reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-610 - Livestock identification › PUBLIC LIVESTOCK MARKETS › Section 16-610-135 - Failure to conduct a sale on an allocated sale day

Current through Register Vol. 24-14, July 15, 2024
(1) If a licensed operator of a public
				  livestock market fails more than six times in a twelve-month period to conduct
				  a sale on a sale day that has been allocated to the licensee by the director,
				  the allocation of that sale day is subject to change or revocation by the
				  director.
(2) Any change or
				  revocation of an allocated sale day must be considered in an administrative
				  hearing conducted according to the provisions of
				  chapter
				  34.05 RCW.
Statutory Authority: Chapters 16.57, 16.58,
						16.65 and
						34.05 RCW. 07-14-057, §
						16-610-135, filed 6/28/07, effective 7/29/07; 04-01-171, § 16-610-135,
						filed 12/23/03, effective 1/23/04.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-610 - Livestock identification › PUBLIC LIVESTOCK MARKETS › Section 16-610-140 - Approval of special sales and open consignment horse sales

Current through Register Vol. 24-14, July 15, 2024
(1) An individual, farmers cooperative
				  association, association of livestock breeders, or youth livestock organization
				  such as 4-H, FFA, or other junior livestock group may submit an application to
				  the director for a special sale or open consignment horse sale. Approval of
				  applications for a special sale or open consignment horse sale is at the
				  discretion of the director.
(2) A
				  livestock market may submit an application to the director for a special sale
				  or open consignment horse sale on a day not specifically assigned to it.
				  Approval of special sales and open consignment horse sales on unassigned days
				  is at the discretion of the director.
(3) Special sales and open consignment horse
				  sales are limited to three sales per month per applicant in any location, as
				  long as all requirements are met and the proper permits and license have been
				  obtained.
(4) "Special sale" does
				  not mean a public sale by a group of individuals conducting private treaty
				  sales of horses brought to a central location if:
(a) Funds are not handled by a third party;
				  and
(b) The buyer meets the
				  inspection requirements contained in
				  RCW
				  16.57.260.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-610 - Livestock identification › PUBLIC LIVESTOCK MARKETS › Section 16-610-145 - Requirements for farmers cooperative associations and associations of livestock breeders holding special sales

Current through Register Vol. 24-14, July 15, 2024
To assure that any special sale proposed by a farmers
					 cooperative association or association of livestock breeders is limited to the
					 sale of their own livestock, the association may be required to provide
					 verification to the director that any person offering livestock for sale at the
					 special sale was a member of the association at the time of the filing of any
					 consignment application, contract or commitment.
Statutory Authority: Chapters 16.57, 16.58,
						16.65 and
						34.05 RCW. 07-14-057, §
						16-610-145, filed 6/28/07, effective 7/29/07; 04-01-171, § 16-610-145,
						filed 12/23/03, effective 1/23/04.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-611 - Nutrient management › Section 16-611-005 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to provide for fair and
				  uniform determination of civil penalties issued for violations of chapter 90.64
				  RCW.
Statutory Authority:
					 RCW
					 90.64.110 and
					 chapter
					 34.05 RCW. 12-22-019,
					 § 16-611-005, filed 10/29/12, effective
					 11/29/12.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-611 - Nutrient management › Section 16-611-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
"Agronomic rate" means the application of nutrients to supply
				  crop or plant nutrient needs to achieve realistic yields and minimize the
				  movements of nutrients to surface and ground waters.
"Dairy nutrient management plan" means a plan meeting the
				  requirements established under
				  RCW
				  90.64.026.
"Dairy producer" means a person who owns or operates a
				  licensed dairy farm.
"Department" means the Washington state department of
				  agriculture.
"Nutrient," for purposes of this rule, means any product or
				  combination of products used to supply crops with plant nutrients including,
				  but not limited to, manure or commercial fertilizer.
"Transfer of manure" means the transfer of manure, litter or
				  process waste water to other persons when the receiving facility is in direct
				  control of:
(a) Application
				acreage;
(b) Application
				rate;
(c) Application times;
				and
(d) Transfer rate and
				time.
Statutory Authority:
					 RCW
					 90.64.110 and
					 chapter
					 34.05 RCW. 12-22-019,
					 § 16-611-010, filed 10/29/12, effective
					 11/29/12.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-611 - Nutrient management › Section 16-611-020 - Recordkeeping requirements

