reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-560 - Washington tree fruit research commission › Section 16-560-120 - Review of denials of public records requests

Current through Register Vol. 24-14, July 15, 2024
(1) Any person who objects to the denial of a
				request to copy or inspect public records may petition the commission for
				review of such decision by submitting a written request to the commission. The
				request shall specifically refer to the statement which constituted or
				accompanied the denial.
(2) The
				commission's executive director or designee shall immediately consider the
				matter and either affirm or reverse such denial. In any case, the request shall
				be returned with a final decision, within ten business days following receipt
				of the written request for review of the original denial.
(3) Under
				RCW
				42.56.530, if the commission denies a
				requestor access to public records because it claims the record is exempt in
				whole or in part from disclosure, the requestor may request the attorney
				general's office to review the matter.
(4) Any person may obtain court review of a
				denial of a public records request under
				RCW
				42.56.550.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-561 - Washington red raspberry commission › Section 16-561-005 - Marketing order for Washington red raspberries Policy statement

Current through Register Vol. 24-14, July 15, 2024
(1) The marketing
				of red raspberries within this state is in the public interest. It is vital to
				the continued economic well-being of the citizens of this state and their
				general welfare that its red raspberries be properly promoted by:
(a) Enabling producers of red raspberries to
				help themselves in establishing orderly, fair, sound, efficient, and unhampered
				marketing of the red raspberries they produce; and
(b) Working towards stabilizing the
				agricultural industry by increasing consumption of red raspberries within the
				state, the nation, and internationally.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-561 - Washington red raspberry commission › Section 16-561-006 - Marketing order purposes

Current through Register Vol. 24-14, July 15, 2024
This marketing order is to promote the general welfare of
				  the state and for the purpose of maintaining existing markets or creating new
				  or larger local, domestic, and foreign markets; increasing production
				  efficiency; ensuring a fair regulatory environment; or increasing per capita
				  consumption of red raspberries grown in Washington state. The Washington state
				  red raspberry commodity board is designated by the director to conduct programs
				  in accordance with chapter 15.65 RCW.
(1) To carry out the purposes of the
				marketing order, the board may provide for a program in one or more of the
				following areas:
(a) Establish plans and
				conduct programs for marketing, sales, promotion or other programs for
				maintaining present markets or creating new or larger markets for raspberries.
				Programs shall be directed toward increasing the sale of raspberries without
				reference to any particular brand or trade name and shall neither make use of
				false or unwarranted claims on behalf of raspberries nor disparage the quality,
				value, sale, or use of any other agricultural commodity. The board may also
				engage in cooperative efforts in the domestic or foreign marketing of red
				raspberries;
(b) Develop and engage
				in research for developing better and more efficient production, processing,
				irrigation, transportation, handling, or marketing of red raspberries and
				expend the necessary funds for such purposes. Insofar as practicable, such
				research shall be carried out by Washington State University, but if in the
				judgment of the board, Washington State University does not have adequate
				facilities for a particular project or if some other research agency has better
				facilities, the project may be carried out by other research agencies selected
				by the board;
(c) Conduct programs
				for the purpose of providing information and education including:
(i) Marketing information and services to
				affected producers for the verification of weights, tests, and sampling of
				quality and quantity of raspberries purchased by handlers from affected
				producers;
(ii) Information and
				services enabling producers to meet their resource conservation
				objectives;
(iii) Red
				raspberry-related education and training.
(d) Subject to the provisions of chapter
				15.65 RCW, provide information and communicate on matters pertaining to the
				production, irrigation, processing, transportation, marketing, or uses of red
				raspberries produced in Washington state to any elected official or officer or
				employee of any agency.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-561 - Washington red raspberry commission › Section 16-561-020 - Red raspberry commodity board

