reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-520 - Seed potatoes › Section 16-520-005 - Marketing order - Policy statement

Current through Register Vol. 24-14, July 15, 2024
(1) The marketing of seed 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
				seed potatoes be properly promoted by:
(a)
				Enabling producers of seed potatoes to help themselves in establishing orderly,
				fair, sound, efficient, and unhampered marketing, grading, and standardizing of
				the seed potatoes they produce; and
(b) Working towards stabilizing the
				agricultural industry by increasing consumption of seed potatoes within the
				state, the nation, and internationally.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-520 - Seed potatoes › Section 16-520-006 - Marketing order purposes

Current through Register Vol. 24-14, July 15, 2024
This marketing order is to promote the general welfare of the
				  state and for the purpose of maintaining existing markets or creating new or
				  larger local, domestic, and foreign markets; ensuring a fair regulatory
				  environment; and increasing production efficiency of seed potatoes in
				  Washington state. The Washington state seed potato commission is designated by
				  the director to conduct the following programs in accordance with
				  chapter
				  15.66 RCW:
(1)
Research.
The commission may
				research or enter into contracts or agreements for research in the production,
				irrigation, processing, transportation, marketing, use, or distribution of seed
				potatoes.
(2)
Marketing and
				sales promotion plans.
(a) Subject to
				the provisions of the act, the commission is hereby authorized to prepare
				plans, administer and conduct programs and expend moneys for marketing and
				sales promotion for promoting the sale of seed potatoes including, but not
				necessarily limited to, the following:
(i)
				Increasing the sales of Washington produced seed potatoes through the use of
				the press, radio, television and all other marketing media.
(ii) Trade promotion, publicity, market
				development and expansion activities.
(iii) Presentation of facts to and
				negotiations with state, federal, or foreign governmental agencies on matters
				which affect the marketing of seed potatoes produced in this state, and such
				other activities and programs which are consistent with the objectives of this
				marketing order and the act.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-520 - Seed potatoes › Section 16-520-020 - Seed potato commission - Structure, powers, duties, and procedure

Current through Register Vol. 24-14, July 15, 2024
(1)
Establishment and membership.
A seed potato commission is hereby
				established to administer this marketing order. The commission shall be
				composed of two members who shall be affected producers elected by the
				producers as provided in the act, and two members who shall be appointed by the
				director. In addition, the director shall be a voting member of the commission.
(a) Elected producer positions on the board
				shall be designated as positions 2 and 4.
(b) Director-appointed positions on the board
				shall be designated as positions 1 and 3.
(c) The position representing the director
				shall be designated as position 5.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-520 - Seed potatoes › Section 16-520-027 - Procedure for commission

Current through Register Vol. 24-14, July 15, 2024
(1)
				The commission may by resolution establish a headquarters which shall continue
				as such unless and until so changed by the commission, at which headquarters
				shall be kept the books, records and minutes of the commission
				meetings.
(2) The commission shall
				hold at least two regular meetings during each fiscal year with the time and
				date thereof to be fixed by the resolution of the commission. Notice of the
				time and place of regular meetings shall be published on or before January of
				each year in the
Washington State Register
. Notice of any
				change to the meeting schedule shall be provided in compliance with chapter
				42.30 RCW, the Open Public Meetings Act.
(3) The commission may hold special meetings
				as it may deem advisable and shall establish by resolution the time, place and
				manner of calling such special meetings with reasonable notice to the members,
				provided, that the notice to a member of any special meeting may be waived by a
				waiver from that member of the board. Notice for special meetings shall be in
				compliance with chapter 42.30 RCW.
(4) Any action taken by the commission shall
				require the majority vote of the members present provided a quorum is
				present.
(5) A quorum of the
				commission shall consist of at least three members.
(6) No members of the commission shall
				receive any salary or other compensation from the commission, except that each
				member shall be paid a specified sum to be determined by resolution of the
				commission, which rate shall not exceed the compensation rate set by
				RCW
				43.03.230 for each day spent in actual
				attendance at or traveling to and from meetings of the commission or on special
				assignments for the commission, together with subsistence and travel expenses
				in accordance with
				RCW
				43.03.050 and
				43.03.060. The commission may
				adopt by resolution provisions for reimbursement of actual travel expenses
				incurred by members of the commission in carrying out the provisions of this
				marketing order pursuant to
				RCW
				15.66.130.
Statutory Authority:
					 RCW
					 15.66.030,
					 15.66.053,
					 15.66.055, and
					 chapter
					 34.05 RCW. 10-22-008,
					 § 16-520-027, filed 10/21/10, effective
					 11/21/10.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-520 - Seed potatoes › Section 16-520-035 - Limitation of liability of commission members and employees

