reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › QUARANTINE ORDERS AND PLANT MOVEMENT › Chapter 16-497 - Hop disease quarantine › Section 16-497-055 - Permits

Current through Register Vol. 24-14, July 15, 2024
The director may allow by special permit the transportation,
				  distribution, disposal, or planting of regulated articles from the quarantine
				  area. Such permit shall specify terms and conditions pursuant to
				  RCW
				  17.24.041 and
				  17.24.091. Permits may be
				  requested by contacting the Washington State Department of Agriculture, Plant
				  Protection Division, 1111 Washington Street S.E., P.O. Box 42560, Olympia, WA
				  98504-2560; fax 360-902-2094; or e-mail:
				  PlantServices@agr.wa.gov.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › QUARANTINE ORDERS AND PLANT MOVEMENT › Chapter 16-497 - Hop disease quarantine › Section 16-497-065 - Penalties and violations

Current through Register Vol. 24-14, July 15, 2024
All violations of this chapter shall be dealt with according
				  to the provisions in
				  RCW
				  17.24.141.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-501 - WSDA procedural rules - Commodity boards or commissions › Section 16-501-005 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless the context clearly requires otherwise, the
				  definitions in this section apply throughout the chapter:
" Annual assessment"
means the total annual
				  assessment amount collected in a twelve-month period by an agricultural
				  commodity board or commission under the provisions of its marketing order or
				  authorizing statute. For the Washington beer commission, "annual assessment "
				  includes net proceeds collected from commission-sponsored beer festivals in
				  addition to the total annual assessment collected by the commission.
"Department"
means the Washington state
				  department of agriculture.
"Total financial contribution"
means the
				  contributions from all agricultural commodity boards and commissions to cover
				  the annual salary and benefits of the department's commodity commission
				  coordinator for commodity boards and commissions plus the annual costs for
				  goods and services, travel, training and equipment necessary to support the
				  commodity commission coordinator. The total financial contribution is one-half
				  full-time equivalent employee.
Statutory Authority:
					 Chapters
					 15.65,
					 15.66,
					 15.24, 16.67,
					 15.44, 15.28, 15.26, 15.88, and
					 43.23 RCW. 02-16-045, §
					 16-501-005, filed 8/1/02, effective
					 9/1/02.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-501 - WSDA procedural rules - Commodity boards or commissions › Section 16-501-010 - Commodity commission financial contribution

Current through Register Vol. 24-14, July 15, 2024
(1) Under the provisions of
				RCW
				43.23.033, the director may establish, by
				rule, a method to fund staff support for all commodity boards and
				commissions.
(2) On or around
				September 1st, the department will determine the amount necessary to fund the
				commodity commission coordinator position.
(3) On or before October 1st, all commodity
				boards or commissions are required to report to the department the dollar value
				of the assessments collected during the board's or commission's previous fiscal
				year. The board or commission's contribution shall be based on the previous
				fiscal year's annual assessment. For commissions with the authority to suspend
				assessments, the contribution shall be based on the most recently collected
				annual assessment prior to suspension.
(4) During the month of October, the
				department will bill each commodity board or commission for its portion of the
				total financial contribution. The board or commission shall remit to the
				department the amount billed within ninety days of the billing date.
(5) The department will provide each
				commodity board or commission with an annual report regarding the department's
				activities on behalf of the boards or commissions.
Statutory Authority:
					 Chapters
					 15.65,
					 15.66,
					 15.24, 16.67,
					 15.44, 15.28, 15.26, 15.88, and
					 43.23 RCW. 02-16-045, §
					 16-501-010, filed 8/1/02, effective
					 9/1/02.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-501 - WSDA procedural rules - Commodity boards or commissions › Section 16-501-015 - Calculation of a commodity board or commission's contribution

