reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-550 - Blueberry › Section 16-550-040 - Assessments and collections

Current through Register Vol. 24-14, July 15, 2024
(1)
Assessments.
(a) The annual
				assessment on all varieties of blueberries shall be four-tenths of a cent 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.
(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 16-550 - Blueberry › Section 16-550-050 - 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 1116, § 16-550-050, filed 5/14/69, effective
					 6/15/69.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-550 - Blueberry › Section 16-550-060 - 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.
Statutory Authority:
					 RCW
					 15.65.047 and
					 chapter
					 34.05 RCW. 06-17-078,
					 § 16-550-060, filed 8/14/06, effective 9/14/06; Order 1116, §
					 16-550-060, filed 5/14/69, effective
					 6/15/69.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-550 - Blueberry › Section 16-550-070 - Effective time

Current through Register Vol. 24-14, July 15, 2024
This marketing order for blueberries shall become effective
				  on and after June 15, 1969.
Order 1116, § 16-550-070, filed 5/14/69, effective
					 6/15/69.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-550 - Blueberry › Section 16-550-080 - 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.
Order 1116, § 16-550-080, filed 5/14/69, effective
					 6/15/69.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-550 - Blueberry › Section 16-550-500 - Time, place, method for payment and collection of assessments

Current through Register Vol. 24-14, July 15, 2024
Effective with the growing season of 1969, the following
				  procedure is established for the reporting and paying assessments levied
				  pursuant to section
				  RCW
				  15.65.410 and WAC
				  16-550-040:
(1) All first handlers of blueberries for
				resale or for processing shall withhold the amount of the assessment from their
				remittances to growers and transmit same to the commission.
(2) All growers selling blueberries other
				than to first handlers for resale or processing, whether selling direct or
				through brokers, and including all sales at retail, shall pay the assessment
				directly to the commission.
(3) All
				growers having blueberries in cold storage that are not sold on October 31 of
				each year, shall compute the assessment due on such berries and pay same to the
				commission.
(4) All assessments for
				the crop year are due and payable to the commission on or before October 31 of
				each year.
(5) Any assessments paid
				on or after December 1 shall be accompanied with a penalty fee of 10% as
				provided in
				RCW
				15.65.440 of the act.
Order 1, § 16-550-500, filed
					 7/10/69.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-555 - Washington strawberry commission › Section 16-555-010 - Definition of terms

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 15.65 RCW. 93-10-063,
					 § 16-555-010, filed 5/3/93, effective 6/3/93. Statutory Authority:
					 RCW
					 15.65.050. 90-11-001 (Order 2038), §
					 16-555-010, filed 5/3/90, effective 6/3/90. Statutory Authority:
					 Chapter
					 15.65 RCW. 85-11-030
					 (Order 1856), § 16-555-010, filed
					 5/14/85.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-555 - Washington strawberry commission › Section 16-555-020 - Strawberry commodity board

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 15.65.050 and
					 15.65.200. 02-15-128, §
					 16-555-020, filed 7/22/02, effective 8/22/02. Statutory Authority:
					 RCW
					 15.65.050. 00-10-024, § 16-555-020,
					 filed 4/24/00, effective 5/25/00. Statutory Authority:
					 Chapter
					 15.65 RCW. 93-10-063,
					 § 16-555-020, filed 5/3/93, effective 6/3/93. Statutory Authority:
					 RCW
					 15.65.050. 92-12-006, § 16-555-020,
					 filed 5/21/92, effective 6/21/92. Statutory Authority:
					 Chapter
					 15.65 RCW. 85-11-030
					 (Order 1856), § 16-555-020, filed
					 5/14/85.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-555 - Washington strawberry commission › Section 16-555-030 - Marketing order purposes

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 15.65 RCW. 85-11-030
					 (Order 1856), § 16-555-030, filed
					 5/14/85.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-555 - Washington strawberry commission › Section 16-555-040 - Assessments and collections

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 15.65.050. 92-12-006, § 16-555-040,
					 filed 5/21/92, effective 6/21/92. Statutory Authority:
					 Chapter
					 15.65 RCW. 85-11-030
					 (Order 1856), § 16-555-040, filed
					 5/14/85.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-555 - Washington strawberry commission › Section 16-555-041 - Time - Place - Method for payment and collection of assessments

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 15.65 RCW. 85-11-030
					 (Order 1856), § 16-555-041, filed
					 5/14/85.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-555 - Washington strawberry commission › Section 16-555-050 - Obligations of the board