Current through Register Vol. 24-14, July 15, 2024
Obligations incurred by the commission and any other
				  liabilities or claims against the commission shall be enforced only against the
				  assets of the commission in the same manner as if it were a corporation and no
				  liability for the debts or actions of the commission shall exist against either
				  the state of Washington or any subdivision or instrumentality thereof or
				  against any other commission established pursuant to the act or the assets
				  thereof or against any member officer, employee or agent of the commission in
				  his or her individual capacity. The members of the commission, including
				  employees thereof, 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 his or her 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 member of the commission. The liability of the members of
				  the commission shall be several and not joint and no member shall be liable for
				  the default of any other member.
Statutory Authority:
					 RCW
					 15.66.030,
					 15.66.053,
					 15.66.055, and
					 chapter
					 34.05 RCW. 10-22-008,
					 § 16-520-035, filed 10/21/10, effective
					 11/21/10.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-520 - Seed potatoes › Section 16-520-040 - Assessments and assessment funds

Current through Register Vol. 24-14, July 15, 2024
(1)
Assessments levied.
There is
				hereby levied and there shall be collected by the commission, as provided in
				chapter 15.66 RCW, upon all seed potatoes of commercial quantities grown in the
				state an annual assessment which shall be paid by the producer thereof upon
				each and every hundredweight of seed potatoes sold, processed, delivered for
				sale or processing by him or her or stored or delivered for storage when such
				storage or delivery for storage is outside the boundaries of this state. The
				assessment shall then be set by the seed potato commission at a regular meeting
				before July 15th of each year, to become effective from September 1st of the
				same year to August 31st of the following year. The assessment shall not be
				less than one cent or more than ten cents per hundredweight. No assessment may
				be collected on the following:
(a) Seed
				potatoes of a producer's own production used by him or her on his or her own
				premises for seed, feed or personal consumption;
(b) Seed potatoes donated or shipped for
				relief or charitable purposes; or
(c) Sales on a producer's premises by a
				producer direct to a consumer of five hundred pounds or less of seed potatoes
				from a producer's own production.
No assessment levied or made collectable by the act under
				  this order shall exceed three percent of the total market value of all such
				  seed potatoes sold, processed or delivered for sale or processing by all
				  producers of seed potatoes for the fiscal year to which the assessment
				  applies.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-520 - Seed potatoes › Section 16-520-050 - 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 such information to the director or
				  the commission as may be necessary or required under the act or this order to
				  effectuate the purposes thereof. Any financial or commercial information and
				  records obtained by the director or commission are exempted from public
				  disclosure under the provisions of
				  RCW
				  15.66.105 and
				  42.56.380 and shall not be
				  disclosed to any other person save to a person with like right to obtain the
				  same or any attorney employed by the director or the commission to give legal
				  advice thereon or by court order.
Statutory Authority:
					 RCW
					 15.66.030,
					 15.66.053,
					 15.66.055, and
					 chapter
					 34.05 RCW. 10-22-008,
					 § 16-520-050, filed 10/21/10, effective 11/21/10; Marketing Order, Article
					 V, effective 10/1/56.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-520 - Seed potatoes › Section 16-520-060 - 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
					 10/1/56.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-520 - Seed potatoes › Section 16-520-071 - Requests for public records

Current through Register Vol. 24-14, July 15, 2024
(1)
				All requests for disclosure of public records must be submitted in writing
				directly to the commission's public records officer by mail to Washington State
				Seed Potato Commission, P.O. Box 286, Lynden, WA 98264. The request may also be
				submitted by fax to 360-354-7619. 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 16-520 - Seed potatoes › Section 16-520-075 - 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 16-520 - Seed potatoes › Section 16-520-080 - 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
				state seed 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 16-520 - Seed potatoes › Section 16-520-085 - 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 15.66 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 16-520 - Seed potatoes › Section 16-520-090 - 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 16-520 - Seed potatoes › RULES OF THE WASHINGTON STATE SEED POTATO COMMISSION › Section 16-520-110 - Collection of assessments