Current through Register Vol. 24-14, July 15, 2024
The financial contribution for each commodity board or
				  commission shall be calculated using the following steps:
(1)
(a) Step
				1 - Using the dollar value that a board or commission receives from its annual
				assessment, the base contribution portion of a commodity board or commission's
				share of the total financial contribution is established as follows:
Contribution Categories
Assessment Level
Base Contribution
<= $100,000
$250.00
100,001 - 250,000
500.00
250,001 - 500,000
750.00
500,001 - 1,000,000
1,000.00
1,000,001 - 5,000,000
2,000.00
5,000,001 - 10,000,000
3,000.00
10,000,001 and above
4,000.00
(b) A
				percentage is calculated for each board or commission by dividing the board or
				commission's base contribution by the total base contribution for all boards
				and commissions.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-501 - WSDA procedural rules - Commodity boards or commissions › Procedural Rules for Administrative Function for Commodity Commissions Elections › Section 16-501-525 - Unsigned ballot envelopes: Advisory votes, referenda, and board member elections

Current through Register Vol. 24-14, July 15, 2024
The director of the department of agriculture is
					 responsible for administering marketing order referenda under chapters 15.65
					 and 15.66 RCW and for administering elections for advisory votes and board
					 member selection as authorized in
					 RCW
					 15.24.035,
					 15.26.060,
					 15.28.023,
					 15.44.021,
					 15.65.240,
					 15.66.113,
					 15.88.050,
					 15.89.050,
					 15.115.060,
					 and
					 16.67.060.
(1) The department will mail ballots to those
				  eligible to vote in each election according to the terms of the applicable
				  statute and marketing order. Each voter will be provided an official ballot,
				  instructions for voting, a security envelope and return ballot-mailing envelope
				  with a "Certificate of Eligibility" (certification) printed on the reverse side
				  of the envelope.
(2) After casting
				  a vote in the election, an eligible voter must place the ballot in the security
				  envelope, which is then placed in the ballot-mailing return envelope with the
				  certification on the reverse side. To validate his or her ballot, the voter is
				  required to complete, sign and date the certification.
(3) In the event a ballot is submitted to the
				  department and the certification is not signed and dated in accordance with the
				  instructions contained on the outside of the ballot-mailing return envelope or
				  the ballot is returned in a different envelope without a certification, the
				  ballot-mailing envelope will not be opened nor will the ballot it contains be
				  counted. The unopened ballot-mailing envelope will be set aside and retained in
				  accordance with the appropriate records retention schedule.
(4) Only validated ballots will be included
				  in a ballot count.
(5) This rule
				  applies to referenda, advisory votes, elections, and runoffs required by
				  statute.
Statutory Authority:
						RCW
						15.65.047 and
						15.66.055. 05-08-078, §
						16-501-525, filed 4/1/05, effective
						5/2/05.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-505 - Washington beer commission › Section 16-505-005 - Definitions

Current through Register Vol. 24-14, July 15, 2024
"Disclosure" means inspection or copying.
"Public records" includes 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.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-505 - Washington beer commission › Section 16-505-010 - Collection of assessment

Current through Register Vol. 24-14, July 15, 2024
(1) The
				Washington beer commission is authorized under
				RCW
				15.89.040 and
				15.89.110(1) to
				collect an assessment upon beer produced by an affected producer. The annual
				assessment is ten cents per barrel of beer produced, up to ten thousand barrels
				per location, as verified by federal excise tax reports.
(2) The commission shall directly bill
				affected producers by providing written notice in the form of an assessment
				invoice. Affected producers shall calculate their assessment on the assessment
				invoice using the annual production figure as based upon their federal excise
				tax report. Affected producers must submit the completed assessment invoice,
				the assessment payment due and a copy of the affected producer's federal excise
				tax report for verification to the commission at the address specified on the
				assessment invoice.
(3) The first
				assessment will be due and payable to the commission no sooner than July 2007
				and will be based upon beer production during the fourth quarter of
				2006.
(4) The second assessment
				will be due and payable to the commission no sooner than January 2008 and will
				be based upon beer production during the calendar year of 2007.
(5) Assessments thereafter will be due and
				payable to the commission annually no sooner than January and will be based
				upon the previous year's production.
(6) At this time, assessments due and payable
				to the commission shall not be reduced based on in-kind
				contributions.
(7) Failure to
				receive an invoice for the previous year's product does not relieve an affected
				producer of its obligation to pay any assessment when due.
Statutory Authority:
					 RCW
					 15.89.110(2) and
					 chapter
					 34.05 RCW. 07-13-005,
					 § 16-505-010, filed 6/7/07, effective
					 7/8/07.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-505 - Washington beer commission › Section 16-505-015 - Failure to pay assessment