Current through Register Vol. 24-14, July 15, 2024
(1)
Administration.
The
				provisions of this order and the applicable provisions of chapter 15.65 RCW
				shall be administered and enforced by the board as the designee of the
				director.
(2)
Board
				membership.
(a) The board shall
				consist of seven voting members. Six members shall be affected producers
				appointed or elected as provided in this section. The director shall appoint
				one member who is neither an affected producer nor a handler to represent the
				director. The position representing the director shall be a voting
				member.
(b) Director-appointed
				producer positions on the board shall be designated as position 1, position 5,
				and position 6.
(c) Elected
				producer positions on the board shall be designated as position 2, position 3,
				and position 4.
(d) The position
				representing the director who is neither an affected producer nor a handler
				shall be designated as position 7.
(e) For the purpose of nomination,
				appointment, and election of producer members of the board, the affected area
				shall be that portion of the state of Washington located west of the summit of
				the Cascade Mountains and shall be divided into two representative districts as
				follows:
(i) District I shall have three board
				members, being positions 1, 2, and 3, and shall include the counties of
				Whatcom, Skagit, Snohomish, and King.
(ii) District II shall have one board member,
				being position 4, and shall include all western Washington counties not
				included in District I.
(iii)
				Positions 5 and 6 are designated as at-large position and may be filled from
				any western Washington county. The positions are filled in accordance with
				RCW
				15.65.250.
(f) The voting board may also appoint up to
				two additional nonvoting members to serve in an advisory capacity from among
				the crop advisors, handlers or others with expertise in the red raspberry
				industry. The voting members of the board will make these appointments at the
				first meeting of the calendar year. Advisory board member appointments are for
				a one-year period. Nonvoting advisory members may serve additional consecutive
				terms of office if reappointed by the board.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-561 - Washington red raspberry commission › Section 16-561-040 - Assessments and collections

Current through Register Vol. 24-14, July 15, 2024
(1)
Assessments.
(a) The annual
				assessment on all varieties of raspberries for the crop year just concluded
				shall be set by the board prior to October 31st. The board has the authority to
				set the rate within a range of zero to two cents per affected unit
				(pound).
(b) For the purpose of
				collecting assessments, the board may:
(i)
				Require handlers to collect producer assessments from producers whose
				production they handle, and remit the same to the board; or
(ii) Require the person subject to the
				assessment to give adequate assurance or security for its payment; or
(iii) Require in the case of assessments
				against affected units stored in frozen condition:
(A) Cold storage facilities storing the
				commodity to file information and reports with the commission regarding the
				amount of commodity in storage, the date of receipt, and the name and address
				of each such owner; and
(B) That
				the commodity not be shipped from a cold storage facility until the facility
				has been notified by the commission that the commodity owner has paid the
				commission for any assessments imposed by the marketing order.
(C) Subsequent to the first sale, no affected
				units shall be transported, carried, shipped, sold, marketed, or otherwise
				handled or disposed of until every due and payable assessment herein provided
				for has been paid and the receipt issued. The foregoing shall include all
				affected units shipped, stored, or sold, both inside and outside the
				state.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-561 - Washington red raspberry commission › Section 16-561-041 - Time-Place-Method for payment and collection of assessments

Current through Register Vol. 24-14, July 15, 2024
Effective with the growing season of 1977, the following
				  procedure is established for the reporting and paying of assessments levied
				  pursuant to
				  RCW
				  15.65.410 and WAC
				  16-561-040:
(1) All first handlers of raspberries for
				resale or for processing shall withhold the amount of the assessment from their
				remittance to growers and transmit same to the commission. Where the first
				handler does not remit proceeds to the producer, the first handler shall
				include in his bill for services the assessment due and upon payment by the
				producer shall remit same to the commission. All such assessments accumulated
				will be due and payable to the commission in four installments payable December
				1st of the current calendar year, followed by February 1st, April 1st, and
				concluding June 1st of the following calendar year. First handlers shall submit
				to the commission on or before October 1st of each year, a report listing the
				name, address, pounds handled or purchased, and amount deducted or collected
				for each producer on forms provided by the commission.
(2) All growers selling raspberries other
				than to first handlers for resale or processing, whether selling direct or
				through brokers, and including all sales at retail, shall submit to the
				commission on or before October 1st of each year, a report listing the pounds
				produced in the current harvest season on forms provided by the commission, and
				shall pay the assessment directly to the commission in four installments
				payable December 1st of the current year, followed by February 1st, April 1st,
				and concluding June 1st of the following calendar year.
(3) All growers having raspberries in cold
				storage that are not sold on September 15th of each year, shall compute the
				assessment due on such berries and pay same to the commission by September 30th
				of each year.
(4) Any assessments
				paid after the above deadlines shall be accompanied by a penalty fee of ten
				percent as provided in
				RCW
				15.65.440.
Statutory Authority:
					 Chapter
					 15.65 RCW. 86-13-012
					 (Order 1888), § 16-561-041, filed 6/6/86. Statutory Authority:
					 RCW
					 15.65.180. 83-24-028 (Order 1809), §
					 16-561-041, filed 12/1/83; Order 1, § 16-561-041, filed
					 6/3/77.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-561 - Washington red raspberry commission › Section 16-561-050 - Obligations of the board

