any rules adopted under the provisions of RCW 15.57.010 through 15.57.930 in effect immediately prior to such repeal and not inconsistent with the provisions of this chapter. All such rules shall be considered to have been adopted under the provisions of this chapter.
[ 1989 c 380 § 31; 1971 ex.s. c 190 § 43.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.58 - Washington Pesticide Control Act. › 15.58.920 - Existing liabilities not affected.

RCW 15.58.920
Existing liabilities not affected.
The enactment of this chapter shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence on the date this chapter becomes effective.
[ 1971 ex.s. c 190 § 44.]
2023 Revised Code of Washington › Title 15 - Agriculture and Marketing › Chapter 15.60 - Apiaries. › 15.60.005 - Definitions.

RCW 15.60.005
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(1) "Department" means the department of agriculture of the state of Washington.
(2) "Director" means the director of the state department of agriculture or the director's authorized representative.
(3) "Apiary" means a site where hives of bees or hives are kept or found.
(4) "Apiarist" means any person who owns bees or is a keeper of bees in Washington.
(5) "Bees" means adult insects, eggs, larvae, pupae, or other immature stages of the species Apis mellifera.
(6) "Colony" refers to a natural group of bees having a queen or queens.
(7) "Hive" means a manufactured receptacle or container prepared for the use of bees, that includes movable frames, combs, and substances deposited into the hive by bees.
(8) "Person" means a natural person, individual, firm, partnership, company, society, association, corporation or every officer, agent, or employee of one of these entities.
(9) "Broker" means a person who is engaged in pollinating agricultural crops for a fee using hives that are owned by another person.
[ 2000 c 100 § 1; 1994 c 178 § 1; 1993 c 89 § 1; 1988 c 4 § 1; 1977 ex.s. c 362 § 1; 1961 c 11 § 15.60.005. Prior: 1955 c 271 § 1.]