reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-213 - Miscellaneous agricultural commodity inspection standards › Section 16-213-200 - Buckwheat inspection definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Buckwheat" means grain which before the
				removal of dockage consists of fifty percent or more of whole kernels of
				buckwheat (domestic varieties). The term "buckwheat" in these standards shall
				not include wild buckwheat.
(2)
				"Dockage" means all matter other than buckwheat which can be readily removed
				from a test portion of the original sample by use of the approved device in
				accordance with the procedures as set down in these standards.
(3) "Foreign material" means all matter other
				than buckwheat which remains in the sample after the removal of
				dockage.
(4) "Moisture" means a
				percentage ascertained by the air oven or by any device and method which gives
				equivalent results.
(5)
				"Percentages" means percentages ascertained by weight except in the case of
				moisture.
(6) "Sample grade
				buckwheat" means buckwheat which has a commercially objectionable foreign odor;
				or is musty, sour, heating, or hot; or contains eight or more stones per one
				thousand grams; or fails to meet the grade requirements of Washington numerical
				grades, or is otherwise distinctly low quality.
(7) "Stones" means concreted, earthy, or
				mineral matter or other substances of similar hardness that do not disintegrate
				readily in water.
(8) "Test weight
				per bushel" means the weight as determined per Winchester bushel (35.24 liters)
				or as determined by any device and method which gives equivalent
				results.
(9) "Type" of buckwheat
				(large or small) means the result determined by sizing a portion using an 8/64
				x 3/4 slotted sieve, and shall be added to and made a part of the grade
				designation.
(a) The designation shall be
				"large" when twenty percent or less of the buckwheat passes through an 8/64 x
				3/4 slotted sieve.
(b) The
				designation shall be "small" when more than twenty percent of the buckwheat
				passes through an 8/64 x 3/4 slotted sieve.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-213 - Miscellaneous agricultural commodity inspection standards › Section 16-213-210 - Procedures

Current through Register Vol. 24-14, July 15, 2024
(1) The
				determination of dockage shall be on approximately nine hundred seventy-five to
				one thousand twenty-five grams cut from the representative sample.
(a) The Carter dockage tester shall be set up
				as follows:
(i) Set the air control at number
				six;
(ii) Set the feed control at
				number six;
(iii) Use the number
				two riddle in the riddle carriage;
(iv) Use no sieve in the top sieve
				carriage;
(v) Use the number eight
				sieve in the middle sieve carriage;
(vi) Use the number six sieve in the bottom
				sieve carriage.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-213 - Miscellaneous agricultural commodity inspection standards › Section 16-213-260 - Cracked corn, corn screenings, and mixed grain screenings inspection definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
				"Cracked corn" is a byproduct of the elevating, transporting, or cleaning of
				corn. Cracked corn is the entire corn kernel, broken, ground, or fractured.
				Cracked corn may contain incidental whole kernels of corn. Cracked corn may be
				"yellow" or "white" if one color constitutes ninety percent or more of the
				mixture. Cracked corn may not contain more than four percent of admixture
				(foreign material).
(2) "Corn
				screenings" is a byproduct of the elevating, transporting, or cleaning of corn.
				Corn screenings is the entire corn kernel, broken, ground, or fractured. Corn
				screenings may contain incidental whole kernels of corn. Corn screenings must
				consist of seventy percent or more of corn, whole and broken, and may contain
				not more than thirty percent of admixture.
(3) "Mixed grain screenings" is a byproduct
				of the elevating, transporting, or cleaning of grain. Grain screenings is the
				entire grain kernel, broken, ground, or fractured. Mixed grain screenings may
				contain incidental whole kernels of grain. Mixed grain screenings must consist
				of seventy percent or more of whole, light, and broken kernels of wheat,
				barley, oats, corn, rye, flaxseed, sorghum, triticale, soybeans, or wild oats
				in combination. Mixed grain screenings may contain not more than thirty percent
				of other foreign material.
(4)
				"Admixture" in cracked corn or corn screenings means foreign material and
				standardized grains other than corn.
(5) "Other foreign material" in mixed grain
				screenings means material other than standardized grains under the United
				States Grain Standards Act and wild oats.
(6) "Test weight per bushel" means the weight
				per winchester bushel (35.24 liters) or as determined by any device and method
				which gives equivalent results.
(7)
				"Moisture" means a percentage ascertained by the air oven method or by any
				device and method which gives equivalent results.
Statutory Authority:
					 Chapter
					 22.09 RCW. 00-08-041,
					 § 16-213-260, filed 3/30/00, effective 4/30/00; 87-08-030 (Order 1919),
					 § 16-213-260, filed 3/26/87.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-213 - Miscellaneous agricultural commodity inspection standards › Section 16-213-270 - Cracked corn, corn screenings, and mixed grain screenings inspection procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
				The determination of cracked corn, yellow or white in cracked corn, corn
				screenings or mixed grain screenings shall be made on a representative portion
				of approximately thirty grams cut from the representative sample.
(a) In the case of cracked corn and corn
				screenings, the percentage of admixture shall be determined and recorded on the
				inspection certificate in whole and tenths of a percent to the nearest tenth of
				a percent.
(b) In the case of mixed
				grain screenings, the percentage of other foreign material shall be determined
				and recorded on the inspection certificate in whole and tenths of a percent to
				the nearest tenth of a percent.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-218 - Hops - Certification analyses - Fees › Section 16-218-015 - Fees for the certification of hops