Current through Register Vol. 24-14, July 15, 2024
(1) In
				accordance with
				RCW
				90.64.010(17)(c) and
				90.64.102, dairy producers must
				maintain records to demonstrate that applications of nutrients to crop land are
				within acceptable agronomic rates.
(2) Dairy producers must maintain the
				following records to demonstrate that applications of nutrients to the land
				were within acceptable agronomic rates:
(a)
				Soil analysis.
(i) Annual post-harvest soil
				nitrate nitrogen analysis;
(ii)
				Every three years, a current soil analysis that includes:
(A) Organic matter;
(B) pH;
(C) Ammonium nitrogen;
(D) Phosphorus (the Bray-1 method must be
				used to determine soil phosphorus for soils below pH 7 and the Olsen
				bicarbonate method must be used for soils at or above pH 7);
(E) Potassium; and
(F) A measure of electrical
				conductivity.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-611 - Nutrient management › Section 16-611-100 - Assessing civil penalties

Current through Register Vol. 24-14, July 15, 2024
The department may assess civil penalties.
(1) Nothing in this chapter shall prevent the
				department from:
(a) Choosing not to pursue a
				civil penalty;
(b) Issuing a notice
				of correction in lieu of pursuing a civil penalty;
(c) Negotiating a settlement of cases of such
				terms and for reasons as it deems necessary; or
(d) Referring a violation to any federal or
				state agency with jurisdiction over the activities in question.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-611 - Nutrient management › Section 16-611-110 - Issuing a civil penalty without first issuing a notice of correction

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to
				RCW
				43.05.100, the department may issue a notice
				of correction when the department becomes aware of conditions that are not in
				compliance with the applicable laws and rules enforced by the
				department.
(2) The department may
				assess a civil penalty without first issuing a notice of correction in
				accordance with
				RCW
				43.05.110 and
				34.05.110.
Statutory Authority:
					 RCW
					 90.64.110 and
					 chapter
					 34.05 RCW. 12-22-019,
					 § 16-611-110, filed 10/29/12, effective
					 11/29/12.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-611 - Nutrient management › Section 16-611-200 - Penalty for lack of recordkeeping

Current through Register Vol. 24-14, July 15, 2024
(1) In accordance with
				RCW
				90.64.010(17)(c) and
				90.64.102, failure to maintain all
				records necessary to show that applications of nutrient to the land were within
				acceptable agronomic rates may be subject to a civil penalty. The aggregate
				amount of civil penalties issued to a dairy producer under this section shall
				not exceed five thousand dollars per calendar year. Each violation is a
				separate and distinct offense.
(2)
				The median penalty shall be assessed unless an adjustment is warranted due to
				the presence of aggravating or mitigating factors.
(3)
Aggravating factors.
The
				department may consider aggravating circumstances and enhance the penalty based
				on the seriousness of the violation. When the department determines that one or
				more aggravating factors are present, the department may assess the maximum
				penalty as listed within the penalty schedule table in subsection (5) of this
				section or may, in its discretion, assess a civil penalty in an amount between
				the median and maximum amount or increase the penalty above the maximum penalty
				listed for the violation in subsection (5) of this section. Aggravating factors
				include, but are not limited to, the following:
(a) The gravity and magnitude of the
				violation;
(b) Whether the
				violation was repeated or is continuous;
(c) Whether the cause of the violation was
				due to negligence, or an intentional act; and
(d) The immediacy and extent to which the
				violation threatens the public health or safety or harms the
				environment.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-611 - Nutrient management › Section 16-611-300 - Penalty for discharge of pollutants