Current through Register Vol. 24-14, July 15, 2024
Obligations incurred by the board or employee or agent
				  thereof pertaining to their performance or nonperformance or misperformance of
				  any matters or things authorized, required, or permitted them by the act or
				  this order, and any other liabilities or claims against them or any of them
				  shall be enforced in the same manner as if the whole organization under the
				  order were a corporation. No liability for the debts or actions of the board,
				  employee, or agent incurred in their official capacity under this order shall
				  exist either against the board, officers, employees, and/or agents in their
				  individual capacity, nor against the state of Washington or any subdivision or
				  instrumentality thereof nor against any other organization, administrator, or
				  board (or employee or agent thereof) established pursuant to this act or the
				  assets thereof. The board, and its agents and employees, shall not be held
				  responsible individually in any way whatsoever to any person for errors in
				  judgment, mistakes, or other acts, either of commission or omission, as
				  principal, agent, person, or employee, except for their own individual acts of
				  dishonesty or crime. No such person or employee shall be held responsible
				  individually for any act or omission of any other board, member of the board,
				  or other person. The liability of the members of the board shall be several and
				  not joint and no member shall be liable for the default of any other
				  member.
Order 1478, § 16-561-050, filed
					 7/29/76.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-561 - Washington red raspberry commission › Section 16-561-060 - Termination of the order

Current through Register Vol. 24-14, July 15, 2024
Termination shall be accomplished pursuant to
				  RCW
				  15.65.183 through
				  15.65.193.
Order 1478, § 16-561-060, filed
					 7/29/76.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-561 - Washington red raspberry commission › Section 16-561-070 - Effective time

Current through Register Vol. 24-14, July 15, 2024
The marketing order for raspberries shall become effective on
				  and after September 1, 1976.
Order 1478, § 16-561-070, filed
					 7/29/76.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-561 - Washington red raspberry commission › Section 16-561-080 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provisions hereof are declared invalid, or the
				  applicability thereof to any person, circumstances, or thing is held invalid,
				  the validity of the remainder hereof or of the applicability thereof to any
				  other person, circumstances, or thing shall not be affected
				  thereby.
Order 1478, § 16-561-080, filed
					 7/29/76.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-561 - Washington red raspberry commission › Section 16-561-100 - Purpose (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 15.04.200 and
					 15.65.380. 93-20-088 (Order 5016),
					 § 16-561-100, filed 10/5/93, effective
					 11/5/93.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-561 - Washington red raspberry commission › Section 16-561-110 - Definitions (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 15.04.200 and
					 15.65.380. 93-20-088 (Order 5016),
					 § 16-561-110, filed 10/5/93, effective
					 11/5/93.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-561 - Washington red raspberry commission › Section 16-561-120 - Promotional hosting

Current through Register Vol. 24-14, July 15, 2024
The implementation of the rules governing promotional
				  hosting expenditures for the Washington red raspberry commission shall be as
				  follows:
(1) Budget approval.
				Commission expenditures for agricultural development or trade promotion and
				promotional hosting shall be pursuant to specific budget items as approved by
				the commission at regular meetings held to review such matters.
(2) Officials and agents authorized to make
				expenditures. The following officials and agents are authorized to make
				expenditures for agricultural development or trade promotion and promotional
				hosting in accordance with the provisions of these rules:
(a) Commissioners;
(b) Administrator;
(c) Marketing director;
(d) Contractors, as specifically authorized
				by the commission.
Individual commissioners shall make promotional hosting
				  expenditures, or seek reimbursements for those expenditures, only in those
				  instances where the expenditures have been approved by the commission.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-561 - Washington red raspberry commission › Section 16-561-125 - Description of commission, address and telephone number of the Washington red raspberry commission

