Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › HORTICULTURE-FEES-STANDARDS › Chapter 16-461 - Inspection requirements for fruits and vegetables › Section 16-461-006 - Definitions

Current through Register Vol. 24-14, July 15, 2024
"Certificate of compliance" means a shipping document issued
				  by the fruit and vegetable industry attesting that the identified fruits or
				  vegetables are known to be in full compliance with provisions of
				  chapter
				  15.17 RCW. The member of
				  the fruit and vegetable industry issuing the certificate of compliance has the
				  sole responsibility of fairly and accurately representing the quality and
				  quantity of fruits and vegetables listed on the certificate of
				  compliance.
"Civil penalty" means a monetary penalty administratively
				  issued by the director for noncompliance with
				  chapter
				  15.17 RCW and the rules
				  adopted under that chapter. The term does not include any criminal penalty,
				  damage assessment, wages, premiums, or taxes owed, or interest or late fees on
				  any existing obligation.
"Commercial lot" means any number and type of containers or
				  any quantity in bulk of agricultural products listed in WAC
				  16-461-010, which are sold or
				  bartered. Any quantity of less than five hundred pounds net weight, when grown
				  and sold by the producer directly to the ultimate consumer, is not considered a
				  commercial lot.
"Department" means the Washington state department of
				  agriculture (WSDA).
"Director" means the director of the Washington state
				  department of agriculture or the director's designated representative.
"First violation" means the alleged violator has committed no
				  same or similar violation within three years of committing the current alleged
				  act(s).
"Fruit or vegetable stand" means any facility from which
				  seasonal fresh fruits or vegetables produced within the state of Washington are
				  sold to the public. Fruit or vegetable stand includes roadside stands, farmer's
				  markets, trucks or other conveyances and temporary open air parking lot stands
				  other than those owned or operated by retail grocery stores. Such facilities
				  may or may not be owned, leased, or otherwise operated by the producer of the
				  fruits or vegetables.
"Notice of correction" means a document issued by the
				  department that describes a violation under
				  chapter
				  15.17 RCW or the rules
				  adopted under that chapter. A notice of correction identifies a violation but
				  is not a formal enforcement action. It is not subject to appeal and is a public
				  record. A violation identified in a notice of correction can be a "first
				  violation" even though not subject to a civil penalty if the correction
				  requirements are met.
"Second violation" means the alleged violator committed one
				  same or similar violation within three years of committing the current
				  violation.
"Shipping permit" means a shipping document issued by the
				  director attesting that the fruits or vegetables are known to be in compliance
				  with the provisions of
				  chapter
				  15.17 RCW and this
				  chapter.
"Third violation" means the alleged violator committed two
				  same or similar violations within three years of committing the current
				  violation.
"Violation" means commission of an act or acts prohibited by
				  chapter
				  15.17 RCW, this chapter,
				  or rules adopted under
				  chapter
				  15.17 RCW. Failure to
				  perform any act required by
				  chapter
				  15.17 RCW, this chapter,
				  or rules adopted under
				  chapter
				  15.17 RCW is a
				  violation.
"Zone of production" means for Zone 1 all counties west of
				  the Cascade Mountain Range and for Zone 2 the following counties : Adams,
				  Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant,
				  Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Skamania, Spokane,
				  Stevens, Walla Walla, Whitman, and Yakima.
Statutory Authority:
					 Chapter
					 15.17 RCW. 92-18-103,
					 § 16-461-006, filed 9/2/92, effective 10/3/92; 92-06-085, §
					 16-461-006, filed 3/4/92, effective
					 4/4/92.