Current through Register Vol. 24-14, July 15, 2024
(1) Based upon standards established by the
				Federal Grain Inspection Service of the United States Department of
				Agriculture, the Washington state department of agriculture's (department) fees
				for the certification of hops are:
Type of Inspection and Other
							 Service
Fee Charged for Inspection and Other
							 Service
(a) Official lot inspections and certification for
							 baled hops.
$1.81 per bale with a minimum charge of $44.00 per
							 lot for official inspection and grading with certification.
(b) Official lot inspection and/or certification for
							 alternative methods of packaging hops, or other services for which no fee has
							 been established.
A contract fee may be negotiated, based on the
							 agency's costs to furnish the services.
(c) Submitted sample inspections and
							 certification.
$217.50 for an unofficial sample submitted for
							 grading with certification of a quantity not to exceed 100,000 lbs. of dried
							 hops.
(d) Appeal inspections.
The Federal Grain Inspection Service in Portland,
							 Oregon establishes the charges for appeal inspections, and payments for such
							 inspections must be made to them. Department time for sampling, handling and
							 administration regarding appeal inspections will be assessed at the sampler
							 hourly rate.
(2)
(a) Before official sampling of baled hops
				takes place, each and every bale in a lot of hops must be readily accessible so
				that:
(i) Each bale can be properly stenciled;
				and
(ii) Samples can be drawn from
				the bales selected by the inspector.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-218 - Hops - Certification analyses - Fees › Section 16-218-025 - Fees for chemical analysis regarding brewing values and additional constituents in raw hops, hop extract, hop pellets and hop powder

Current through Register Vol. 24-14, July 15, 2024
(1) Before official sampling of baled hops
				takes place, each and every bale in a lot of hops must be readily accessible so
				that:
(a) Each bale can be properly stenciled
				(not done for brewing value only sampling); and
(b) Samples can be drawn from the bales
				selected by the inspector.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-218 - Hops - Certification analyses - Fees › Section 16-218-035 - Fees for issuing export certificates for hops and hop products

Current through Register Vol. 24-14, July 15, 2024
The department charges the following fees for issuing
				  certificates related to hops and hop products:
Type of Certificate
Fee for Each Certificate
(1) State phytosanitary certificates
$36.00
(2) Other certificates attesting to origin,
							 compliance with standards of other states or nations or specifications of
							 contracts, or conditions of production or processing
$29.00
Statutory Authority:
					 Chapters
					 22.09 and
					 34.05 RCW, 2003 1st sp.s. c 25
					 § 309(2). 05-07-150, § 16-218-035, filed 3/23/05, effective
					 4/23/05.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-218 - Hops - Certification analyses - Fees › Section 16-218-040 - Payment of fees and charges

Current through Register Vol. 24-14, July 15, 2024
(1)
				The department will bill for services rendered.
(2) The fees and charges billed are due to
				the department within thirty days of the statement date.
(3) If the department does not receive
				payment within thirty days of the statement date, the department may:
(a) Withhold services until The delinquent
				account is paid; and
(b) Accept
				only cash payments for future services rendered.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-218 - Hops - Certification analyses - Fees › Section 16-218-050 - Commodity cooperative service agreement fees

Current through Register Vol. 24-14, July 15, 2024
In addition to all other applicable fees, commodity
				  cooperative service agreement fees for commodity inspection services (pulses,
				  hops, and miscellaneous processed commodities), excluding rice, will be
				  assessed at the current percentage rate identified in Federal Grain Inspection
				  Service (FGIS) Directive 9180.74 (Service Fees and Billing Codes, Attachment
				  4). The assessed fees must exclude travel, mailing expenses, and state and
				  local taxes. Invoices will identify assessed commodity cooperative service
				  agreement fees as separate line items.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1010 - What are the definitions that apply to this chapter?