Current through Register Vol. 24-14, July 15, 2024
Such assessments shall become due and payable within thirty
					 days after levy of same and, if such fees are not paid within the prescribed
					 time, the state department of agriculture, division of horticulture, may
					 withdraw inspection or refuse to perform any inspection or certification
					 service for the person in arrears: Provided, Such horticultural inspector in
					 behalf of the commission may demand and collect the assessment prior to
					 inspecting and certifying any seed potatoes for such person.
Rule, filed 12/8/64; Emergency Rule, filed
						9/16/64.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-524 - Tulip, iris and narcissus bulbs (Repealed) › Section 16-524-002 - Director's findings and decision approving a marketing order (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Director's Findings and Final Decision, effective
					 1/26/56.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-524 - Tulip, iris and narcissus bulbs (Repealed) › Section 16-524-003 - Director's order making marketing order effective (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Order and Findings, effective
					 4/16/56.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-524 - Tulip, iris and narcissus bulbs (Repealed) › Section 16-524-010 - Definitions (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Marketing Order, Article I, effective
					 4/16/56.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-524 - Tulip, iris and narcissus bulbs (Repealed) › Section 16-524-020 - Bulb commission (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Marketing Order, Article II, effective
					 4/16/56.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-524 - Tulip, iris and narcissus bulbs (Repealed) › Section 16-524-030 - Marketing order purposes (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Marketing Order, Article III, effective
					 4/16/56.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-524 - Tulip, iris and narcissus bulbs (Repealed) › Section 16-524-040 - Assessments and assessment funds (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 15.66 RCW. 86-13-057
					 (Order 1891), § 16-524-040, filed 6/16/86, effective 7/18/86; Marketing
					 Order, Article IV, effective 4/16/56.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-524 - Tulip, iris and narcissus bulbs (Repealed) › Section 16-524-050 - Information reports (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Marketing Order, Article V, effective
					 4/16/56.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-524 - Tulip, iris and narcissus bulbs (Repealed) › Section 16-524-060 - Separability (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Marketing Order, Article VI, effective
					 4/16/56.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-524 - Tulip, iris and narcissus bulbs (Repealed) › Section 16-524-070 - Effective time (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Marketing Order, Article VII, effective
					 4/16/56.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-524 - Tulip, iris and narcissus bulbs (Repealed) › Section 16-524-110 - Producer's annual sales report-Form (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Form, (codified as WAC
					 16-524-110 ), adopted
					 6/10/57.
Reviser's note:
Filed with the code reviser's
					 office on February 23, 1960, was the following excerpt from the commission's
					 minutes of June 10th, 1957: "Mr. Fryar presented a copy of a revised form for
					 reporting bulb sales, which had the approval of the state department of
					 agriculture (copy attached). The date of December 1st was established as the
					 deadline for grower reporting. Mr. Staatz moved that the reporting form, as
					 presented, be formally adopted, Mr. Hatch seconded and the motion
					 carried."
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-529 - Washington alfalfa seed commission › Section 16-529-005 - Marketing order for Washington alfalfa seed - Policy statement

Current through Register Vol. 24-14, July 15, 2024
(1) The marketing
				of alfalfa seed 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 alfalfa seed be properly promoted by:
(a) Enabling producers of alfalfa seed to
				help themselves in establishing orderly, fair, sound, efficient, and unhampered
				marketing, grading, and standardizing of the alfalfa seed they produce;
				and
(b) Working towards stabilizing
				the agricultural industry by increasing production of alfalfa seed within the
				state.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-529 - Washington alfalfa seed commission › Section 16-529-006 - Marketing order purposes