Current through Register Vol. 24-14, July 15, 2024
(1) In accordance with
				RCW
				90.64.010(17)(a),
				90.48.080, and
				90.48.144, a discharge of
				pollutants into the waters of the state may be subject to a civil penalty in
				the amount of up to ten thousand dollars a day for each violation. Each
				violation is a separate and distinct offense and, in case of a continuing
				violation, every day's continuance is a separate and distinct
				violation.
(2) The median penalty
				shall be assessed unless an adjustment is warranted due to the presence of
				aggravating or mitigating factors.
(3)
Aggravating factors.
The
				department may consider aggravating circumstances and enhance the penalty based
				on the seriousness of the violation. When the department determines that one or
				more aggravating factors are present, the department may assess the maximum
				penalty as listed within the penalty schedule table in subsection (5) of this
				section or may, in its discretion, assess a civil penalty in an amount between
				the median and maximum amount. Aggravating factors include, but are not limited
				to, the following:
(a) The magnitude of harm
				or potential harm to:
(i) Waters of the
				state;
(ii) Humans, animals,
				plants, property, the environment; or
(iii) Species listed as threatened or
				endangered caused by the violation(s).
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-622 - Agriculture marketing and fair practices › Section 16-622-001 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The department of agriculture promulgates this chapter to
				  implement the provisions of the Agricultural Marketing and Fair Practices Act,
				  chapter 15.83 RCW . The purpose of this act is to establish standards of fair
				  practices required of handlers, producers, and association of producers dealing
				  in sweet corn, potatoes, or pears and to establish the mutual obligation of
				  handlers and accredited associations of producers to negotiate relative to the
				  production or marketing of these agricultural commodities.
Statutory Authority:
					 RCW
					 15.83.020. 90-08-069, § 16-622-001,
					 filed 4/2/90, effective 5/3/90.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-622 - Agriculture marketing and fair practices › Section 16-622-005 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this
				  chapter unless the context clearly requires otherwise.
(1) "Accredited association of producers"
				means an association of producers which is accredited by the director to be the
				exclusive negotiating agent for all producer members of the association within
				a negotiating unit.
(2) "Advance
				contract" means a contract for purchase and sale of a crop entered into before
				the crop becomes a growing crop and providing for delivery at or after the
				harvest of that crop.
(3)
				"Agricultural products" as used in this chapter means pears, sweet corn, and
				potatoes produced for sale from farms in this state.
(4) "Association of producers" means any
				association of producers of agricultural products engaged in marketing,
				negotiating for its members, shipping, or processing as defined in section
				15(a) of the Federal Agriculture Marketing Act of 1929 or in section 1 of 42
				Stat. 388.
(5) "Department" means
				the department of agriculture of the state of Washington.
(6) "Director" means the director of the
				department of agriculture or duly authorized representative.
(7) "Handler" means a processor or a person
				engaged in the business or practice of:
(a)
				Acquiring agricultural products from producers or associations of producers for
				use by a processor;
(b) Processing
				agricultural products received from producers or associations of producers,
				provided that a cooperative association owned by producers shall not be a
				handler except when contracting for crops from producers who are not members of
				the cooperative association;
(c)
				Contracting or negotiating contracts or other arrangements, written or oral,
				with or on behalf of producers or associations of producers with respect to the
				production or marketing of any agricultural product for use by a processor;
				or
(d) Acting as an agent or broker
				for a handler in the performance of any function or act specified in (a), (b),
				or (c) of this subsection.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-622 - Agriculture marketing and fair practices › Section 16-622-010 - Application for accreditation of an association of producers

Current through Register Vol. 24-14, July 15, 2024
An association of producers requesting accreditation to serve
				  as the exclusive negotiating agent on behalf of its members who are within a
				  proposed negotiating unit with respect to any qualified commodity shall file
				  with the director an application to accredit a negotiating unit containing the
				  following information:
(1) The name
				and address of the processing facility for which accreditation of a negotiating
				unit is being requested;
(2) A
				description of the geographical boundaries of the proposed negotiating unit,
				stated in terms of the number of miles, from the processing facility in each
				direction of the most distant producer in the proposed unit;
(3) A list of the names of producers who are
				members of the proposed negotiating unit and the total number of acres of
				qualified commodities contracted for delivery by those producers to the
				processing facility for each of the previous two years;
(4) The total number of members of the
				association of producers proposing the negotiating unit, a list of the counties
				in which those members reside, and the total number of acres of qualified
				commodities the association of producers had contracts to represent on behalf
				of its producer members for the previous growing season; and
(5) A statement expressing their agreement to
				reimburse the department for all anticipated and uncovered costs incurred by
				the department for actions necessary to carry out the provisions of this
				chapter and chapter 15.83 RCW.
Statutory Authority:
					 RCW
					 15.83.020. 90-08-069, § 16-622-010,
					 filed 4/2/90, effective 5/3/90.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-622 - Agriculture marketing and fair practices › Section 16-622-015 - Accreditation file

Current through Register Vol. 24-14, July 15, 2024
(1) Both the
				association of producers requesting accreditation of a negotiating unit and the
				person operating the processing facility for which the negotiating unit is
				being proposed shall create and maintain in their possession an accreditation
				file for the purpose of allowing the director to determine if the association
				of producers has met the requirements for the accreditation of the negotiating
				unit. The file shall be available to the department during normal working hours
				with reasonable advance notice.
(2)
				Documents contained in the file shall become a permanent part of the file and
				shall be serially numbered and indexed to assure the integrity of the file.
				Copies of original documents may be placed in the file or new documents may be
				created to satisfy the requirements of this chapter.
(3) The director may examine other records as
				necessary to confirm the validity of the information contained in the
				accreditation file.
(4) The
				accreditation files shall be maintained at the principal business address of
				the association of producers and the person operating the processing facility.
				In the case where the principal business address of the person operating a
				processing facility is located outside of the state of Washington, the
				accreditation file shall be maintained at the processing facility or at some
				other location within the state of Washington as approved by the
				director.
Statutory Authority:
					 RCW
					 15.83.020. 90-08-069, § 16-622-015,
					 filed 4/2/90, effective 5/3/90.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-622 - Agriculture marketing and fair practices › Section 16-622-020 - Accreditation file requirements - Association of producers

