Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-532 - Hops › Section 16-532-030 - Marketing order purposes

Current through Register Vol. 24-14, July 15, 2024
The order is to promote the general welfare of the state, to
				  enable producers of hops to help themselves establish orderly, fair, sound,
				  efficient, unhampered marketing and standardization of hops and regulate unfair
				  trade practices within the industry.
(1) To carry out the purposes of the order
				the board may provide for a program in one or more of the following areas:
(a) Establish plans and conduct programs for
				advertising, sales, promotion and/or other programs for maintaining present
				markets and/or creating new or larger markets for hops. Such programs shall be
				directed toward increasing the sale of hops without reference to any particular
				brand or trade name and shall neither make use of false or unwarranted claims
				in behalf of hops nor disparage the quality, value, sale or use of any other
				agricultural commodity.
(b) Provide
				for research in the production, processing and/or distribution of hops and
				expend the necessary funds for such purposes. 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 for a particular project or if some other research agency
				has better facilities therefor, the project may be carried out by other
				research agencies selected by the board.
(c) Provide by rules and regulations for:
(i) Establishing uniform labels and labeling
				requirements for hops or any products thereof, requiring producers, handlers
				and other persons to conform to standards for the placing of labels,
				trademarks, insignia or brands on bales or packages, provided, that all
				licensed hop dealers or brokers are entitled to use on the face of their
				product any particular trademark, insignia, brand or label that they may now
				have or will have. That established brands, labels, trademarks or insignias may
				be properly used in selling or commercially disposing of hops and hop products
				or in offering the same for sale, advertising and/or delivering said hops or
				hop products;
(ii) Providing for
				inspection and enforcement to ascertain and effectuate compliance;
(iii) Establishing rules and regulations
				respecting the foregoing.
(d) Prohibit and/or otherwise regulate any
				one or more or all of the practices listed to the extent that such practices
				affect, directly or indirectly, hops or any product thereof, but only with
				respect to persons who engage in such practices with the intent of or with the
				reasonably foreseeable effect of inducing any purchaser to become his customer
				or his supplier or of otherwise dealing or trading with him or of diverting
				trade from a competitor, to wit:
(i) Paying
				rebates, commissions or unearned discounts;
(ii) Unfairly extending privileges or
				benefits (pertaining to price, to credit, to the loan, lease or giving away of
				facilities, equipment or other property or to any other matter or thing) to any
				customer, supplier or other person;
(iii) Discriminating between customers, or
				suppliers of a like class;
(iv)
				Making or publishing false or misleading advertising. Such regulation may
				authorize uniform trade practices applicable to all similarly situated handlers
				and/or other persons.
(e) The board may authorize use of any money
				received and of any persons employed thereunder for legal proceedings, of any
				type and in the name of any person, directed to enforcement of this or any
				other law in force in the state of Washington relating to the prevention of
				unfair trade practices.
(f) Provide
				for marketing information and services to affected producers for the
				verification of grades, standards, weights, tests and sampling of quality and
				quantity of hops purchased by handlers from affected producers.
(g) Participate in federal or state hearings
				or other proceedings concerning regulation of the manufacture, distribution,
				sale, or use of any pesticide as defined by
				RCW
				15.58.030(29) or any
				agricultural chemical which is of use or potential use in producing
				hops.