Current through Register Vol. 24-14, July 15, 2024
This marketing order is to promote the general welfare of the
				  state and the Washington state alfalfa seed commodity board is designated by
				  the director to conduct the following programs in accordance with
				  chapter
				  15.65 RCW for the purpose
				  of maintaining existing markets or creating new or larger local, domestic, and
				  foreign markets; increasing production efficiency; ensuring a fair regulatory
				  environment; or increasing per capita consumption of alfalfa seed grown in
				  Washington state.
(1) To carry out the
				purposes of this chapter, the board shall provide for a program in one or more
				of the following areas:
(a) Establish plans
				and conduct programs for marketing, sales, promotion, and/or other programs for
				maintaining present markets and/or creating new or larger markets for alfalfa
				seed. Such programs shall be directed toward increasing the sale of alfalfa
				seed without reference to any particular brand or trade name and shall neither
				make use of false or unwarranted claims on behalf of alfalfa seed nor disparage
				the quality, value, sale, or use of any other agricultural commodity. The board
				may also engage in cooperative efforts in the domestic or foreign marketing of
				alfalfa seed.
(b) Provide for
				research in the production, harvesting, processing, irrigation, transportation,
				handling, and/or distribution of alfalfa seed and expend the necessary funds
				for such purposes. Insofar as practicable, such research shall be carried out
				by experiment stations of Washington State University, but if in the judgment
				of the board said experiment stations do not have adequate facilities for a
				particular project or if some other research agency has better facilities
				therefor, the project may be carried out by other research agencies selected by
				the board.
(c) Provide for
				collection and dissemination of information pertaining to alfalfa
				seed.
(d) Conduct programs for the
				purpose of providing information and education including:
(i) Marketing information and services for
				producers of alfalfa seed for the verification of grades, standards, weights,
				tests, and sampling of quality and quantity of alfalfa seed purchased by
				handlers from affected producers.
(ii) Information and services enabling
				producers to meet their resource conservation objectives.
(iii) Alfalfa seed-related education and
				training.
(e) Subject to
				the provisions of the act, provide information and communicate on matters
				pertaining to the production, irrigation, processing, transportation,
				marketing, or uses of alfalfa seed produced in Washington state to any elected
				official or officer or employee of any agency.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-529 - Washington alfalfa seed commission › Section 16-529-020 - The alfalfa seed commodity board - Administration

Current through Register Vol. 24-14, July 15, 2024
The provisions of this chapter and the applicable provisions
				  of the act shall be administered and enforced by the board as the designee of
				  the director.
Order 1, Article II, § A, filed 3/13/75, effective
					 7/1/75.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-529 - Washington alfalfa seed commission › Section 16-529-030 - Board membership

Current through Register Vol. 24-14, July 15, 2024
The board shall consist of eight members. Six members shall
				  be affected producers appointed or elected as provided in WAC
				  16-529-020 through
				  16-529-120. One member shall be an
				  affected handler appointed as provided in WAC
				  16-529-020 through
				  16-529-120. The director shall
				  appoint one member of the board who is neither an affected producer nor an
				  affected handler to represent the director. The position representing the
				  director shall be a voting member.
(1)
				Director-appointed positions on the board shall be designated as position 2,
				position 4, position 6, and position 7. The affected handler member of the
				board shall be position 7.
(2)
				Elected affected producer positions on the board shall be designated as
				position 1, position 3, and position 5.
(3) The position representing the director
				who is neither an affected producer nor an affected handler shall be designated
				as position 8.
Statutory Authority:
					 Chapters
					 15.65 and
					 34.05 RCW. 08-16-014, §
					 16-529-030, filed 7/25/08, effective 8/25/08. Statutory Authority:
					 RCW
					 15.65.047 and
					 chapter
					 34.05 RCW. 05-08-010,
					 § 16-529-030, filed 3/25/05, effective 4/25/05. Statutory Authority:
					 Chapter
					 15.65 RCW. 85-10-015
					 (Order 1850), § 16-529-030, filed 4/22/85, effective 6/1/85; Order 1,
					 Article II, § B, filed 3/13/75, effective
					 7/1/75.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-529 - Washington alfalfa seed commission › Section 16-529-040 - Board membership qualifications

Current through Register Vol. 24-14, July 15, 2024
(1) The affected producer members of the
				board must be practical producers of alfalfa seed and each shall be a citizen
				and resident of this state, over the age of eighteen years. Each affected
				producer board member must be and have been actually engaged in producing
				alfalfa seed within the state of Washington for a period of five years and has
				during that time derived a substantial portion of his/her income therefrom and
				is not engaged in business, directly or indirectly, as a handler or other
				dealer.
(2) The affected handler
				member of the board must be a practical handler of alfalfa seed and shall be a
				citizen and resident of this state, over the age of eighteen years. The
				affected handler board member must be and have been, either individually or as
				an officer or an employee of a corporation, firm, partnership, association, or
				cooperative, actually engaged in handling alfalfa seed within the state of
				Washington for a period of five years and has during that period derived a
				substantial portion of his/her income therefrom.
(3) The qualifications of members of the
				board must continue during their term of office.
(4) To accomplish the transition to a
				commodity board structure where the director appoints a majority of the board
				members, the names of the currently elected board members in positions 2, 4, 6,
				and 7 shall be forwarded to the director for appointment within thirty days of
				the effective date of this amended marketing order.
Statutory Authority:
					 RCW
					 15.65.047 and
					 chapter
					 34.05 RCW. 05-08-010,
					 § 16-529-040, filed 3/25/05, effective 4/25/05; Order 1, Article II,
					 § C, filed 3/13/75, effective
					 7/1/75.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-529 - Washington alfalfa seed commission › Section 16-529-050 - Term of office