Current through Register Vol. 24-14, July 15, 2024
Headquartered at 204 Hawley Street, Lynden, Washington
				  98264, the Washington red raspberry commission serves Washington red raspberry
				  producers by supporting the red raspberry industry in the areas of research and
				  marketing. The telephone number is 360-354-8767.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-561 - Washington red raspberry commission › Section 16-561-130 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
(1) The
				commission's public records shall be in the charge of the public records
				officer designated by the commission. The commission or its executive director
				may appoint a temporary public records officer to serve during the absence of
				the designated records officer. The public records officer shall be responsible
				for implementing the commission's rules regarding disclosure of public records,
				coordination of staff regarding disclosure of public records, and generally
				ensuring compliance by staff with public records disclosure
				requirements.
(2) The name of the
				commission's current public records officer is on file with the office of the
				code reviser in accordance with
				RCW
				42.56.580 and is published in the
Washington State Register
.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-561 - Washington red raspberry commission › Section 16-561-135 - Requests for public records

Current through Register Vol. 24-14, July 15, 2024
(1)
				All requests for disclosure of public records must be submitted in writing
				directly to the commission's public records officer by mail to:
Washington Red Raspberry Commission
204 Hawley Street
Lynden, WA 98264
The request may also be submitted by fax to 360-354-0948 or
				  by email to info@red-raspberry.org. The written request should include:
(a) The name, address and telephone number or
				other contact information of the person requesting the records;
(b) The calendar date on which the request is
				made; and
(c) Sufficient
				information to readily identify records being requested.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-561 - Washington red raspberry commission › Section 16-561-140 - Response to public records requests

Current through Register Vol. 24-14, July 15, 2024
(1) The public records officer shall respond
				to public records requests within five business days by:
(a) Making the records available for
				inspection or copying;
(b)
				Providing a link or address for a record available on the internet under
				RCW
				42.56.520;
(c) Acknowledging receipt of the request and
				providing a reasonable estimate of the time the commission will require to
				respond to the request;
(d) Sending
				the copies to the requestor if copies are requested and payment of a deposit
				for the copies is made or terms of payment have been agreed upon; or
(e) Denying the public records request.
				Responses refusing in whole or in part the inspection of a public record shall
				include a statement of the specific exemption authorizing withholding of the
				record, or any part of the record, and a brief explanation of how the exemption
				applies to the record withheld or to any redactions in records
				produced.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-561 - Washington red raspberry commission › Section 16-561-145 - Fees-Inspection and copying

Current through Register Vol. 24-14, July 15, 2024
(1) No
				fee will be charged for the inspection of public records.
(2) Pursuant to
				RCW
				42.56.120(2), the commission
				declares for the following reasons that it would be unduly burdensome for it to
				calculate the actual costs it charges for providing copies of public records:
				Funds were not allocated for performing a study to calculate actual costs and
				the commission lacks the necessary funds to perform a study and calculations;
				staff resources are insufficient to perform a study and to calculate such
				actual costs; and a study would interfere with and disrupt other essential
				agency functions.
(3) The
				commission may charge fees for production of copies of public records
				consistent with the fee schedule established in
				RCW
				42.56.120. For all copying or duplicating
				service charges incurred, an invoice will be sent to the requestor.
				Reimbursement is payable within fifteen days of receipt of invoice payable to
				the Washington red raspberry commission. The commission may require that all
				charges be paid in advance of release of the copies of the records.
(4) The commission or its designee may waive
				any of the foregoing copying costs.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-561 - Washington red raspberry commission › Section 16-561-150 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
The commission's public records are available for disclosure
				  except as otherwise provided under chapter 42.56 RCW or any other law.
				  Requestors should be aware of the following exemptions to public disclosure
				  specific to commission records. This list is not exhaustive and other
				  exemptions may apply:
(1) Production
				or sales records required to determine assessment levels and actual assessment
				payments to the commission under chapter 15.65 RCW (reference
				RCW
				42.56.380(3) ).
(2) Financial and commercial information and
				records supplied by persons:
(a) To the
				commission for the purpose of conducting a referendum for the establishment of
				the commission; or
(b) To the
				commission under chapter 15.65 RCW with respect to domestic or export marketing
				activities or individual producer's production information (reference
				RCW
				42.56.380(5) ).
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-561 - Washington red raspberry commission › Section 16-561-155 - Review of denial of public records requests