Current through Register Vol. 24-14, July 15, 2024
(1) In
				the event any affected producer fails to pay the commission the full amount of
				such assessment or such other sum on or before the date due, the commission may
				add to such unpaid assessment or sum an amount not exceeding ten percent of the
				same to defray the cost of enforcing the collection of the amount
				due.
(2) In the event of failure of
				such person or persons to pay any such due and payable assessment or other such
				sum, the commission may bring a civil action against such person or persons in
				a state court of competent jurisdiction for the collection thereof, together
				with the above specified ten percent thereon, and such action shall be tried
				and judgment rendered as in any other cause of action for debt due and
				payable.
Statutory Authority:
					 RCW
					 15.89.110(2) and
					 chapter
					 34.05 RCW. 07-13-005,
					 § 16-505-015, filed 6/7/07, effective
					 7/8/07.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-505 - Washington beer commission › Section 16-505-020 - 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 Beer
				Commission, 11112 117th Place N.E., Kirkland, WA 98033. The request may also be
				submitted by email to eric@washingtonbeer.com. 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 16-505 - Washington beer commission › Section 16-505-075 - 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 16-505 - Washington beer commission › Section 16-505-080 - 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) The commission charges a fee of fifteen
				cents per page of black and white photocopy plus postage for reimbursement of
				the costs of providing public records.
(3) Requests for records in special
				formatting, including color copies, will be charged at the amount necessary to
				reimburse the commission for its actual production costs. If the public records
				officer deems it more efficient to have copying or duplicating done outside the
				commission, the charges will be based on the actual cost of such outside
				copying or duplicating service. 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 the invoice and is payable to the Washington
				beer 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 16-505 - Washington beer commission › Section 16-505-085 - 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 15.89 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 15.89 RCW with respect to domestic or export marketing
				activities or individual producer's production information (reference 42.56.380
				(5)).
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-505 - Washington beer commission › Section 16-505-090 - 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 16-516 - Washington potatoes › Section 16-516-003 - Director's order making marketing order effective and creating a potato commission

Current through Register Vol. 24-14, July 15, 2024
(1)
				Whereas, the director of agriculture of the state of Washington acting pursuant
				to and by virtue of the authority vested in him by the provisions of the
				Washington Agricultural Enabling Act, being
				chapter
				15.66 RCW, issued on June
				6, 1956, that certain marketing order entitled, "Marketing Order for Washington
				Potatoes Providing for the Creation of a Washington Potato Commission," for the
				written referendum assent of the affected producers in accordance with
				RCW
				15.66.090 and,
(2) Whereas, the director of agriculture has
				found that more than fifty-one percent of the affected producers have replied
				to the written referendum within the time specified by the director and that
				said marketing order for Washington potatoes has been assented to in writing by
				more than sixty-five percent of the producers who produced more than fifty-one
				percent by volume of the said potatoes reported produced in the state of
				Washington during the past five years; said determination being based upon the
				official affected producer list of potato producers established by the director
				pursuant to the provisions of
				RCW
				15.66.060, which list is now on file in the
				department; said affected producers being qualified to assent to said marketing
				order;
(3) Now therefore, I, Sverre
				N. Omdahl, director of the department of agriculture of the state of
				Washington, acting pursuant to and by virtue of the authority vested in me by
				said act, do hereby make effective the said marketing order for Washington
				potatoes providing for the creation of a Washington potato commission, said
				order to be effective at 12:01 a.m. July 23, 1956.
Order and Findings, effective
					 7/23/56.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-516 - Washington potatoes › Section 16-516-005 - Marketing order for Washington potatoes - Policy statement