Current through Register Vol. 24-14, July 15, 2024
The term of office for members of the board shall be three
				  years, and one-third of the membership as nearly as possible shall be appointed
				  or elected each year.
Statutory Authority:
					 RCW
					 15.65.047 and
					 chapter
					 34.05 RCW. 05-08-010,
					 § 16-529-050, filed 3/25/05, effective 4/25/05; Order 1, Article II,
					 § D, filed 3/13/75, effective
					 7/1/75.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-529 - Washington alfalfa seed commission › Section 16-529-060 - Nomination of elected or director-appointed board members

Current through Register Vol. 24-14, July 15, 2024
(1) For the purpose
				of nominating candidates for appointment or election to board membership, the
				director shall call a separate nomination meeting of affected producers and
				affected handlers.
(2) Each year
				the director shall call a nomination meeting for both elected and
				director-appointed affected producer and affected handler board members whose
				board members' terms are about to expire. The meeting(s) shall be held at least
				30 days in advance of the date set by the director for the election or advisory
				vote of board members.
(a) Written notice of
				every such meeting shall be given to all affected producers, and to all
				handlers, according to the list maintained by the board pursuant to
				RCW
				15.65.295.
(b) Nonreceipt of notice by any interested
				person shall not invalidate the proceedings at such nomination
				meeting.
(c) Any qualified affected
				producer or affected handler may be nominated orally for membership on the
				board at a nomination meeting. Nominations may also be made within five days
				after the nomination meeting by written petition filed with the director,
				signed by not less than three affected producers or affected
				handlers.
(d) When only one nominee
				is nominated by the affected producers for any position,
				RCW
				15.65.250 shall apply.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-529 - Washington alfalfa seed commission › Section 16-529-070 - Election or advisory vote of board members

Current through Register Vol. 24-14, July 15, 2024
(1) An election or
				advisory vote shall be conducted by secret ballot under the supervision of the
				director. Each affected producer and affected handler shall be entitled to one
				vote.
(2) Elected affected producer
				members of the board shall be elected by a majority of the votes cast by the
				affected producers statewide.
If a nominee does not receive a majority of the votes on the
				  first ballot, a runoff election shall be held by mail in a similar manner
				  between the two candidates for such position receiving the largest number of
				  votes.
(3) An advisory vote
				shall be conducted for affected producer or affected handler board members
				appointed by the director under the provisions of
				RCW
				15.65.243. The names of the two candidates
				receiving the most votes in the advisory vote shall be forwarded to the
				director for potential appointment to the board. In the event there are only
				two candidates nominated for a board position, an advisory vote may not be held
				and the candidates' names shall be forwarded to the director for potential
				appointment.
(4) Not less than 10
				days prior to every election or advisory vote for board membership, the
				director shall mail a ballot of the candidates to each affected producer and
				affected handler entitled to vote whose name appears upon the list of such
				affected producers and affected handlers as maintained by the board pursuant to
				RCW
				15.65.295. Any other affected producer or
				affected handler entitled to vote may obtain a ballot by application to the
				director upon establishing his/her qualifications.
(5) Nonreceipt of a ballot by an affected
				producer or affected handler shall not invalidate the election or advisory vote
				of any board member.
Statutory Authority:
					 Chapters
					 15.65 and
					 34.05 RCW. 08-16-014, §
					 16-529-070, filed 7/25/08, effective 8/25/08. Statutory Authority:
					 RCW
					 15.65.047 and
					 chapter
					 34.05 RCW. 05-08-010,
					 § 16-529-070, filed 3/25/05, effective 4/25/05; Order 1, Article II,
					 § F, filed 3/13/75, effective
					 7/1/75.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-529 - Washington alfalfa seed commission › Section 16-529-080 - Vacancies