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this
				  chapter, unless the context requires otherwise:
(1) "Above ground" means situated on the
				surface of the ground, not to include treatment of below ground tunnels,
				burrows and/or nests.
(2)
				"Agricultural commodity" means any plant, or part of a plant, or animal, or
				animal product, produced by a person (including farmers, ranchers,
				vineyardists, plant propagators, Christmas tree growers, aquaculturists,
				floriculturists, orchardists, foresters, or other comparable persons) primarily
				for sale, consumption, propagation, or other use by people or
				animals.
(3) "Authorized agent" is
				any individual who is authorized to act on behalf of a certified applicator for
				the purpose of purchasing pesticides.
(4) "Bait box" for rodenticides is a box
				constructed of durable metal, wood, plastic, or other treated material. It
				shall be designed to hold rodent bait securely, allow rodents to enter and
				leave, and prevent unauthorized individuals and nonpest domestic animals from
				gaining access to the bait. Baits placed in industrial, commercial or other
				areas that are accessible to the public shall be contained in tamper resistant
				bait boxes. Fragile materials are unacceptable.
(5) "Bait station" may be any location where
				baits are placed to allow target pests to gain access to the bait.
(6) "Blossoming plants" means:
(a) When there are five or more open blooms
				per square yard on average in a given field; or
(b) When there are one or more open blooms
				per tree or vine in an orchard or vineyard; or
(c) When there are five or more open weed
				blooms per square yard on average for the area being measured for groundcover
				in orchards or vineyards, fence lines, ditch banks, or field, vineyard or
				orchard edges. This definition shall not apply to plants that are not
				attractive to bees (e.g., lentils, hops, peas (Pisum sp.), pears (second bloom)
				and potatoes). For the purposes of this definition, "bloom" means a flower
				head, raceme or spike with one or more open flowers.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1020 - What are the rights of complainants?

Current through Register Vol. 24-14, July 15, 2024
If an inspection is conducted by the department of an area in
				  which a pesticide violation is believed to have occurred, a complainant
				  shall:
(1) Be promptly provided by the
				department, with the department's decision, as set forth in the "notice of
				intent to assess civil penalty and/or deny, suspend, or revoke a license," or
				in any document issuing a warning or determination of no action. The department
				will endeavor to provide notice concurrently with the department's service of
				the document on the alleged violator.
(2) Be entitled, upon written request to the
				department, to have his or her name protected from disclosure in any
				communication with persons outside the department and in any record published,
				released, or made available pursuant to chapter 17.21 RCW: Provided that in any
				adjudicative proceeding under
				chapter
				34.05 RCW the identity of
				complainant shall be disclosed to the alleged violator upon written request of
				the alleged violator.
(3) Be
				otherwise entitled to those rights of persons aggrieved as set forth in WAC
				16-228-1030 except that the
				complainant shall be provided, automatically without request, a copy of the
				final department decision.
Statutory Authority: Chapters 17.21, 15.58,
					 34.05 RCW. 03-22-029, §
					 16-228-1020, filed 10/28/03, effective 11/28/03. Statutory Authority:
					 Chapters
					 15.54, 15.58 and 17.21
					 RCW. 99-22-002, § 16-228-1020, filed 10/20/99, effective
					 11/20/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1030 - What are the rights of person aggrieved?

Current through Register Vol. 24-14, July 15, 2024
A person aggrieved shall:
(1) Be entitled to be notified promptly of
				any final action taken by the department concerning an investigation under
				chapter 17.21 RCW. The department will provide notice at the same time as a
				service of notice on the violator: Provided that such person has made timely
				written application to the department requesting such notice. Written
				application to the department requesting such notice shall be received no later
				than the date of service of a final order.
(2) Within thirteen calendar days of the date
				of mailing of a final order to a person aggrieved, the person aggrieved may
				request in writing that the director reconsider the matter, shall specify in
				writing why they believe the penalty decision is inappropriate, and the
				department will serve the request on the violator.
(3) Following the request in writing, the
				director will reconsider the entire matter including any written statement
				submitted by any party, and may adjust the penalty decision set forth in the
				final order if the director finds that the penalty was inappropriate.
(4) If such person is aggrieved by the
				director's order on reconsiderations, within twenty calendar days of service of
				the order he or she may request in writing an adjudicative proceeding under
				chapter
				34.05 RCW, shall specify
				in writing why he or she believes the penalty decision is inappropriate, and
				the department shall serve the request on the alleged violator. The subject of
				such proceeding shall be limited to the appropriateness of the penalty decision
				of the director on reconsideration based on a review of the record as
				supplemented by any new evidence received by the presiding officer. The alleged
				violator shall be given notice and an opportunity to participate in the
				proceeding by the department. The proceeding shall be heard by a presiding
				officer who has not heard the adjudicative proceeding on the merits against the
				alleged violator.
				Chapter
				34.05 RCW and chapter
				16-08 WAC shall govern the conduct of such proceeding and any review.
(5) Upon the filing of any request for
				proceeding pursuant to subsection (2) of this section, any final order of the
				director shall be automatically stayed pending resolution of such request and
				expiration of any time period for pursuing additional relief. The director
				shall provide written notice to the alleged violator of any such resolution,
				thereby reinstituting the rights of the alleged violator to seek further
				relief.
Statutory Authority: Chapters 17.21, 15.58,
					 34.05 RCW. 03-22-029, §
					 16-228-1030, filed 10/28/03, effective 11/28/03. Statutory Authority:
					 Chapters
					 15.54, 15.58 and 17.21
					 RCW. 99-22-002, § 16-228-1030, filed 10/20/99, effective
					 11/20/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1040 - How soon must the department respond to a complaint?