Current through Register Vol. 24-14, July 15, 2024
(1) Any person who objects to the initial
				denial of a request to copy or inspect public records may petition the
				commission for review of such decision by submitting a written request to the
				commission. The request shall specifically refer to statement which constituted
				or accompanied the denial.
(2) The
				commission's executive director or designee shall immediately consider the
				matter and either affirm or reverse the denial within ten business days
				following the commission's receipt of the written request for review of the
				original denial.
(3) Under
				RCW
				42.56.530, if the commission denies a
				requestor access to public records because it claims the record is exempt in
				whole or in part from disclosure, the requestor may request the attorney
				general's office to review the matter.
(4) Any person may obtain court review of a
				denial of a public records request under
				RCW
				42.56.550.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-565 - Washington cranberry commission › Section 16-565-010 - Definition of terms

Current through Register Vol. 24-14, July 15, 2024
For the purpose of this marketing order:
"Act" means the Washington Agricultural Enabling Act of 1961
				  or chapter 15.65 RCW.
"Affected area" means the state of Washington.
"Affected producer" means any person who produces cranberries
				  in the state of Washington, in commercial quantities for fresh market, for
				  processing, or for sale to processors.
"Affected unit" means 100 pounds (barrel) net of
				  cranberries.
"Commercial quantity" means any cranberries produced for a
				  market, by a producer in any calendar year.
"Cranberries" means and includes all kinds, varieties, and
				  hybrids of "
vaccinium macrocarpon
" grown and marketed in the
				  state of Washington.
"Cranberry commodity board," hereinafter referred to as
				  "board," means the commodity board formed under the provisions of WAC
				  16-565-020.
"Department" means the department of agriculture of the state
				  of Washington.
"Director" means the director of agriculture of the state of
				  Washington or his duly appointed representative.
"Disclosure" means inspection or copying.
"Fiscal year" means the 12-month period beginning with
				  September 1 of any year and ending with the last day of August following, both
				  dates being inclusive.
"Handler" means any person who acts as principal or agent or
				  otherwise in processing, selling, marketing, or distributing cranberries not
				  produced by the handler.
"Order" means marketing order.
"Person" means any person, firm, association, or
				  corporation.
"Producer-handler" means any person who acts both as a
				  producer and as a handler with respect to cranberries. A producer-handler shall
				  be deemed to be a producer with respect to the cranberries which they produce
				  and a handler with respect to the cranberries which they handle, including
				  those they produced.
"Public records" include any writing containing information
				  relating to the conduct of government or the performance of any governmental or
				  proprietary function prepared, owned, used, or retained by the commission
				  regardless of physical form or characteristics.
"Sell" includes offer for sale, expose for sale, have in
				  possession for sale, exchange, barter, or trade, other than those sold retail
				  by the producer.
"Substantial portion" means five percent or
				  more.
Statutory Authority:
					 RCW
					 15.65.380. 85-15-018 (Order 1864), §
					 16-565-010, filed 7/8/85. Statutory Authority:
					 Chapter
					 15.65 RCW. 80-13-037
					 (Order 1713), § 16-565-010, filed 9/12/80, effective
					 10/13/80.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-565 - Washington cranberry commission › Section 16-565-020 - Cranberry commodity board

Current through Register Vol. 24-14, July 15, 2024
(1)
Administration.
The provisions of this order and the applicable
				provisions of the act shall be administered and enforced by the board as the
				designee of the director.
(2)
Board membership.
(a) The board
				shall consist of eight members. Seven members shall be affected producers
				elected as provided in this section. The director shall appoint one member who
				is neither an affected producer nor a handler to represent the department and
				the public.
(b) For the purpose of
				nomination and election of producer members of the board, the affected area
				shall be the state of Washington and shall be divided into three representative
				districts as follows:
District I shall have two board members, being Positions 1
				  and 2, and shall comprise that portion of Pacific County lying south of the
				  Willapa River.
District II shall have four board members, being Positions 3,
				  4, 5, and 6, and shall comprise that portion of Pacific County and that portion
				  of Grays Harbor County lying between the Willapa River and the Chehalis
				  River.
District III shall have one board member, being Position 7,
				  and shall comprise the rest of the state.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-565 - Washington cranberry commission › Section 16-565-030 - Marketing order purpose