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 15.65 RCW. 85-11-030
					 (Order 1856), § 16-555-050, filed
					 5/14/85.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-555 - Washington strawberry commission › Section 16-555-060 - Termination of the marketing order

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 15.65 RCW. 85-11-030
					 (Order 1856), § 16-555-060, filed
					 5/14/85.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-555 - Washington strawberry commission › Section 16-555-070 - Effective time

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 15.65 RCW. 85-11-030
					 (Order 1856), § 16-555-070, filed
					 5/14/85.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-555 - Washington strawberry commission › Section 16-555-080 - Separability

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 15.65 RCW. 85-11-030
					 (Order 1856), § 16-555-080, filed
					 5/14/85.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-557 - Washington asparagus commission › Section 16-557-010 - 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 entire state of Washington.
"Affected handler" means both affected handler fresh and
				  affected handler processor.
"Affected handler, fresh" means any person who acts as
				  principal or agent or otherwise in selling, marketing, or distributing fresh
				  asparagus not produced by him/her.
"Affected handler, processor" means any person who acts as
				  principal or agent or otherwise in processing, freezing asparagus, and selling,
				  marketing, or distributing said processed or frozen asparagus, not produced by
				  him/her.
"Affected producer" means any person who produces in the
				  state of Washington asparagus in commercial quantities for fresh market, for
				  processing, or for sale to processors.
"Affected unit" means one pound net pay weight of
				  asparagus.
"Asparagus" means and includes all kinds, varieties, and
				  hybrids of
"officinalis" Linn.
"Asparagus commodity board," hereinafter referred to as
				  "board," means the commodity board formed under the provisions of WAC
				  16-557-020.
"Commercial quantity" means any asparagus produced for market
				  in quantities of three tons (6,000 pounds) or more, in any calendar
				  year.
"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.
"Hosting" may include providing meals, refreshments,
				  lodging, transportation, gifts of a nominal value, reasonable and customary
				  entertainment, and normal incidental expenses at meetings or gatherings.
"Marketing season" or "fiscal year" means the twelvemonth
				  period beginning with January 1st of any year and ending with the last day of
				  December following, both dates being inclusive.
"Person" means any person, firm, association, or
				  corporation.
"Promotional hosting" as used in these rules means the
				  hosting of individuals and groups of individuals at meetings, meals, and
				  gatherings for the purpose of cultivating trade relations and promoting sales
				  of Washington grown asparagus.
"Sell" includes offer for sale, expose for sale, have in
				  possession for sale, exchange, barter, or trade.
Statutory Authority:
					 RCW
					 15.04.200,
					 15.65.280 and WAC
					 16-557-020. 98-16-081, §
					 16-557-010, filed 8/5/98, effective 9/5/98. Statutory Authority:
					 RCW
					 15.65.050 and
					 chapter
					 15.65 RCW. 91-09-003,
					 § 16-557-010, filed 4/4/91, effective
					 5/5/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-557 - Washington asparagus commission › Section 16-557-020 - Asparagus 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 nine members. Six members shall be affected producers elected
				as provided in this section, one member shall be an affected handler, fresh,
				elected as provided in this section, one member shall be an affected handler
				processor, 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) Effective
				January 1, 2002, for the purpose of nomination and election of producer members
				of the board, the affected area shall be that portion of the state of
				Washington located east of the summit of the Cascade Mountains and shall be
				divided into three representative districts as follows:
(i) District I shall have two board members,
				being positions one and two, and shall be Benton, Kittitas, Klickitat, and
				Yakima counties and counties in western Washington.
(ii) District II shall have three board
				members, being positions three, four, and five, and shall include the counties
				of Adams, Columbia, Franklin, Grant, and Walla Walla counties and remaining
				counties in eastern Washington not in District I.
(iii) Position six will become an at large
				position in the state of Washington.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-557 - Washington asparagus commission › Section 16-557-025 - Rules for implementation of promotional hosting by the Washington asparagus commission