Current through Register Vol. 24-14, July 15, 2024
Upon receipt of a verified report of loss as set forth in
				  RCW
				  17.21.190 or alleged violation of chapters
				  17.21 or 15.58 RCW or the accompanying rules, the department shall initiate an
				  investigation. Investigation of a complaint concerning immediate acute
				  pesticide exposure to humans or animals shall be initiated immediately. Other
				  complaint investigations shall be initiated no later than forty-eight hours
				  after receipt of the verified report of loss.
Statutory Authority: Chapters 17.21, 15.58,
					 34.05 RCW. 03-22-029, §
					 16-228-1040, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters
					 15.58, 17.21 RCW. 00-22-073, § 16-228-1040, filed 10/30/00, effective
					 11/30/00. Statutory Authority:
					 Chapters
					 15.54, 15.58 and 17.21
					 RCW. 99-22-002, § 16-228-1040, filed 10/20/99, effective
					 11/20/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1100 - Basis for penalties

Current through Register Vol. 24-14, July 15, 2024
For the purpose of fair, uniform determination of penalty as
				  set forth in WAC
				  16-228-1110 through
				  16-228-1150, the director hereby
				  declares:
(1) Regulatory action is
				necessary to deter violations of the pesticide laws and rules, and to educate
				persons about the consequences of such violation(s); and
(2) Any regulatory action taken by the
				department against any person who violates the provisions of chapter 15.58 or
				17.21 RCW, or the rules adopted thereunder shall be commensurate with the
				seriousness of the violation under the circumstances; and
(3) Each person shall be treated fairly in
				accordance with the rules set forth in this chapter.
Statutory Authority: Chapters 17.21, 15.58,
					 34.05 RCW. 03-22-029, §
					 16-228-1100, filed 10/28/03, effective 11/28/03. Statutory Authority:
					 Chapters
					 15.54, 15.58 and 17.21
					 RCW. 99-22-002, § 16-228-1100, filed 10/20/99, effective
					 11/20/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1110 - Definitions specific to penalties

Current through Register Vol. 24-14, July 15, 2024
In addition to the definitions set forth in
				  RCW
				  17.21.020,
				  15.58.030, and WAC
				  16-228-1010, the following shall
				  apply to WAC
				  16-228-1100 through
				  16-228-1150:
(1) "Adverse effect(s)" means that the
				alleged activity or mishap actually causes or creates the possibility of
				damage, injury, or a public health threat to, or endangerment of, humans,
				animals, plants, property, the environment, or beneficial pollinating insects.
				This term includes circumstances when a wood destroying organism inspection has
				been performed in a faulty, careless or negligent manner.
(2) "Beneficial pollinating insects" means
				those insects commonly considered as pollinators. This term does not include
				any of the following:
(a) Insects in any life
				stage that are presenting a current harm to humans, animals, plants, property,
				or the environment;
(b) Insects in
				any life stage normally considered to be a pest;
(c) Insects which the director declares to be
				a pest; and
(d) Any pollinating
				insect that may be incidentally adversely affected by any properly licensed
				public health vector control program as a result of that program's normal
				operations done in compliance with the law and which operates with reasonable
				care.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1115 - Civil penalty may be issued prior to a notice of correction