Current through Register Vol. 24-14, July 15, 2024
(1) In the event of
				a vacancy on the board in an elected position, the remaining members shall
				select a qualified person to fill the unexpired term. The appointment shall be
				made at the board's first or second meeting after the position becomes
				vacant.
(2) In the event of a
				vacancy in a director-appointed position, the position shall be filled as
				specified in
				RCW
				15.65.270.
Statutory Authority:
					 RCW
					 15.65.047 and
					 chapter
					 34.05 RCW. 05-08-010,
					 § 16-529-080, filed 3/25/05, effective 4/25/05; Order 1, Article II,
					 § G, filed 3/13/75, effective
					 7/1/75.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-529 - Washington alfalfa seed commission › Section 16-529-090 - Quorum

Current through Register Vol. 24-14, July 15, 2024
A majority of the voting members shall constitute a quorum
				  for the transaction of all business and the carrying out of all duties of the
				  board.
Order 1, Article II, § H, filed 3/13/75, effective
					 7/1/75.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-529 - Washington alfalfa seed commission › Section 16-529-100 - Board compensation

Current through Register Vol. 24-14, July 15, 2024
No member of the board shall receive any salary or other
				  compensation, but each member shall receive an amount not to exceed the amount
				  specified in
				  RCW
				  43.03.230 for actual attendance on or
				  traveling to and from meetings of the board or on special assignment for the
				  board, together with subsistence and traveling expenses incurred in carrying
				  out the duties of the board in accordance with
				  RCW
				  43.03.050 and
				  43.03.060: Provided, That the
				  board may adopt by resolution provisions for reimbursement of actual travel
				  expenses incurred by members and employees of the board in carrying out the
				  provisions of this marketing order pursuant to
				  RCW
				  15.65.270.
Statutory Authority:
					 RCW
					 15.65.047 and
					 chapter
					 34.05 RCW. 05-08-010,
					 § 16-529-100, filed 3/25/05, effective 4/25/05; Order 1, Article II,
					 § I, filed 3/13/75, effective
					 7/1/75.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-529 - Washington alfalfa seed commission › Section 16-529-120 - Procedures for board

Current through Register Vol. 24-14, July 15, 2024
(1) The
				board shall hold regular meetings, at least quarterly, with the time and date
				thereof to be fixed by resolution of the board. Notice of the time and place of
				regular meetings shall be published on or before January of each year in the
Washington State Register
. Notice of any change to the meeting
				schedule shall be published in the state register at least twenty days prior to
				the rescheduled meeting date.
(2)
				The board shall hold an annual meeting, at which time an annual report will be
				presented. The proposed budget shall be presented for discussion at the
				meeting. Notice of the annual meeting shall be given by the board at least ten
				days prior to the meeting through regular wire news services and radio,
				television, and press.
(3) The
				board shall establish by resolution, the time, place, and manner of calling
				special meetings with reasonable notice to the members: Provided, That the
				notice to a member of any special meeting may be waived by a waiver from that
				member of the board. Notice for special meetings shall be in compliance with
				chapter
				42.30 RCW.
Statutory Authority:
					 RCW
					 15.65.047 and
					 chapter
					 34.05 RCW. 05-08-010,
					 § 16-529-120, filed 3/25/05, effective 4/25/05; Order 1, Article II,
					 § K, filed 3/13/75, effective
					 7/1/75.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-529 - Washington alfalfa seed commission › Section 16-529-140 - Assessments

Current through Register Vol. 24-14, July 15, 2024
(1) The fixed
				annual assessment on all varieties of alfalfa seed subject to this marketing
				order shall be 75 cents per hundredweight of cleaned seed, which shall be paid
				by the producer thereof upon each and every unit sold, marketed, or delivered
				for sale by him.
(2) First handlers
				or purchasers shall collect assessments at time of payment for seed from
				producers whose production they handle and remit the same to the board in
				accordance with procedures adopted by the board.
Producers and producer-handlers who ship their alfalfa seed
				  direct to handlers outside of the state of Washington shall remit assessments
				  to the board at time of shipment.
Statutory Authority:
					 Chapter
					 15.65 RCW. 79-07-061
					 (Order 1639), § 16-529-140, filed 6/27/79, effective 8/1/79; Order 1,
					 Article IV, § A, filed 3/13/75, effective
					 7/1/75.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-529 - Washington alfalfa seed commission › Section 16-529-150 - Collections