Current through Register Vol. 24-14, July 15, 2024
The laws of section 1, chapter 26, Laws of 1985
				  (RCW
				  15.04.200 ) provide that agricultural
				  commodity commissions shall adopt rules governing promotional hosting
				  expenditures by agricultural commodity commission employees, agents, or
				  commissioners. The rules governing promotional hosting expenditures for the
				  Washington asparagus 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 annual
				public hearings on the commission budget.
(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) Communications coordinator.
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 16-557 - Washington asparagus commission › Section 16-557-030 - 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 asparagus to help themselves establish orderly, fair,
				  sound, efficient, unhampered marketing; facilitate cultural and harvesting
				  improvements, and regulate unfair trade practices within the industry. To carry
				  out the purposes of the order, the board may provide for a program in one or
				  more of the following areas:
(1)
				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 asparagus. Such programs shall be directed toward increasing the
				sale of asparagus without reference to any particular brand or trade name and
				shall neither make use of false or unwarranted claims in behalf of asparagus
				nor disparage the quality, value, sale, or use of any other agricultural
				commodity.
(2) Provide for research
				in the production, processing, and/or marketing of asparagus and expend the
				necessary funds for such purposes.
(3) Investigate and take necessary action to
				prevent unfair trade practices as set forth in
				RCW
				15.65.340 and to correct where possible,
				trade practices which hinder marketing of Washington asparagus.
(4) Prohibit making or publishing false or
				misleading advertising. Such regulation may authorize uniform trade practices
				applicable to all similarly situated handlers and/or other persons.
Statutory Authority:
					 RCW
					 15.65.050 and
					 chapter
					 15.65 RCW. 91-09-003,
					 § 16-557-030, filed 4/4/91, effective
					 5/5/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-557 - Washington asparagus commission › Section 16-557-040 - Assessments and collections

Current through Register Vol. 24-14, July 15, 2024
(1)
Assessments.
(a) The annual
				assessment on all varieties of asparagus shall be one percent of the gross
				receipts at first point of sale.
(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 16-557 - Washington asparagus commission › Section 16-557-041 - Time-Place-Method for payment and collection of assessments

Current through Register Vol. 24-14, July 15, 2024
Effective with the growing season of 1991, the following
				  procedure is established for the reporting and paying of assessments levied
				  pursuant to
				  RCW
				  15.65.410 and WAC
				  16-557-040:
(1) All first handlers of asparagus 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
				accumulated will be due and payable to the commission by the end of August.
				With the submission of the assessments, a report listing the name, address,
				pounds handled or purchased, and amount deducted or collected for each producer
				shall be submitted to the commission on forms provided by the
				commission.
(2) All growers selling
				asparagus other than to first handlers for resale or processing, whether
				selling direct or through brokers, and including all sales at retail, shall pay
				the assessment directly to the commission, within thirty days of sale of such
				product.
(3) Any assessments not
				paid by September 30th shall be accompanied by an administrative fee of 10% as
				provided in
				RCW
				15.65.440 of the act.
Statutory Authority:
					 RCW
					 15.65.050 and
					 chapter
					 15.65 RCW. 91-09-003,
					 § 16-557-041, filed 4/4/91, effective
					 5/5/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-557 - Washington asparagus commission › Section 16-557-050 - 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:
					 RCW
					 15.65.050 and
					 chapter
					 15.65 RCW. 91-09-003,
					 § 16-557-050, filed 4/4/91, effective
					 5/5/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-557 - Washington asparagus commission › Section 16-557-060 - 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 to 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:
					 RCW
					 15.65.050 and
					 chapter
					 15.65 RCW. 91-09-003,
					 § 16-557-060, filed 4/4/91, effective
					 5/5/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-557 - Washington asparagus commission › Section 16-557-070 - Effective time

Current through Register Vol. 24-14, July 15, 2024
The marketing order for asparagus shall become effective on
				  April 1, 1991.
Statutory Authority:
					 RCW
					 15.65.050 and
					 chapter
					 15.65 RCW. 91-09-003,
					 § 16-557-070, filed 4/4/91, effective
					 5/5/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-557 - Washington asparagus commission › Section 16-557-080 - 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:
					 RCW
					 15.65.050 and
					 chapter
					 15.65 RCW. 91-09-003,
					 § 16-557-080, filed 4/4/91, effective
					 5/5/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-557 - Washington asparagus commission › Section 16-557-090 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-557 - Washington asparagus commission › Section 16-557-095 - 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 at Washington
				Asparagus Commission, 2621 Ringold Road, Eltopia, WA 99330. The written request
				should include:
(a) The name of the person
				requesting the record and the person's contact information;
(b) The calendar date on which the request is
				made;
(c) Sufficient information to
				readily identify the records being requested.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-557 - Washington asparagus commission › Section 16-557-100 - Response to public records request