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to
				RCW
				43.05.100 a notice of correction may be
				issued by the department when they become aware of conditions or conduct or
				both that are not in compliance with the applicable laws and rules enforced by
				the department. The issuance of a notice of correction by the department shall
				not constitute a previous violation for purposes of WAC
				16-228-1110(5),
				but may, at the discretion of the department, be considered as an aggravating
				factor for the purposes of WAC
				16-228-1120(2).
(2) Prior to issuing a civil penalty for a
				violation of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder, the
				department shall comply with the requirements of
				RCW
				43.05.110.
				RCW
				43.05.110 provides that the department of
				agriculture may issue a civil penalty provided for by law without first issuing
				a notice of correction if:
(a) The person has
				previously been subject to an enforcement action for the same or similar type
				of violation of the same statute or rule or has been given previous notice of
				the same or similar type of violation of the same statute or rule; or
(b) compliance is not achieved by the date
				established by the department in a previously issued notice of correction, if
				the department has responded to any request for review of such date by
				reaffirming the original date or establishing a new date;
(c) the violation has a probability of
				placing a person in danger of death or bodily harm, has a probability of
				causing more than minor environmental harm, or has a probability of causing
				physical damage to the property of another in an amount exceeding $1,000;
				or
(d) the violation was committed
				by a business that employed 50 or more employees on at least one day in each of
				the preceding 12 months.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1120 - Calculation of penalties

Current through Register Vol. 24-14, July 15, 2024
(1) For
				recordkeeping violations described in WAC
				16-228-1126, licensing violations
				described in WAC
				16-228-1127, and violations of
				chapter 16-233 WAC described in WAC
				16-228-1128, the department will
				assess the civil penalty according to the schedule unless circumstances warrant
				a deviation from the penalty calculation rules as allowed under subsection (5)
				of this section.
(2) For the
				penalties assessed under WAC
				16-228-1129, the department will
				select the level of violation and use the appropriate base penalty according to
				the type of pesticide violation as the starting point for calculating
				penalties. The base penalty shall be assessed unless either an adjustment is
				warranted, or there are aggravating or mitigating factors present, or
				both.
(3) Adjustment of base
				penalty for violations calculated under WAC
				16-228-1129:
(a) The department reserves the right to
				increase the civil penalty and decrease the licensing action under certain
				circumstances. Such circumstances include situations where the licensing
				actions(s) are ineffective as a deterrent and include, but are not limited to:
(i) Violations involving unlicensed or during
				a license suspension;
(ii)
				Situations where the civil penalty assessed is not substantially equivalent to
				the economic benefit derived by the violator from the violation; and
(iii) Where the violation is the result of a
				business or other management decision(s).
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1125 - Revocation or denial of a license

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				retains the sole discretion to determine when an individual license should be
				revoked rather than suspended.
(a) The
				department may revoke a license when:
(i) The
				penalty schedule allows for revocation; or
(ii) One or more aggravating factors are
				present; or
(iii) The circumstances
				surrounding the violation are such that a suspension of the license will not
				serve as an adequate deterrent for future conduct.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1126 - Penalties for certain recordkeeping violations

Current through Register Vol. 24-14, July 15, 2024
The department will assess a penalty of $250 for failing to
				  properly record the information required by
				  RCW
				  17.21.100(1)(a) through (j),
				  WAC 16-228-1320(1)(a) through
				  (n), and WAC
				  16-228-1300(1) through
				  (8) unless circumstances warrant a deviation
				  as allowed under WAC
				  16-228-1120(5),
				  or the application of aggravating and mitigating factors as allowed by WAC
				  16-228-1131. Violations of other
				  subsections of
				  RCW
				  17.21.100, WAC
				  16-228-1320 and
				  16-228-1300 are assessed under WAC
				  16-228-1129.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1127 - Penalties for unlicensed using, handling, applying, distributing, or consulting about pesticides

Current through Register Vol. 24-14, July 15, 2024
(1) Violations
				committed during the period when an individual's license is suspended shall be
				subject to the maximum civil penalty of $7,500 or suspension of the license for
				a period of up to five years, or both.
(2) Violations committed following the
				revocation of a license, and where the previous licensee has not successfully
				obtained a new license, shall be subject to the maximum civil penalty of $7,500
				or an extension of the time during which the person is ineligible for
				reissuance of a license, or both. Violations are considered to be "operating
				without a license" for the purpose of
				RCW
				17.21.320(4).
(3) Penalties for unlicensed use will be
				assessed according to the penalty assignment schedule in WAC
				16-228-1130 Table I. The penalty
				schedule in WAC
				16-228-1130 Table I does not apply
				to violations described in subsections (1) and (2) of this section.
(4) Nothing herein shall prevent the
				department from seeking an injunction against persons operating without a
				license as allowed under
				RCW
				17.21.320(4).
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1128 - Penalties for violations of chapter 16-233 WAC-Worker protection standard