Current through Register Vol. 24-14, July 15, 2024
The association of producers shall create and maintain an
				  accreditation file for each negotiating unit it is requesting accreditation
				  for, which shall include the following:
(1) A copy of the articles of incorporation
				and by-laws of the association;
(2)
				A copy of the contract between the association of producers and the producer
				empowering the association to sell or negotiate the terms of sale of its
				members qualified commodities and a list of the producers who have executed
				said contract; and
(3) A list of
				the names of producers who are members of the proposed negotiating unit
				together with the number of acres of qualified commodities that each producer
				had contracted to deliver to the processing facility for each of the previous
				two growing seasons.
Statutory Authority:
					 RCW
					 15.83.020. 90-08-069, § 16-622-020,
					 filed 4/2/90, effective 5/3/90.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-622 - Agriculture marketing and fair practices › Section 16-622-025 - Accreditation file-Processor

Current through Register Vol. 24-14, July 15, 2024
The processor shall create and maintain an accreditation file
				  for each processing facility where a negotiating unit is being proposed by an
				  association of producers, which shall include the following:
(1) A list of the names of producers for each
				facility with whom the processor had an advance contract for qualified
				commodities for each of the previous two growing seasons;
(2) The total number of acres of qualified
				commodities the processing facility had contracted to receive the production
				from under the provisions of advance contracts for each of the previous two
				growing seasons; and
(3) A copy of
				the contract between the processor and producer supplying the affected
				commodities.
Statutory Authority:
					 RCW
					 15.83.020. 90-08-069, § 16-622-025,
					 filed 4/2/90, effective 5/3/90.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-622 - Agriculture marketing and fair practices › Section 16-622-030 - Accreditation procedure

Current through Register Vol. 24-14, July 15, 2024
(1)
				The director shall, upon receipt of an application for accreditation of a
				negotiating unit, promptly notify in writing the processor who operates the
				processing facility. The director shall schedule a time to examine the
				accreditation files of both the association of producers and the processor
				operating the processing facility. This examination shall not occur prior to
				five working days following the receipt of the notice to the processor of the
				application for accreditation of the negotiating unit.
(2) The director shall issue a report of
				findings resulting from the examination of the accreditation files of both
				parties which shall include:
(a) Whether the
				association of producers is owned and controlled by producers and that one of
				its functions is to act as principal or agent for its members in negotiations
				with processors;
(b) Whether the
				association of producers has valid and binding contracts with its members who
				are part of the proposed negotiating unit;
(c) Whether the members of the proposed
				negotiating unit represent more than fifty percent of the total average number
				of producers of record at the processing facility with advance contracts for
				the previous two growing seasons, or whether the number of acres of qualified
				commodities produced by members of the proposed negotiating unit, who were
				producers of records at the processing facility, represents more than fifty
				percent of the total average number of acres of qualified commodity obtained
				through advance contracts for the previous two growing seasons; and
(d) Sufficient resources, including public
				funds and any funds to be provided by the applicant under reimbursement
				agreements, will be available to cover department costs for services provided
				by the department in carrying out the provisions of this chapter, including
				department costs to defend a decision made by the department under this chapter
				and chapter 15.83 RCW if such a decision is appealed.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-622 - Agriculture marketing and fair practices › Section 16-622-035 - Amended application for accreditation

Current through Register Vol. 24-14, July 15, 2024
An association of producers upon receiving notice of
				  deficiencies in the application for accreditation of a proposed negotiating
				  unit may file an amended application with the director. The amended application
				  will be examined in the same manner as the initial application. Amended
				  applications must be filed with the director within thirty days of receipt of
				  the notice of deficiencies in the application.
Statutory Authority:
					 RCW
					 15.83.020. 90-08-069, § 16-622-035,
					 filed 4/2/90, effective 5/3/90.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-622 - Agriculture marketing and fair practices › Section 16-622-040 - Renewal of application for accreditation

Current through Register Vol. 24-14, July 15, 2024
An affected processor or an affected association of producers
				  may petition the director to require an accredited association of producers to
				  renew the application for accreditation of a negotiating unit. If the director
				  concurs with the request of the petitioners or determines that a renewed
				  application would best carry-out the purposes of the chapter, then the parties
				  will be notified of the requirement that a new application be filed. The
				  renewed application shall be examined in the same manner as an initial
				  application.
Statutory Authority:
					 RCW
					 15.83.020. 90-08-069, § 16-622-040,
					 filed 4/2/90, effective 5/3/90.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-622 - Agriculture marketing and fair practices › Section 16-622-045 - Hearings

Current through Register Vol. 24-14, July 15, 2024
A hearing, conducted under the provisions of chapter 34.05
				  RCW, to determine whether alleged violations of
				  RCW
				  15.83.030 or
				  15.83.040
				  have occurred may be held concurrently with the hearing for civil penalty under
				  RCW
				  15.83.080.
Statutory Authority:
					 RCW
					 15.83.020. 90-08-069, § 16-622-045,
					 filed 4/2/90, effective 5/3/90.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-622 - Agriculture marketing and fair practices › Section 16-622-050 - Negotiating period