Current through Register Vol. 24-14, July 15, 2024
The order is to promote the general welfare of the state to
				  enable producers of cranberries to help themselves develop production methods
				  and/or programs for the control of diseases, insects, weeds, and other problems
				  associated with cranberry production and to provide for the dissemination of
				  information to the affected producers.
Insofar as practicable, such research shall be carried on by
				  experiment stations of Washington State University, but if in the judgment of
				  the board, said experiment stations do not have the facilities or the staff for
				  a particular project, the project may be carried out by other researchers or
				  research agencies selected by the board.
Statutory Authority:
					 Chapter
					 15.65 RCW. 80-13-037
					 (Order 1713), § 16-565-030, filed 9/12/80, effective
					 10/13/80.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-565 - Washington cranberry commission › Section 16-565-040 - Assessments and collections

Current through Register Vol. 24-14, July 15, 2024
(1)
Assessments.
(a) The annual
				assessment on all varieties of cranberries shall be ten cents per affected unit
				(100 lbs.).
(b) For the purpose of
				collecting assessments, the board may:
(i)
				Require handlers to collect producer assessments from producers whose
				production they handle, and remit the same to the board; or
(ii) Require the person subject to the
				assessment to give adequate assurance or security for its payment.
(c) Subsequent to the first sale,
				no affected units shall be transported, carried, shipped, sold, marketed, or
				otherwise handled or disposed of until every due and payable assessment herein
				provided for has been paid and the receipt issued. The foregoing shall include
				all affected units shipped or sold, both inside and outside the
				state.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-565 - Washington cranberry commission › Section 16-565-041 - Time, place, and method for payment and collection of assessments

Current through Register Vol. 24-14, July 15, 2024
Effective with the 1981 crop, the following procedure is
				  established for the reporting and payment of assessments levied pursuant to
				  RCW
				  15.65.410 and WAC
				  16-565-040:
(1) All first handlers of cranberries for
				resale or for processing shall withhold the amount of the assessment from their
				remittance to growers and transmit same to the commission. All such assessments
				are due and payable on or before February 28 following the harvest
				period.
(2) All growers selling
				cranberries other than to first handlers for resale, including selling direct
				or through brokers, and including all sales at retail, shall pay the assessment
				directly to the commission on or before February 28 following the harvest
				period.
(3) Any assessment paid
				after the above deadline shall be accompanied by a penalty fee of ten percent
				as provided for in
				RCW
				15.65.440.
Statutory Authority:
					 RCW
					 15.65.410. 81-19-109 (Order 1, Resolution 1),
					 § 16-565-041, filed 9/22/81.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-565 - Washington cranberry commission › Section 16-565-050 - Obligations of the board

Current through Register Vol. 24-14, July 15, 2024
Obligations incurred by the board or employee or agent
				  thereof pertaining to their performance or nonperformance or misperformance of
				  any matters or things authorized, required, or permitted them by the act or
				  this order, and any other liabilities or claims against them or any of them
				  shall be enforced in the same manner as if the whole organization under the
				  order were a corporation. No liability for the debts or actions of the board,
				  employee, or agent incurred in their official capacity under this order shall
				  exist either against the board, officers, employees, and/or agents in their
				  individual capacity, nor against the state of Washington or any subdivision or
				  instrumentality thereof nor against any other organization, administrator, or
				  board (or employee or agent thereof) established pursuant to this act or the
				  assets thereof. The board, and its agents and employees, shall not be held
				  responsible individually in any way whatsoever to any person for errors in
				  judgment, mistakes, or other acts, either of commission or omission, as
				  principal, agent, person, or employee, except for their own individual acts of
				  dishonesty or crime. No such person or employee shall be held responsible
				  individually for any act or omission of any other board, member of the board,
				  or other person. The liability of the members of the board shall be several and
				  not joint and no member shall be liable for the default of any other
				  member.
Statutory Authority:
					 Chapter
					 15.65 RCW. 80-13-037
					 (Order 1713), § 16-565-050, filed 9/12/80, effective
					 10/13/80.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-565 - Washington cranberry commission › Section 16-565-060 - Termination of the order