Current through Register Vol. 24-14, July 15, 2024
(1) Violations of
				WAC 16-233-211(1) are
				assessed under WAC
				16-228-1129.
(2) Except for violations described in (1) of
				this section, violations of chapter 16-233 WAC are assessed in accordance with
				the penalty assignment schedule in WAC
				16-228-1130 Table II.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1129 - Penalties for other violations of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder

Current through Register Vol. 24-14, July 15, 2024
(1) This section
				covers all violations of chapter 15.58 or 17.21 RCW, or the rules adopted
				thereunder, that do not have a more specific penalty assignment schedule
				described in WAC
				16-228-1126,
				16-228-1127, and
				16-228-1128.
(2) The penalties in this section will be
				calculated by selecting the appropriate level of violation, then selecting the
				appropriate base penalty, and then adjusting the base penalty for aggravating
				and mitigating factors. The base penalty shall be assessed unless either a
				deviation is warranted or there are either aggravating or mitigating factors
				present, or both.
(3) Except as
				provided in WAC
				16-228-1120(5),
				when penalties are calculated under this section, and the department determines
				that one or more aggravating factors are present, the department may increase
				the penalty by a factor of no more than 25 percent of the base penalty for each
				aggravating factor.
(4) Except as
				provided in WAC
				16-228-1120(5),
				when penalties are calculated under this section, and the department determines
				that one or more mitigating factors are present, the department may decrease
				the penalty by a factor of no more than 25 percent of the base penalty for each
				mitigating factor.
(5) Violations
				described in this section are assessed in accordance with the penalty
				assignment schedule in WAC
				16-228-1130 Table III.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1130 - Penalty assignment schedules-Tables I, II, and III

Current through Register Vol. 24-14, July 15, 2024
Table I Licensing
							 Violations
Level of Violation
Commercial Applicator Operating
							 Unlicensed
Pesticide Dealer Distributing
							 Restricted Use Pesticides Unlicensed
All Other Violations for Operating
							 Unlicensed
First
$2,500
$1,000
$1,000
Second
$5,000
$2,500
$2,500
Third or more
$7,500
$5,000
$5,000
Table II Worker Protection
							 Standard Violations
Level of Violation
WAC
							 16-233-021(6)
							 providing emergency assistance.
WAC
							 16-233-201 failure to provide
							 sufficient training to handlers prior to mixing or applying category 1
							 pesticides, unless handler is exempt from training requirements.
WAC
							 16-233-211(3) and
							 (4) monitoring handlers applying highly toxic
							 and enclosed space fumigants.
WAC
							 16-233-216 PPE for
							 handlers.
WAC
							 16-233-221 decontamination and eye
							 flush for handlers.
WAC
							 16-233-311 protection of
							 early-entry workers.
All other violations of chapter 16-233 WAC, excluding
							 WAC 16-233-211(1),
							 that warrant a civil penalty
First
$1,000
$500
Second
$2,000
$750
Third or more
$3,000
$1,000
Table III Base
							 Penalties
Level of Violation
Human Exposure
Adverse Effects Probable (Other than
							 Human Exposure)
Adverse Effects Not
							 Probable
First
$1,500 and five-day license
							 suspension
$1,000 and four-day license
							 suspension
$300
Second
$3,000 and 10-day license suspension, denial, or
							 revocation
$2,000 and eight-day license suspension, denial, or
							 revocation
$600
Third or more
$6,000 and 20-day license suspension, denial, or
							 revocation
$4,000 and 16-day license suspension, denial, or
							 revocation
$1,200 and three-day license suspension, denial, or
							 revocation
Statutory Authority: Chapters 17.21, 15.58,
					 34.05 RCW. 03-22-029, §
					 16-228-1130, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters
					 17.21 and 15.58 RCW. 01-01-058, § 16-228-1130, filed 12/12/00, effective
					 1/12/01. Statutory Authority:
					 Chapters
					 15.54, 15.58 and 17.21
					 RCW. 99-22-002, § 16-228-1130, filed 10/20/99, effective
					 11/20/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1150 - Other dispositions of alleged violations that the department may choose