Current through Register Vol. 24-14, July 15, 2024
(1) The production
				of potatoes 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 potatoes be properly encouraged by enabling producers of
				potatoes to help themselves in establishing orderly, fair, sound, efficient,
				and unhampered marketing, grading, and standardizing of the potatoes they
				produce.
(2) It is in the
				overriding public interest that support for the potato industry be clearly
				expressed and that adequate protection be given to the industry and its
				activities and operations as part of a comprehensive agricultural industry to:
(a) Eliminate or limit impediments affecting
				the sale and use of Washington state's potatoes in local, domestic, and foreign
				markets;
(b) Respond to public
				requests for information regarding the quality, care, and methods used in the
				production of Washington state's potatoes;
(c) Respond to public requests for
				information regarding the nutritional, health-giving qualities and dietetic
				value of Washington state's potatoes and products; and
(d) Support and engage in programs or
				activities that benefit the planting, production, harvesting, handling,
				processing, transportation and utilization of potatoes produced in Washington
				state.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-516 - Washington potatoes › Section 16-516-006 - Marketing order purposes

Current through Register Vol. 24-14, July 15, 2024
The purpose of this marketing order is to promote the general
				  welfare of the state and to maintain and protect existing markets, increase
				  production efficiency, and ensure a fair regulatory environment for potatoes
				  produced in Washington. The commission is designated by the director to conduct
				  the following programs in accordance with
				  chapter
				  15.66 RCW:
(1) Unfair trade practices and foreign
				regulatory barriers.
(a) The commission,
				subject to the provisions of the act, may investigate alleged unfair trade
				practices and foreign regulatory barriers that hinder the sale, production,
				transport, or export of Washington-produced potatoes or potato
				products.
(b) If the commission
				finds as a result of an investigation that trade or foreign regulatory barriers
				are restricting the free flow of potatoes produced in this state, the
				commission may institute appropriate action before any agency or body deemed
				necessary to correct the situation.
(c) If the commission finds as a result of an
				investigation that transportation rates and service costs are restricting the
				free flow of potatoes produced in this state, the commission may institute
				proper action before the interstate commerce commission or such other agency or
				body deemed necessary to correct the situation.
(d) Information and records acquired in any
				such investigation are exempt from public disclosure to the extent provided in
				RCW
				15.66.105 and 42.17.31907 or any other
				applicable statute, except that such information may be released, to the extent
				necessary to effectuate the purposes of the act, in the presentation of facts
				to and negotiations with state, federal, or foreign governmental agencies on
				matters which affect the production, irrigation, transport, use, consumption,
				export, or sale of potatoes grown in this state, as authorized in
				RCW
				15.66.105.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-516 - Washington potatoes › Section 16-516-020 - Potato commission

Current through Register Vol. 24-14, July 15, 2024
(1)
				Establishment and membership. A potato commission is hereby established to
				administer this marketing order which shall be composed of nine members who
				shall be producers elected from districts as provided in subsections (2) and
				(3) of this section and five members who shall be appointed by the elected
				producer members as provided in subsection (4) of this section. In addition,
				the director shall appoint one member to the commission to represent the
				director as a voting member of the commission.
(2) Representative districts. For the purpose
				of nomination and selection of producer members of the commission, the affected
				area of the state of Washington shall be divided into three representative
				districts as follows:
(a) "District No. 1"
				shall be and include the counties of Douglas, Chelan, Okanogan, Grant, Adams,
				Ferry, Stevens, Pend Oreille, Spokane, Whitman and Lincoln.
(b) "District No. 2" shall be and include the
				counties of Kittitas, Yakima, Klickitat, Benton, Franklin, Walla Walla,
				Columbia, Garfield, and Asotin.
(c)
				"District No. 3" shall be and include the counties of Skagit and all other
				counties in the state of Washington.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-516 - Washington potatoes › Section 16-516-040 - Assessments and assessment funds

Current through Register Vol. 24-14, July 15, 2024
(1) Assessments levied.
(a) On and after the effective date of this
				order, there is hereby levied and there shall be collected by the commission,
				as provided in the act, upon all potatoes grown in the state an annual
				assessment of four cents per hundredweight which shall be paid by the producer
				thereof upon each and every hundredweight of potatoes sold, processed,
				delivered for sale or processing by him or her or stored or delivered for
				storage when storage or delivery for storage shall be outside the boundaries of
				this state: Provided, That no assessment shall be collected on the following:
(i) Potatoes grown and sold for seed under an
				established seed certification program;
(ii) Potatoes sold for livestock feed,
				regardless of grade;
(iii) Potatoes
				sold for nonfood products, such as industrial starch;
(iv) Potatoes of a producer's own production
				used by him or her on his or her own premises for seed, feed or personal
				consumption;
(v) Potatoes donated
				or shipped for relief or charitable purposes; or
(vi) Sales on a producer's premises by a
				producer direct to a consumer of five hundred pounds or less of potatoes from a
				producer's own production.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-516 - Washington potatoes › Section 16-516-050 - Information reports