Current through Register Vol. 24-14, July 15, 2024
The order shall be terminated if the director finds that
				  fifty-one percent by numbers and fifty-one percent by volume of production of
				  the affected producers favor or assent such dissolution. The director may
				  ascertain without compliance with
				  RCW
				  15.65.050 through
				  15.65.130 of the act whether such
				  termination is so assented to or favored whenever twenty percent by numbers and
				  twenty percent by volume of production of the affected producers file written
				  application with him for such termination. The termination shall not, however,
				  become effective until the expiration of the marketing
				  season.
Statutory Authority:
					 Chapter
					 15.65 RCW. 80-13-037
					 (Order 1713), § 16-565-060, filed 9/12/80, effective
					 10/13/80.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-565 - Washington cranberry commission › Section 16-565-070 - Separability

Current through Register Vol. 24-14, July 15, 2024
If any provisions hereof are declared invalid, or the
				  applicability thereof to any person, circumstances, or thing is held invalid,
				  the validity of the remainder hereof or of the applicability thereof to any
				  other person, circumstances, or thing shall not be affected
				  thereby.
Statutory Authority:
					 Chapter
					 15.65 RCW. 80-13-037
					 (Order 1713), § 16-565-070, filed 9/12/80, effective
					 10/13/80.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-565 - Washington cranberry commission › Section 16-565-080 - Requests for public records

Current through Register Vol. 24-14, July 15, 2024
(1) All requests
				for disclosure of public records must be submitted in writing directly to the
				commission's public records officer by mail to Washington State Cranberry
				Commission, P.O. Box 597, Grayland, Washington, 98547. The written request
				should include:
(a) The name, address and
				telephone number or other contact information of the person requesting the
				records;
(b) The calendar date on
				which the request is made; and
(c)
				Sufficient information to readily identify records being requested.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-565 - Washington cranberry commission › Section 16-565-085 - Response to public records requests

Current through Register Vol. 24-14, July 15, 2024
(1) The public records officer shall respond
				to public records requests within five business days by:
(a) Making the records available for
				inspection or copying;
(b)
				Providing a link or address for a record available on the internet under
				RCW
				42.56.520;
(c) Acknowledging receipt of the request and
				providing a reasonable estimate of the time the commission will require to
				respond to the request;
(d) Sending
				the copies to the requestor if copies are requested and payment of a deposit
				for the copies is made or terms of payment have been agreed upon; or
(e) Denying the public records request.
				Responses refusing in whole or in part the inspection of a public record shall
				include a statement of the specific exemption authorizing withholding of the
				record, or any part of the record, and a brief explanation of how the exemption
				applies to the record withheld or to any redactions in records
				produced.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-565 - Washington cranberry commission › Section 16-565-090 - Fees-Inspection and copying

Current through Register Vol. 24-14, July 15, 2024
(1) No fee will be
				charged for the inspection of public records.
(2) Pursuant to
				RCW
				42.56.120(2), the commission
				declares for the following reasons that it would be unduly burdensome for it to
				calculate the actual costs it charges for providing copies of public records:
				Funds were not allocated for performing a study to calculate actual costs and
				the commission lacks the necessary funds to perform a study and calculations;
				staff resources are insufficient to perform a study and to calculate such
				actual costs; and a study would interfere with and disrupt other essential
				agency functions.
(3) The
				commission may charge fees for production of copies of public records
				consistent with the fee schedule established in
				RCW
				42.56.120. For all copying or duplicating
				service charges incurred, an invoice will be sent to the requestor.
				Reimbursement is payable within 15 days of receipt of invoice payable to the
				Washington state cranberry commission. The commission may require that all
				charges be paid in advance of release of the copies of the records.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-565 - Washington cranberry commission › Section 16-565-095 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
The commission's public records are available for disclosure
				  except as otherwise provided under chapter 42.56 RCW or any other law.
				  Requestors should be aware of the following exemptions to public disclosure
				  specific to commission records. This list is not exhaustive and other
				  exemptions may apply:
(1) Production
				or sales records required to determine assessment levels and actual assessment
				payments to the commission under chapter 15.65 RCW (reference
				RCW
				42.56.380(3)) .
(2) Financial and commercial information and
				records supplied by persons:
(a) To the
				commission for the purpose of conducting a referendum for the establishment of
				the commission; or
(b) To the
				commission under chapter 15.65 RCW with respect to domestic or export marketing
				activities or individual producer's production information (reference
				RCW
				42.56.380(5)) .
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-565 - Washington cranberry commission › Section 16-565-100 - Review of denial of public records requests