Current through Register Vol. 24-14, July 15, 2024
Nothing herein shall prevent the department from:
(1) Choosing not to pursue a civil penalty,
				license suspension or license revocation.
(2) Issuing a notice of correction in lieu of
				pursuing a civil penalty, license suspension or license revocation.
(3) Negotiating settlement(s) of cases on
				such terms and for such reasons as it deems appropriate. Violation(s) covered
				by a settlement agreement for a previous violation may be used by the
				department for the purpose of determining the appropriate penalty for the
				current alleged violation(s) if not expressly prohibited by the
				agreement.
(4) Referring violations
				or alleged violations, to any federal, state or county authority with
				jurisdiction over the activities in question including, but not limited to, the
				Environmental Protection Agency (EPA), the Federal Aviation Administration
				(FAA), or criminal prosecutors for criminal dispositions.
Statutory Authority: Chapters 17.21, 15.58,
					 34.05 RCW. 03-22-029, §
					 16-228-1150, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters
					 17.21 and 15.58 RCW. 01-01-058, § 16-228-1150, filed 12/12/00, effective
					 1/12/01. Statutory Authority: Chapters 15.58, 17.21 RCW. 00-22-073, §
					 16-228-1150, filed 10/30/00, effective 11/30/00. Statutory Authority:
					 Chapters
					 15.54, 15.58 and 17.21
					 RCW. 99-22-002, § 16-228-1150, filed 10/20/99, effective
					 11/20/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1225 - What are exceptions to label requirements?

Current through Register Vol. 24-14, July 15, 2024
The term "to use any registered pesticide in a manner
				  inconsistent with its labeling" means to use any registered pesticide in a
				  manner not permitted by the labeling, except that the term shall not
				  include:
(1) Applying a pesticide at
				any dosage, concentration or frequency less than that specified on the labeling
				unless the labeling specifically prohibits deviation from the specified dosage,
				concentration or frequency;
(2)
				Applying a pesticide against any target pest not specified on the labeling if
				the application is to the crop, animal or site specified on the labeling,
				unless the department or EPA has required that the labeling specifically state
				that the pesticide may be used only for the pests specified on the
				labeling;
(3) Employing any method
				of application not prohibited by the labeling unless the labeling specifically
				states that the product may only be applied only by the methods specified on
				the labeling, (chemigation applications are prohibited unless the label has
				chemigation use directions); and
(4) Mixing a pesticide or pesticides with a
				fertilizer when such mixture is not prohibited by the labeling.
Statutory Authority: Chapters 17.21, 15.58,
					 34.05 RCW. 03-22-029, §
					 16-228-1225, filed 10/28/03, effective
					 11/28/03.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1231 - What are state restricted use pesticides for distribution by licensed pesticide dealers and for use by certified applicators only?

Current through Register Vol. 24-14, July 15, 2024
(1) Pesticides defined by the following
				categories or active ingredients are hereby declared state restricted use
				pesticides and shall be distributed only by licensed pesticide dealers to
				certified applicators or to their duly authorized agents. The certified
				applicator must have a valid certification, license or permit to use or
				purchase the kind and quantity of such pesticide sold or delivered. These
				pesticides shall be used or applied only by certified applicators or persons
				under the direct supervision of a certified applicator, and only for those uses
				covered by the certified applicator's license category.
(a) Any EPA restricted use
				pesticide.
(b) All formulations of
				phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop),
				MCPA, MCPB, MCPP (mecoprop)) and dicamba when distributed in counties located
				east of the crest of the Cascade Mountains except as listed below:
(i) Salt formulations, including amine and
				sodium, distributed in quantities of one gallon or less;
(ii) Dry formulations of phenoxy hormone-type
				herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP
				(mecoprop)) and dicamba labeled and intended only for home and garden use or
				for turf;
(iii) Ready to use liquid
				formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP
				(dichlor-prop), MCPA, MCPB, MCPP (mecoprop)) and dicamba distributed in
				quantities of five gallons or less. For purposes of this subsection, ready to
				use means a pesticide that is applied directly from its original container
				consistent with label directions.
(c) Strychnine and its salts.
(d) Aquatic pesticides. All pesticides
				formulations labeled for application onto or into water to control pests on or
				in water except as provided in subsection (2) of this section.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1235 - When are pesticides containing the active ingredient clopyralid state restricted use pesticides?

Current through Register Vol. 24-14, July 15, 2024
Pesticides containing the active ingredient clopyralid are
				  declared to be state restricted use pesticides when labeled for use on cereal
				  grains, grass used for hay, lawns and turf including golf
				  courses.
Statutory Authority: Chapters 15.58, 17.21, and
					 34.05 RCW. 02-12-017, §
					 16-228-1235, filed 5/28/02, effective
					 6/28/02.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-12351 - Who can distribute pesticides containing the active ingredient clopyralid?

Current through Register Vol. 24-14, July 15, 2024
Only licensed pesticide dealers can distribute pesticides
				  containing the active ingredient clopyralid.
Statutory Authority: Chapters 15.58, 17.21, and
					 34.05 RCW. 02-12-017, §
					 16-228-12351, filed 5/28/02, effective
					 6/28/02.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-12352 - Who can sell pesticides containing the active ingredient clopyralid?