Current through Register Vol. 24-14, July 15, 2024
All persons subject to the provisions of this marketing order
				  shall make and render reports and furnish information to the director or the
				  commission as required under the act or this order. Information and records
				  obtained by the director or commission are exempt from public disclosure to the
				  extent provided in
				  RCW
				  15.66.105 and 42.17.31907 or any other
				  applicable statute.
Statutory Authority:
					 RCW
					 15.66.030,
					 15.66.053,
					 15.66.055, and
					 chapter
					 34.05 RCW. 06-03-003,
					 § 16-516-050, filed 1/4/06, effective 2/4/06. Marketing Order, Article V,
					 effective 7/23/56.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-516 - Washington potatoes › Section 16-516-060 - 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.
Marketing Order, Article VI, effective
					 7/23/56.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-516 - Washington potatoes › RULES OF THE WASHINGTON STATE POTATO COMMISSION › Section 16-516-100 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to rules in this chapter
					 adopted by the Washington potato commission unless otherwise provided:
"Hosting"
may include providing meals,
					 refreshments, lodging, transportation, gifts of nominal value, reasonable and
					 customary entertainment, and normal incidental expenses at meetings or
					 gatherings.
"Trade relations hosting"
means the hosting of
					 individuals and groups of individuals at meetings, meals, and gatherings for
					 the purpose of cultivating trade relations for Washington state potatoes and
					 potato products.
Statutory Authority:
						Chapters
						15.66 and
						34.05 RCW, specifically
						RCW
						15.66.140(2). 06-03-002,
						§ 16-516-100, filed 1/4/06, effective 2/4/06. Statutory Authority:
						Chapter
						15.66 RCW and
						RCW
						15.04.200. 01-09-028, § 16-516-100,
						filed 4/10/01, effective 5/11/01.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-516 - Washington potatoes › RULES OF THE WASHINGTON STATE POTATO COMMISSION › Section 16-516-110 - Commission rules - Reporting and paying assessments

Current through Register Vol. 24-14, July 15, 2024
Effective with the growing season of 1962, the following
					 procedure is established for the reporting and paying assessments levied
					 pursuant to
					 RCW
					 15.66.150 and WAC
					 16-516-040:
(1) The commission shall have the discretion
				  to determine which one or more of the methods hereinafter set forth shall be
				  respectively followed by each respective affected producer and or handler in
				  reporting and paying assessments.
(2) Assessments shall be paid in accordance
				  with one or more of the following methods as prescribed by the commission, in
				  its discretion, for each respective affected producer and or handler:
(a) By means of collection from producers by
				  handlers at the time the potatoes are first handled, and payment by said
				  handlers to the commission of the assessments so collected.
(i) The commission shall bill each handler at
				  such intervals, not less frequently than monthly, as the commission may from
				  time to time determine, for the assessments due upon potatoes handled in the
				  preceding period for which billing has not previously been made, and upon which
				  assessments have not been paid, computed on the basis of the quantity of
				  potatoes so handled as recorded on potato shipping records pertaining to each
				  handler prepared by the state of Washington department of agriculture in behalf
				  of the commission, and filed with the commission, or, with respect to handlers
				  who are packers or processors, on the basis of the quantity of potatoes so
				  handled as recorded on potato shipping records pertaining to such packer or
				  processor prepared by such packer or processor and filed with the
				  commission.
(ii) In the event
				  potatoes subject to assessment are handled by processors or other handlers
				  under circumstances in which no potato shipping record is filed with the
				  commission with respect to the potatoes so handled the handler shall, at the
				  time of submitting the report required by subsection (a)(iii) immediately
				  following, pay in full the assessment on the potatoes so reported.
(iii) Each handler shall, in any event, file
				  a monthly report, under oath, on forms provided by the commission, showing the
				  name and address of the handler making the report, the quantity of potatoes
				  handled during the preceding calendar month, the name, address, handler's lot
				  number, and quantity of potatoes handled, for each respective producer, and the
				  representative district as defined in WAC
				  16-516-020, within which the
				  potatoes were grown. The report shall be filed with the commission not later
				  than the 20th day of the month following that in which the potatoes were
				  handled.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-516 - Washington potatoes › RULES OF THE WASHINGTON STATE POTATO COMMISSION › Section 16-516-125 - Commission rules - Penalty assessments