Current through Register Vol. 24-14, July 15, 2024
The negotiating period provided in
				  RCW
				  15.83.010 shall commence each year on January
				  15th for potatoes and sweet corn and June 1st for pears. Negotiations may begin
				  at any time prior to this date and may continue past the date which is thirty
				  days following this date by mutual consent of the affected parties. Contracts
				  which are agreed to during this mutual consent period will be considered
				  advance contracts.
Statutory Authority:
					 RCW
					 15.83.100. 92-07-030, § 16-622-050,
					 filed 3/10/92, effective 4/10/92. Statutory Authority:
					 RCW
					 15.83.020. 90-08-069, § 16-622-050,
					 filed 4/2/90, effective 5/3/90.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-622 - Agriculture marketing and fair practices › Section 16-622-055 - Deadline for application for or review of negotiating unit accreditation

Current through Register Vol. 24-14, July 15, 2024
Applications for accreditation of a negotiating unit or
				  petitions by affected parties for renewal of an existing negotiating unit shall
				  be received by the director by September 1st of each year to allow sufficient
				  time to determine if the criteria for accreditation has been met. Applications
				  or petitions received after that date will be considered for the next
				  succeeding negotiating period.
Statutory Authority:
					 RCW
					 15.83.020. 90-08-069, § 16-622-055,
					 filed 4/2/90, effective 5/3/90.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-622 - Agriculture marketing and fair practices › Section 16-622-060 - Report of negotiating session

Current through Register Vol. 24-14, July 15, 2024
(1) Each accredited association of producers
				and handler shall, within a reasonable time following a negotiating session,
				place a copy of a summary of the discussions into their respective
				accreditation file maintained for that negotiating unit. For the purposes of
				this section, a negotiating session is a meeting of the parties at which
				pertinent information is exchanged. Each summary shall accurately reflect the
				substance of discussions and the points raised by either side. Each summary
				shall be signed by an authorized representative of the association of producers
				or handler which prepared it. Each summary shall contain the last offer of
				contract terms placed on the table during that negotiating session. Either
				party may place supplementary materials regarding the negotiation into their
				file.
(2) At the conclusion of the
				forty-five day negotiating period which is thirty days prior to the normal
				planting date for sweet corn and potatoes or sixty days prior to the normal
				harvest date for pears, each of the parties to a negotiation shall place, in
				their respective accreditation file for that negotiating unit, a report
				summarizing the negotiations and indicating whether an agreement was
				reached.
Statutory Authority:
					 RCW
					 15.83.100. 92-07-030, § 16-622-060,
					 filed 3/10/92, effective 4/10/92.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-622 - Agriculture marketing and fair practices › Section 16-622-900 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any section or provision of this rule shall be adjudged to
				  be invalid or unconstitutional, such adjudication shall not affect the validity
				  of the rule as a whole, or any section, provision or part thereof, not adjudged
				  invalid or unconstitutional.
Statutory Authority:
					 RCW
					 15.83.020. 90-08-069, § 16-622-900,
					 filed 4/2/90, effective 5/3/90.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-623 - Commission Merchant Act - Licensing fees, proof of payment, cargo manifests and registration of acreage commitments › Section 16-623-001 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to implement and clarify
				  selected portions of
				  chapter
				  20.01 RCW. This chapter
				  addresses four topics.
(1) Licensing
				fees and requirements for commission merchants, dealers, brokers, cash buyers
				or agents.
(2) Recordkeeping and
				proof of payment requirements for licensees.
(3) Cargo manifests and shipping documents
				that accompany hay and straw during transportation.
(4) Rules governing the registration of
				processor acreage commitments made to producers of annual crops.
Statutory Authority:
					 RCW
					 20.01.020,
					 20.01.040,
					 chapter
					 34.05 RCW, and
					 2012 2nd sp.s. c
					 7 . 12-19-031, § 16-623-001, filed 9/12/12,
					 effective 10/13/12. Statutory Authority:
					 Chapters
					 20.01 and
					 34.05 RCW, 2003 1st sp.s. c 25.
					 05-09-094, § 16-623-001, filed 4/20/05, effective 5/21/05. Statutory
					 Authority:
					 RCW
					 20.01.040, [20.01.]125,
					 [20.01.]370,[20.01.]380 , [20.01.]410, [20.01.]510. 00-22-071, §
					 16-623-001, filed 10/30/00, effective
					 11/30/00.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-623 - Commission Merchant Act - Licensing fees, proof of payment, cargo manifests and registration of acreage commitments › Section 16-623-005 - Definitions