Current through Register Vol. 24-14, July 15, 2024
(1) Pesticides
				containing the active ingredient clopyralid that are labeled for use on cereal
				grains, grass used for hay, lawns and turf including golf courses can only be
				sold by licensed dealers to certified applicators or their duly authorized
				agents. In order to purchase such pesticides, certified applicators or their
				agents must have a valid certification, license or permit allowing them to use
				or purchase such pesticides.
(2)
				Pesticides containing clopyralid and labeled for uses on sites/crops in
				addition to cereal grains, grass used for hay, lawns and turf including golf
				courses may be sold by licensed dealers to noncertified applicators if the
				noncertified applicator signs the sales invoice or sales slip indicating that
				the pesticide will not be applied to cereal grains, grass used for hay, lawns
				and turf including golf courses.
Statutory Authority: Chapters 15.58, 17.21, and
					 34.05 RCW. 02-12-017, §
					 16-228-12352, filed 5/28/02, effective
					 6/28/02.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1237 - What are the restrictions on the use of pesticides containing the active ingredient clopyralid when labeled for use on lawns and turf including golf courses?

Current through Register Vol. 24-14, July 15, 2024
In addition to the restrictions placed on the product label,
				  pesticides containing the active ingredient clopyralid cannot be applied to
				  lawns and turf including golf courses without complying with the requirements
				  in WAC 16-228-12371.
Statutory Authority: Chapters 15.58, 17.21, and
					 34.05 RCW. 02-12-017, §
					 16-228-1237, filed 5/28/02, effective
					 6/28/02.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-12371 - What requirements affect the use of pesticides containing the active ingredient clopyralid on golf courses?

Current through Register Vol. 24-14, July 15, 2024
(1) When labeled for use on lawns and turf
				including golf courses, pesticides containing the active ingredient clopyralid
				may be applied on golf courses if no grass clippings, leaves or other
				vegetation are removed from the site and placed in composting facilities that
				provide product to the public.
(2)
				Before applying pesticides containing the active ingredient clopyralid on a
				golf course, the commercial applicator must give written notification to the
				appropriate grounds keeping personnel that no grass clippings, leaves or other
				vegetation may be removed from the site and placed in composting facilities
				that provide product to the public.
Statutory Authority: Chapters 15.58, 17.21, and
					 34.05 RCW. 02-12-017, §
					 16-228-12371, filed 5/28/02, effective
					 6/28/02.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1238 - What are the restrictions on application of ziram to Bosc pears?

Current through Register Vol. 24-14, July 15, 2024
All dry formulations (such as wettable powders or water
				  dispersible granules) of ziram labeled for use on pears are hereby declared
				  state restricted use pesticides because of dermal effects to persons exposed
				  while working in Bosc pear orchards.
(1) Growers shall observe the Environmental
				Protection Agency restricted entry interval label requirements following any
				treatment with dry wettable formulations of ziram before entering or allowing
				persons to enter pear orchards without personal protective clothing.
(2) Any entry during the restricted entry
				interval shall follow chapter 16-233 WAC, Worker protection standards,
				regarding handler, farm worker safety, and early-entry handler
				requirements.
(3) Growers shall
				observe an additional fourteen days after an application before entering or
				allowing workers to enter Bosc pear orchards without personal protective
				clothing as defined below.
(4) For
				the purposes of this section, minimum personal protective clothing shall
				consist of: A long-sleeved shirt; long-legged pants; socks; and chemical
				resistant gloves.
Statutory Authority: Chapters 17.21, 15.58,
					 34.05 RCW. 03-22-029, §
					 16-228-1238, filed 10/28/03, effective
					 11/28/03.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1250 - What are the restrictions on phenoxy herbicides?

Current through Register Vol. 24-14, July 15, 2024
(1) The distribution, use and application of
				all high volatile ester and dust formulations of phenoxy herbicides shall be
				prohibited throughout the state.
(2) In the areas under order, pesticide
				dealers shall make available to the purchaser a copy of the rules pertaining to
				the use of dicamba and/or phenoxy hormone-type herbicides, including 2,4-D and
				MCPA, in the area in which the material will be applied.
Statutory Authority: Chapters 17.21, 15.58,
					 34.05 RCW. 03-22-029, §
					 16-228-1250, filed 10/28/03, effective 11/28/03. Statutory Authority:
					 Chapters
					 15.54, 15.58 and 17.21
					 RCW. 99-22-002, § 16-228-1250, filed 10/20/99, effective
					 11/20/99.