Current through Register Vol. 24-14, July 15, 2024
Pursuant to authority granted by
					 RCW
					 15.66.170 and by WAC
					 16-516-020(8), in
					 the event that any assessment is not paid within 90 days after the date of the
					 billing therefore by the commission, or within 90 days after the due date of
					 the report required by WAC
					 16-516-110(b)(iii) and
					 (iv) a sum equal to 10% of such unpaid
					 assessment of unpaid portion thereof shall be added thereto and be due and
					 owing to the commission.
Commission Rule XI, § 16-516-125, filed 6/26/72;
						Rule XI, filed 6/25/62; Rule XI, filed
						3/3/60.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-516 - Washington potatoes › RULES OF THE WASHINGTON STATE POTATO COMMISSION › Section 16-516-130 - Commission rules - Assessments on field run or ungraded potatoes

Current through Register Vol. 24-14, July 15, 2024
Assessments shall be levied upon potatoes sold on a field
					 run or ungraded basis as follows:
(1)
				  If payment to the grower for said potatoes is based upon the gross weight of
				  potatoes sold and not upon the yield of any particular grade of potatoes as
				  determined by any type of sorting or inspection, then upon 90% of the gross
				  hundred weight of potatoes so sold.
(2) If payment to the grower for said
				  potatoes is based upon the net weight of potatoes intended for human
				  consumption derived from the potatoes so sold as determined by any type of
				  sorting or inspection, then upon the total net weight of such potatoes intended
				  for human consumption.
Order XII, § 16-516-130, filed 7/2/73; Rule XIII,
						filed 3/3/60.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-516 - Washington potatoes › RULES OF THE WASHINGTON STATE POTATO COMMISSION › Section 16-516-150 - Notice to director

Current through Register Vol. 24-14, July 15, 2024
The commission shall notify the director in writing of any
					 handler who has not established a record of prompt payment, and such handler
					 shall be subject to the provisions of WAC
					 16-516-040(2)(e) 
					 which states as follows: No affected units of potatoes shall be transported,
					 carried, shipped, sold, stored or otherwise handled or disposed of until every
					 due and payable assessment herein provided for has been paid and the receipt
					 issued, but no liability hereunder shall attach to common carriers in the
					 regular course of their business. When any potatoes for which exemption as
					 provided in subsection (1) of this section is claimed are shipped either by
					 railroad or truck, there shall be plainly noted on the bill of lading, shipping
					 document, container or invoice, the reasons for such
					 exemptions.
Statutory Authority:
						Chapters
						15.66 and
						34.05 RCW, specifically
						RCW
						15.66.140(2). 06-03-002,
						§ 16-516-150, filed 1/4/06, effective 2/4/06. Order XII, §
						16-516-150, filed 7/2/73.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-516 - Washington potatoes › RULES OF THE WASHINGTON STATE POTATO COMMISSION › Section 16-516-160 - Exemption from prepayment