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) Providing the record;
(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; or
(d)
				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 the withholding of the record (or any part) and a brief
				explanation of how the exemption applies to the record(s) 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 16-557 - Washington asparagus commission › Section 16-557-105 - Fees-Inspection and copying

Current through Register Vol. 24-14, July 15, 2024
(1) No
				fee shall 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 to the Washington asparagus commission within fifteen
				days of receipt. 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 16-557 - Washington asparagus commission › Section 16-557-110 - 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 16.67 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 16-557 - Washington asparagus commission › Section 16-557-115 - 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 16-560 - Washington tree fruit research commission › Section 16-560-005 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
These rules are promulgated by the Washington tree fruit
				  research commission pursuant to the authority granted by chapter 15.26 RCW and
				  in accordance with procedures required under chapter 1-12 WAC. The purpose of
				  administrative rules and regulations adopted under this chapter is to
				  administer and carry out the provisions of chapter 15.26 RCW, tree fruit
				  research act, and chapter 42.56 RCW, Public Records Act.
Order 4, § 16-560-005, filed 4/30/70; Emergency Order
					 3, filed 3/11/70. Formerly WAC
					 16-560-010
					 (part).
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 16-560-006 - Definitions

Current through Register Vol. 24-14, July 15, 2024
"Commission" means the Washington tree fruit research
				  commission.
"Disclosure" means inspection or copying.
"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.
"Writing" means handwriting, typewriting, printing,
				  photostating, telefaxing, photographing, and every other means of recording any
				  form of communication or representation including, but not limited to, letters,
				  words, pictures, sounds or symbols, or combination thereof, and all papers,
				  maps, magnetic or paper tapes, photographic films and prints, motion picture,
				  film and video recordings, magnetic or punched cards, discs, drums, diskettes,
				  sound recordings, and other documents, including existing data compilations
				  from which information may be obtained or translated.
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 16-560-010 - Withholding assessments by first handler

Current through Register Vol. 24-14, July 15, 2024
All dealers, handlers, or processors who purchase commercial
				  tree fruit from a producer for sale, processing, or shipment anywhere, shall
				  withhold the assessment due and payable the Washington tree fruit research
				  commission by producers of such commercial tree fruit unless adequate evidence
				  is supplied by such producer that payment of the assessment has been or will
				  have been made directly by himself. The first handler is responsible for
				  payment of the research assessment, but he shall charge the same against the
				  producer, who is finally responsible for such assessment. A producer who
				  transports his own fruit or fruit on consignment to fresh market is deemed to
				  be a first handler.
Order 4, § 16-560-010, filed 4/30/70; Emergency Order
					 3, filed 3/11/70; Order 2, § 16-560-010, Regulations 1, 2, 3, filed
					 9/26/69.
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 16-560-020 - Payment of assessment by first handler

Current through Register Vol. 24-14, July 15, 2024
All first handlers shall remit such assessment to the
				  Washington state apple advertising commission, when such assessment has been
				  withheld for apples, and such remittance shall be made in the same manner and
				  time as assessments due the said Washington state apple advertising commission
				  for apple advertising assessments; and to the Washington state fruit
				  commission, when such assessment has been withheld for any other tree fruit,
				  including winter pears, and such remittance shall be made in the same manner
				  and time as assessments due the said Washington state fruit
				  commission.
Order 4, § 16-560-020, filed 4/30/70; Emergency Order
					 3, filed 3/11/70. Formerly WAC
					 16-560-010
					 (part).
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 16-560-030 - Collection and remittance of assessments on processing apples

Current through Register Vol. 24-14, July 15, 2024
The Washington state apple advertising commission is hereby
				  designated to collect assessments due and payable to the Washington tree fruit
				  research commission on processing apples as defined in
				  RCW
				  15.24.010(6). The Washington
				  tree fruit research commission will prescribe the official form to be used by
				  the Washington apple advertising commission and all dealers, handlers and
				  processors handling processing apples in the collection and payment of such
				  assessments. The Washington state apple advertising commission shall determine
				  the manner and time of payment of such assessments in conformance with its
				  system of assessment collections. The remittance of such assessments collected
				  on processing apples shall be made by the Washington apple advertising
				  commission to the Washington tree fruit research commission, in conformance
				  with WAC 16-560-050.
Order 4, § 16-560-030, filed 4/30/70; Emergency Order
					 3, filed 3/11/70. Formerly WAC
					 16-560-010
					 (part).
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 16-560-040 - Collection of assessments by state department of agriculture