Current through Register Vol. 24-14, July 15, 2024
Any moneys collected or received by the board pursuant to the
				  provisions of this order during or with respect to any season or year may be
				  refunded on a pro rata basis at the close of such season or year or at the
				  close of such longer period as the board determines to be reasonably adapted to
				  effectuate the declared policies of this act and the purposes of the marketing
				  order to all persons from whom moneys were collected or received, or may be
				  carried over into and used with respect to the next succeeding season, year, or
				  period whenever the board finds that the same will tend to effectuate such
				  policies and purposes.
Statutory Authority:
					 RCW
					 15.65.047 and
					 chapter
					 34.05 RCW. 05-08-010,
					 § 16-529-150, filed 3/25/05, effective 4/25/05. Statutory Authority:
					 RCW
					 15.65.050. 96-03-151 (Order 5090), §
					 16-529-150, filed 1/24/96, effective 2/24/96; Order 1, Article IV, § B,
					 filed 3/13/75, effective 7/1/75.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-529 - Washington alfalfa seed commission › Section 16-529-160 - Penalties

Current through Register Vol. 24-14, July 15, 2024
Any due and payable assessment herein levied in such
				  specified amount as may be determined by the board pursuant to the provisions
				  of the act and this chapter, shall constitute a personal debt of every person
				  so assessed or who otherwise owes the same, and the same shall be due and
				  payable to the board when payment is called for by it. In the event any person
				  fails to pay the board the full amount of such assessment or such other sum on
				  or before the date due, the board may, and is hereby authorized to add to such
				  unpaid assessment or sum an amount not exceeding ten percent of the unpaid
				  assessment to defray the cost of enforcing the collecting of the assessment. In
				  the event of failure of such person or persons to pay any due and payable
				  assessment or other sum, the board may bring a civil action against the person
				  or persons in a state court of competent jurisdiction for the collection
				  thereof, together with the above specified ten percent, and the action shall be
				  tried and judgment rendered as in any other cause of action for debt due and
				  payable.
Statutory Authority:
					 RCW
					 15.65.047 and
					 chapter
					 34.05 RCW. 05-08-010,
					 § 16-529-160, filed 3/25/05, effective 4/25/05; Order 1, Article IV,
					 § C, filed 3/13/75, effective
					 7/1/75.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-529 - Washington alfalfa seed commission › Section 16-529-170 - 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 by them by the act or
				  this chapter, 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 chapter 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 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 1, Article V, § A, filed 3/13/75, effective
					 7/1/75.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-529 - Washington alfalfa seed commission › Section 16-529-180 - Board is commission

Current through Register Vol. 24-14, July 15, 2024
In order to conform with accepted usage and nomenclature of
				  the Washington state agricultural community, the board shall be referred to as
				  the Washington alfalfa seed commission.
Order 1, Article VI, § A, filed 3/13/75, effective
					 7/1/75.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-529 - Washington alfalfa seed commission › Section 16-529-190 - 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. 05-08-010,
					 § 16-529-190, filed 3/25/05, effective 4/25/05; Order 1, Article VII,
					 § A, filed 3/13/75, effective
					 7/1/75.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-529 - Washington alfalfa seed commission › Section 16-529-200 - Effective time

Current through Register Vol. 24-14, July 15, 2024
This marketing order for alfalfa seed shall become effective
				  after having been approved in a referendum of affected producers, by at least
				  51% of the affected producers of alfalfa seed having at least 65% of the volume
				  of alfalfa seed produced, or by at least 65% of the affected producers of
				  alfalfa seed having at least 51% of the volume of alfalfa seed produced, and
				  after having been filed with the code reviser for not less than thirty
				  days.
Statutory Authority:
					 RCW
					 15.65.047 and
					 chapter
					 34.05 RCW. 05-08-010,
					 § 16-529-200, filed 3/25/05, effective 4/25/05; Order 1, Article VIII,
					 § A, filed 3/13/75, effective
					 7/1/75.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-529 - Washington alfalfa seed commission › Section 16-529-210 - 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 1, Article IX, § A, filed 3/13/75, effective
					 7/1/75.