Current through Register Vol. 24-14, July 15, 2024
Any handler who has established a record of prompt payment
					 during the entire previous potato shipping season and continues to maintain
					 such record of prompt payment shall not be subject to the prepayment
					 requirements set forth in WAC 16-516-140, such handler shall however at all
					 times be subject to WAC
					 16-516-125.
Order XII, § 16-516-160, filed
						7/2/73.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-516 - Washington potatoes › RULES OF THE WASHINGTON STATE POTATO COMMISSION › Section 16-516-170 - Rules for implementation of hosting by the Washington state potato 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 commission shall adopt rules governing hosting expenditures by
					 agricultural commodity commission employees, agents, or commissioners. The
					 rules governing agricultural development or trade relations hosting
					 expenditures for the Washington state potato commission shall be as
					 follows:
(1) Budget approval:
				  Commission expenditures for agricultural development or trade relations 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: Individual commissioners and commission staff shall make
				  agricultural development or trade relations hosting expenditures, or seek
				  reimbursements for those expenditures, only in those instances where the
				  expenditures have been approved by the commission.
(3) Payment and reimbursement. All payments
				  and reimbursements shall be as identified and supported by vouchers to which
				  receipts are attached. Voucher forms will be supplied by the commission, and
				  shall require the following information:
(a)
				  Name and position of each person hosted, provided that in case of a group of
				  twenty-five or more persons, then only the name of the group hosting shall be
				  required;
(b) General purpose of
				  the hosting;
(c) Date of
				  hosting;
(d) To whom payment was or
				  will be made;
(e) Signature of
				  person seeking payment or reimbursement;
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-516 - Washington potatoes › RULES OF THE WASHINGTON STATE POTATO COMMISSION › Section 16-516-200 - 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 16-516 - Washington potatoes › RULES OF THE WASHINGTON STATE POTATO COMMISSION › Section 16-516-205 - 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 108 Interlake Road, Moses
				  Lake, WA 98837, or by email at publicrecords@potatoes.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 16-516 - Washington potatoes › RULES OF THE WASHINGTON STATE POTATO COMMISSION › Section 16-516-210 - 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 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 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 16-516 - Washington potatoes › RULES OF THE WASHINGTON STATE POTATO COMMISSION › Section 16-516-215 - 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) The commission shall charge thirty cents
				  per black and white copy plus postage to reimburse itself for the costs of
				  providing copies of public records.
(3) Requests for records in special
				  formatting, including color copies, will be charged at the amount necessary to
				  reimburse the commission for its actual production costs. If the public records
				  officer deems it more efficient to have copying or duplicating done outside the
				  commission, the charges will be based on the actual cost of such outside
				  copying or duplicating service. 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 potato
				  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 16-516 - Washington potatoes › RULES OF THE WASHINGTON STATE POTATO COMMISSION › Section 16-516-220 - 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 15.66 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 15.66 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 16-516 - Washington potatoes › RULES OF THE WASHINGTON STATE POTATO COMMISSION › Section 16-516-225 - 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 16-516 - Washington potatoes › RULES OF THE WASHINGTON STATE POTATO COMMISSION › Section 16-516-230 - 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 records index may be accessed on
					 the commission's web site at
www.potatoes.com
.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-520 - Seed potatoes › Section 16-520-003 - Director's order creating seed potato commission and making marketing order effective

Current through Register Vol. 24-14, July 15, 2024
(1)
				Whereas, the director of agriculture of the state of Washington acting pursuant
				to and by virtue of the authority vested in him by the provisions of the
				Washington Agricultural Enabling Act, being
				chapter
				15.66 RCW, issued on
				August 17, 1956, that certain marketing order entitled, "Marketing order for
				Washington seed potatoes providing for the creation of a Washington seed potato
				commission," for the written referendum assent of the affected producers in
				accordance with
				RCW
				15.66.090 and,
(2) Whereas, the director of agriculture has
				found that more than fifty-one percent of the affected producers have replied
				to the written referendum within the time specified by the director and that
				said marketing order for Washington seed potatoes has been assented to in
				writing by more than sixty-five percent of the producers who produced more than
				fifty-one percent by volume of the said seed potatoes reported produced in the
				state of Washington during the past five years; said determination being based
				upon the official affected producer list of seed potato producers established
				by the director pursuant to the provisions of
				RCW
				15.66.060, which list is now on file in the
				department; said affected producers being qualified to assent to said marketing
				order;
(3) Now therefore, I, Sverre
				N. Omdahl, director of the department of agriculture of the state of
				Washington, acting pursuant to and by virtue of the authority vested in me by
				said act, do hereby make effective the said act, do hereby make effective the
				said marketing order for Washington seed potatoes providing for the creation of
				a Washington seed potato commission, said order to be effective at 12:01 a.m.
				October 1, 1956.
Order and Findings, issued
					 9/18/56.