Current through Register Vol. 24-14, July 15, 2024
In addition to the definitions listed in
				  RCW
				  20.01.010, the following definitions are
				  important to understanding this chapter:
"Department" means the Washington state department of
				  agriculture.
"Director" means the director of the Washington state
				  department of agriculture or their designee.
Statutory Authority:
					 RCW
					 20.01.020,
					 20.01.040,
					 chapter
					 34.05 RCW, and
					 2012 2nd sp.s. c
					 7 . 12-19-031, § 16-623-005, filed 9/12/12,
					 effective 10/13/12. Statutory Authority:
					 Chapters
					 20.01 and
					 34.05 RCW, 2003 1st sp.s. c 25.
					 05-09-094, § 16-623-005, filed 4/20/05, effective
					 5/21/05.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-623 - Commission Merchant Act - Licensing fees, proof of payment, cargo manifests and registration of acreage commitments › Section 16-623-015 - Securities in lieu of a surety bond

Current through Register Vol. 24-14, July 15, 2024
An applicant or licensee may file an assignment of savings or
				  irrevocable letter of credit with the director in lieu of a surety bond. These
				  instruments are subject to the same requirements and provisions as bonds stated
				  in RCW
				  20.01.210,
				  20.01.211, and
				  20.01.212.
Statutory Authority:
					 RCW
					 20.01.020,
					 20.01.040,
					 chapter
					 34.05 RCW, and
					 2012 2nd sp.s. c
					 7 . 12-19-031, § 16-623-015, filed 9/12/12,
					 effective 10/13/12. Statutory Authority:
					 Chapters
					 20.01 and
					 34.05 RCW, 2003 1st sp.s. c 25.
					 05-09-094, § 16-623-015, filed 4/20/05, effective
					 5/21/05.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-623 - Commission Merchant Act - Licensing fees, proof of payment, cargo manifests and registration of acreage commitments › Section 16-623-020 - Recordkeeping requirements for commission merchants, dealers, brokers and cash buyers

Current through Register Vol. 24-14, July 15, 2024
Every commission merchant, dealer, broker and cash buyer must
				  keep accurate records. The recordkeeping requirements for:
(1) Commission merchants are specified in
				RCW
				20.01.370;
(2) Dealers and cash buyers are specified in
				RCW
				20.01.380; and
(3) Brokers are specified in
				RCW
				20.01.400.
Statutory Authority:
					 RCW
					 20.01.020,
					 20.01.040,
					 chapter
					 34.05 RCW, and
					 2012 2nd sp.s. c
					 7 . 12-19-031, § 16-623-020, filed 9/12/12,
					 effective 10/13/12. Statutory Authority:
					 Chapters
					 20.01 and
					 34.05 RCW, 2003 1st sp.s. c 25.
					 05-09-094, § 16-623-020, filed 4/20/05, effective 5/21/05. Statutory
					 Authority:
					 RCW
					 20.01.040, [20.01.]125,
					 [20.01.]370,[20.01.]380 , [20.01.]410, [20.01.]510. 00-22-071, §
					 16-623-020, filed 10/30/00, effective
					 11/30/00.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-623 - Commission Merchant Act - Licensing fees, proof of payment, cargo manifests and registration of acreage commitments › Section 16-623-030 - Cargo manifest requirements for transporting hay and straw

Current through Register Vol. 24-14, July 15, 2024
(1) All commission
				merchants, dealers, their employees or licensed agents must have a copy of the
				cargo manifest with each load when transporting hay or straw on equipment owned
				or under their control.
(2) Any
				common carrier transporting hay or straw for a commission merchant or dealer
				may use shipping documents required by either the Washington public utilities
				and transportation commission or interstate commerce commission instead of the
				department form described in subsection (5) of this section.
(3) Any common carriers, commission
				merchants, dealers, their employees or licensed agents transporting hay or
				straw may use shipping documents other than the department form described in
				subsection (5) of this section if they have been reviewed and authorized by the
				department before their use.
(4)
				Unless the exceptions in subsections (2) and (3) of this section apply, the
				manifest must be on a form prescribed by the director which is available from
				the department.
(5) At a minimum,
				the form requires the following information:
(a) Purchaser's name and address;
(b) Hauler's name and address;
(c) Business or person the products were
				received from and their address;
(d) The commodity, unit count, unit price,
				total price, total weight, tare weight and weight of the commodity;
(e) Terms of the settlement;
(f) Date;
(g) Signature of the licensee or their agent;
				and
(h) Signature of the consignor
				or their authorized representative.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-623 - Commission Merchant Act - Licensing fees, proof of payment, cargo manifests and registration of acreage commitments › Section 16-623-040 - Reporting a processor's plant capacity

Current through Register Vol. 24-14, July 15, 2024
(1) According to
				RCW
				20.01.510, a processor must report the daily
				total capacity in tons, cases or other legal and customary measure for:
(a) Each crop; and
(b) All plants that process any Washington
				agricultural product.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-623 - Commission Merchant Act - Licensing fees, proof of payment, cargo manifests and registration of acreage commitments › Section 16-623-050 - Notification requirements for grower-processor commitments