Current through Register Vol. 24-14, July 15, 2024
(1) Any person who objects to the initial
				denial of a request to copy or inspect public records may petition the
				commission for review of such decision by submitting a written request to the
				commission. The request shall specifically refer to the statement that
				constituted or accompanied the denial.
(2) The commission's executive director or
				designee shall immediately consider the matter and either affirm or reverse the
				denial within 10 business days following the commission's receipt of the
				written request for review of the original denial.
(3) Under
				RCW
				42.56.530, if the commission denies a
				requestor access to public records because it claims the record is exempt in
				whole or in part from disclosure, the requestor may request the attorney
				general's office to review the matter.
(4) Any person may obtain court review of a
				denial of a public records request under
				RCW
				42.56.550.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-565 - Washington cranberry commission › Section 16-565-105 - Records index

Current through Register Vol. 24-14, July 15, 2024
The commission shall establish a records index, which shall
				  be made available for public review. The index includes the following
				  records:
(1) Commission authorizing
				statute;
(2) Commission marketing
				order;
(3) Minutes of commission
				meetings;
(4) Commission board
				roster; and
(5) List of research
				projects.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-573 - Oilseeds commission › Section 16-573-005 - Marketing order for Washington oilseedsPolicy statement

Current through Register Vol. 24-14, July 15, 2024
(1) The marketing of canola, rapeseed, and
				mustard (oilseeds) within this state is in the public interest. It is vital to
				the continued economic well-being of citizens of this state and their general
				welfare that its canola, rapeseed, and mustard (oilseeds) industry be properly
				promoted by:
(a) Enabling producers of canola,
				rapeseed, and mustard (oilseeds) to help themselves in establishing orderly,
				fair, sound, efficient, and unhampered marketing, grading, and standardizing of
				the oilseeds they produce; and
(b)
				Working towards stabilizing the agricultural industry by increasing production
				of oilseeds within the state.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-573 - Oilseeds commission › Section 16-573-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions for terms used in this chapter
				  must be interpreted as consistent with the definitions in chapter 15.65 RCW,
				  Washington state agricultural commodity boards.
"Act" means the Washington State Agriculture Enabling Act or
				  chapter 15.65 RCW.
"Affected area" means the state of Washington.
"Affected unit" means one hundred pounds (hundredweight) of
				  oilseeds as defined in this section.
"Board" means the oilseeds commodity board formed under WAC
				  16-573-020.
"Commercial quantity" means all oilseeds produced for market
				  in any calendar year by any producer.
"Commission" means the Washington oilseeds commission.
"Department" means the department of agriculture of the state
				  of Washington.
"Director" means the director of agriculture of the state of
				  Washington or the director's duly appointed representative.
"Disclosure" means inspection or copying.
"Handler" means any person who acts as principal or agent or
				  otherwise in processing, selling, marketing or distributing oilseeds not
				  produced by the handler and includes any lending agencies for a commodity
				  credit corporation loan to producers. For the purposes of this chapter, a
				  handler is the same as an "affected handler" under chapter 15.65 RCW. Handler
				  does not include a common carrier used to transport an agricultural commodity.
				  "To handle" means to act as a handler.
"Marketing season" or "fiscal year" means the twelvemonth
				  period beginning on June 1st of any year and ending with the last day of May,
				  both dates being inclusive.
"Oilseeds" means any of the
Brassica Sp.
oilseeds (canola and rapeseed) and all mustards, produced for use as oil, meal,
				  planting seed, condiment, or other industrial or chemurgic uses.
"Person" means any individual, firm, association,
				  corporation, limited liability company, trust, partnership, society, or any
				  other organization of individuals or any unit or agency of local or state
				  government.
"Producer" means any person who produces, or causes to be
				  produced, in commercial quantities, oilseeds in the state of Washington. "To
				  produce" means to act as a producer. For the purposes of this order, a
				  "producer" is the same as an "affected producer" under chapter 15.65
				  RCW.
"Public records" include any writing containing information
				  relating to the conduct of government or the performance of any governmental or
				  proprietary function prepared, owned, used, or retained by the department
				  regardless of physical form or characteristics.
"Sell" includes offer for sale, expose for sale, have in
				  possession for sale, exchange, barter or trade.
Statutory Authority:
					 Chapter
					 15.65 RCW. 98-04-093,
					 § 16-573-010, filed 2/4/98, effective
					 6/1/98.