Current through Register Vol. 24-14, July 15, 2024
The Washington state department of agriculture may upon
				  request of the Washington tree fruit research commission collect any or all
				  assessments due and payable to the Washington tree fruit research
				  commission.
Order 4, § 16-560-040, filed 4/30/70; Emergency Order
					 3, filed 3/11/70. Formerly WAC
					 16-560-010
					 (part).
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 16-560-050 - Payments to tree fruit research commission

Current through Register Vol. 24-14, July 15, 2024
All assessments collected by the Washington state apple
				  advertising commission, the Washington state fruit commission, and the
				  Washington state department of agriculture shall be paid to the Washington tree
				  fruit research commission within thirty days of such
				  collection.
Order 4, § 16-560-050, filed 4/30/70; Emergency Order
					 3, filed 3/11/70. Formerly WAC
					 16-560-010
					 (part).
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 16-560-060 - Reports of dealer, handler, and processor

Current through Register Vol. 24-14, July 15, 2024
Every dealer, handler and processor shall annually, within
				  thirty days following each August 31, file with the Washington tree fruit
				  research commission a report, under oath, on forms prescribed and furnished by
				  said commission, stating the quantity of apples covered by the provisions of
				  the Tree Fruit Research Act handled, shipped or processed by him during the
				  twelve-month period immediately preceding said August 31. Said return shall in
				  addition identify each person from whom said apples were received and the
				  amount of apples furnished by each said person. All said returns shall be
				  submitted directly to the Washington state apple advertising commission as the
				  designated agent for audit and collection of assessments levied on apples
				  pursuant to the provisions of the Tree Fruit Research Act. The above is to
				  conform with
				  RCW
				  15.26.190.
Order 4, § 16-560-060, filed
					 7/17/72.
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 16-560-070 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
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.
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 16-560-080 - 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 at 1719 Springwater
				Avenue, Wenatchee, WA 98801, or by email at kathy@treefruitresearch.com. The
				written request should include:
(a) The name
				of the person requesting the record and his or her contact
				information;
(b) The calendar date
				on which the request is made; and
(c) Sufficient information to readily
				identify the records being requested.
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 16-560-090 - 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) Providing the record;
(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; or
(d)
				Denying the public record request. Responses refusing in whole or in part the
				inspection of a public record shall include a statement of the specific
				exemption authorizing the withholding of the record (or any part) and a brief
				explanation of how the exemption applies to the records 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 16-560 - Washington tree fruit research commission › Section 16-560-100 - Fees-Inspection and copying

Current through Register Vol. 24-14, July 15, 2024
(1) No
				fee shall 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:
(a) 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;
(b) Staff resources are insufficient to
				perform a study and to calculate such actual costs; and
(c) A study would interfere with and disrupt
				other essential agency functions.
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 16-560-105 - Processing of public records requests-Electronic records

Current through Register Vol. 24-14, July 15, 2024
(1) The process for requesting electronic
				public records is the same as for requesting paper public records.
(2) Providing electronic records:
(a) The commission has the discretion to
				determine whether to provide records electronically or in paper form.
(b) When a requestor requests records in an
				electronic format, the public records officer will endeavor to provide the
				nonexempt records or portions of such records that are reasonably locatable in
				an electronic format that is used by the commission and is generally
				commercially available, or in a format that is reasonably translatable from the
				format in which the commission keeps the record.
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 16-560-110 - Protection of public records

Current through Register Vol. 24-14, July 15, 2024
In order to adequately protect the commission's public
				  records, the following will apply:
(1)
				Public records made available for inspection may not be removed from the area
				the commission makes available for inspection. The commission has the
				discretion to designate the means and the location for the inspection of
				records.
(2) Inspection of any
				public record will be conducted in the presence of a designated commission
				employee.
(3) Public records may
				not be marked or altered in any manner during inspection.
(4) After inspection is complete, the public
				records officer or designee will make requested copies or arrange for
				copying.
(5) Public records that
				are maintained in a file or jacket, or in chronological order, may not be
				dismantled except by a designated commission employee for purposes of
				copying.
(6) Whenever a public
				records request involves an entire file, a group of records, or a large number
				of records, the commission is allowed a reasonable time to review the records
				to determine whether information is exempt from disclosure under chapter 42.56
				RCW or other law.
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 16-560-115 - 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 15.26 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 15.26 RCW, with respect to domestic or export
				marketing activities or individual producer's production information (reference
				RCW
				42.56.380(5) ).