Current through Register Vol. 24-14, July 15, 2024
(1)
(a)
				Within ten days after a commitment with a processor is made, a grower must
				notify the director that they have an oral commitment for a specified amount of
				product.
(b) The grower's
				notification to the director must be in writing and sent by certified mail to
				the Washington State Department of Agriculture, c/o the Agricultural
				Investigations Program, P.O. Box 42560, Olympia, Washington
				98504-2560.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-623 - Commission Merchant Act - Licensing fees, proof of payment, cargo manifests and registration of acreage commitments › Section 16-623-060 - Establishing contract volumes

Current through Register Vol. 24-14, July 15, 2024
For contracts purchasing the production of a specific number
				  of acres, the:
(1) Amount contracted
				for will be based on the crop yield for the comparable area for the most recent
				five-year average; and
(2) Crop
				yield will be determined by using data from the USDA's National Agricultural
				Statistics Service.
Statutory Authority:
					 RCW
					 20.01.020,
					 20.01.040,
					 chapter
					 34.05 RCW, and
					 2012 2nd sp.s. c
					 7 . 12-19-031, § 16-623-060, filed 9/12/12,
					 effective 10/13/12. Statutory Authority:
					 Chapters
					 20.01 and
					 34.05 RCW, 2003 1st sp.s. c 25.
					 05-09-094, § 16-623-060, filed 4/20/05, effective 5/21/05. Statutory
					 Authority:
					 RCW
					 20.01.040, [20.01.]125,
					 [20.01.]370,[20.01.]380 , [20.01.]410, [20.01.]510. 00-22-071, §
					 16-623-060, filed 10/30/00, effective
					 11/30/00.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-645 - Hops bales - Weights and tares › Section 16-645-005 - Hops - Bale

Current through Register Vol. 24-14, July 15, 2024
The standard weight for a bale of hops is fixed at from one
				  hundred seventy-five to two hundred thirty pounds.
Statutory Authority:
					 RCW
					 19.94.190 [(1)](a). 99-06-072, §
					 16-645-005, filed 3/2/99, effective
					 4/2/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-645 - Hops bales - Weights and tares › Section 16-645-010 - Hops - Tare

Current through Register Vol. 24-14, July 15, 2024
(1) The amount of
				tare to be deducted from the gross weight of each bale of hops grown and sold
				is fixed at five pounds per bale for bales wrapped in burlap cloth. The tare
				for bales wrapped in plastic baling cloth is fixed at zero.
(2) Any vendor of hops using heavier sacking
				than specified above or using any extraneous material in the baling thereof
				shall have the additional sacking or extraneous material deducted as additional
				tare.
Statutory Authority:
					 RCW
					 19.94.190 [(1)](a). 99-06-072, §
					 16-645-010, filed 3/2/99, effective
					 4/2/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-659 - Weights and measures - Liquified petroleum gas › Section 16-659-002 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The department of agriculture promulgates this chapter to
				  implement the provisions of
				  RCW
				  19.94.340. The provisions allow the director
				  to issue reasonable rules as necessary to assure that the amounts of
				  commodities sold are determined in accordance with good commercial practice and
				  are determined and represented to be accurate and informative to all interested
				  parties.
Statutory Authority:
					 RCW
					 19.94.340 and [19.94].390. 98-13-073, §
					 16-659-002, filed 6/15/98, effective
					 7/16/98.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-662 - Weights and measures-National handbooks, sale of motor fuel, electric vehicle supply equipment, and penalties for violations › Section 16-662-100 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
				establishes, under the authority of the Washington state department of
				agriculture (WSDA), requirements for the state of Washington that are
				reasonably consistent with the uniform rules adopted by the National Conference
				on Weights and Measures (NCWM) and published by the National Institute of
				Standards and Technology (NIST). This chapter also establishes requirements for
				the retail sale and advertising of motor fuel, and establishes a matrix for
				determining civil penalties under
				RCW
				19.112.060(1)(b) for motor
				fuel quality violations.
(2) This
				chapter applies specifically to the:
(a)
				Uniform specifications, tolerances and other technical requirements for
				weighing and measuring devices addressed in
NIST Handbook
				44
;
(b) Uniform regulation
				for weighing and measuring devices under the national type evaluation program
				(NTEP) addressed in
NIST Handbook 130
;
(c) Uniform procedures for checking the net
				contents of packaged goods addressed in
NIST Handbook
				133
;
(d) Uniform packaging
				and labeling regulation addressed in
NIST Handbook
				130
;
(e) Uniform
				regulation for the method of sale of commodities addressed in
NIST
				Handbook 130
;
(f) Uniform
				examination procedure for price verification addressed in
NIST Handbook
				130
;
(g) Engine fuels,
				petroleum products, and automotive lubricants regulation addressed in
NIST Handbook 130
;
(h) Specifications and tolerances for
				reference standards and field standard weights and measures addressed in the
NIST Handbook 105
series;
(i) Requirements for the retail sale and
				advertising of motor fuel; and
(j)
				Civil penalties for motor fuel quality violations as provided for under
				RCW
				19.112.060(1)(b).
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-662 - Weights and measures-National handbooks, sale of motor fuel, electric vehicle supply equipment, and penalties for violations › Section 16-662-110 - Modifications to NIST Handbook 44 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 19.94.190,
					 19.112.020,
					 19.112.140 and
					 chapter
					 34.05 RCW. 13-03-054,
					 § 16-662-110, filed 1/11/13, effective 2/11/13. Statutory Authority:
					 Chapters 19.94, 19.112, and
					 34.05 RCW. 12-02-021, §
					 16-662-110, filed 12/28/11, effective 1/28/12. Statutory Authority: Chapters
					 19.94, 19.112,
					 34.05 RCW, and 2010 c 96 .
					 10-18-088, § 16-662-110, filed 9/1/10, effective 10/2/10. Statutory
					 Authority: Chapters 19.94, 19.112, and
					 34.05 RCW. 09-19-007, §
					 16-662-110, filed 9/3/09, effective 10/4/09. Statutory Authority: Chapters
					 19.94 and 34.05 RCW.
					 07-01-115A, § 16-662-110, filed 12/20/06, effective 1/20/07; 05-10-088,
					 § 16-662-110, filed 5/4/05, effective 6/4/05; 03-08-017, §
					 16-662-110, filed 3/25/03, effective 4/25/03. Statutory Authority:
					 RCW
					 19.94.195. 01-16-005, § 16-662-110,
					 filed 7/19/01, effective 8/19/01; 99-07-056, § 16-662-110, filed 3/16/99,
					 effective 4/16/99. Statutory Authority: Chapter 19.94 RCW. 97-12-075, §
					 16-662-110, filed 6/4/97, effective
					 7/5/97.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-662 - Weights and measures-National handbooks, sale of motor fuel, electric vehicle supply equipment, and penalties for violations › Section 16-662-120 - Inspections of the net contents of packaged goods under NIST Handbook 133

Current through Register Vol. 24-14, July 15, 2024
WSDA will inspect packages using either "used dry tare" or
				  "unused dry tare" in accordance with the procedures in NIST Handbook 133 and as
				  defined in Appendix F Glossary. WSDA does not use "wet tare" in inspecting
				  packages.
Statutory Authority: Chapters 19.94, 19.112, and
					 34.05 RCW. 12-02-021, §
					 16-662-120, filed 12/28/11, effective 1/28/12. Statutory Authority: Chapters
					 19.94 and 34.05 RCW.
					 05-10-088, § 16-662-120, filed 5/4/05, effective
					 6/4/05.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-662 - Weights and measures-National handbooks, sale of motor fuel, electric vehicle supply equipment, and penalties for violations › Section 16-662-125 - Enforcement actions for price verification inspections under NIST Handbook 130

Current through Register Vol. 24-14, July 15, 2024
WSDA uses
NIST Handbook 130
, Examination
				  Procedure For Price Verification, Section 11.2., Model Enforcement Levels.
				  Overcharges will be used to determine price accuracy for enforcement actions
				  under chapter 19.94 RCW.
Statutory Authority:
					 RCW
					 19.94.190,
					 19.112.020,
					 19.112.140, and
					 chapter
					 34.05 RCW. 12-08-041,
					 § 16-662-125, filed 3/30/12, effective 4/30/12. Statutory Authority:
					 Chapters 19.94 and
					 34.05 RCW. 05-10-088, §
					 16-662-125, filed 5/4/05, effective
					 6/4/05.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-662 - Weights and measures-National handbooks, sale of motor fuel, electric vehicle supply equipment, and penalties for violations › Section 16-662-140 - Retail sales of motor fuels

Current through Register Vol. 24-14, July 15, 2024
All devices used for retail motor fuel sales shall:
(1) Display the price per gallon or price per
				liter as set forth in
NIST Handbook 44
adopted under this
				chapter;
(2) Indicate the amount of
				fuel delivered during a single retail transaction as set forth in
NIST
				Handbook 44
adopted under this chapter;
(3) Compute and display the selling price per
				unit as set forth in
NIST Handbook 44
adopted under this
				chapter;
(4) Compute and display
				the total selling price for a single retail transaction as set forth in
NIST Handbook 44
adopted under this chapter; and
(5) Provide a receipt for retail transactions
				as set forth in
NIST Handbook 44
adopted under this
				chapter.
Statutory Authority:
					 RCW
					 19.94.190,
					 19.112.020,
					 19.112.140 and
					 chapter
					 34.05 RCW. 13-03-054,
					 § 16-662-140, filed 1/11/13, effective
					 2/11/13.