Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-516 - Washington potatoes › Section 16-516-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following terms shall have the meanings given in
				  RCW
				  15.66.010, supplemented by the following
				  additional definitions:
"Act" means the Washington state agricultural commodity
				  commissions statute, chapter 15.66 RCW;
"Affected area" or "area of production" are synonymous and
				  mean all of the state of Washington;
"Affected commodity" means potatoes as defined in this
				  section;
"Affected handler" means any handler of potatoes;
"Affected producer" means any producer who is subject to
				  this marketing order;
"Agricultural development" means activities intended to
				  increase the efficiency, productivity, or fair market access of Washington
				  potatoes and potato products;
"Commercial quantities" shall mean and include five
				  hundredweight or more per growing season;
"Disclosure" means inspection or copying;
"Director" means the director of agriculture of the state of
				  Washington or any qualified person or persons designated by the director of
				  agriculture to act for him or her concerning some matter under this
				  chapter;
"District" means the geographical divisions of the area of
				  potato production established pursuant to the provisions of WAC
				  16-516-020;
"Handler" means any person who acts, either as principal,
				  agent, or otherwise, in the processing, packing, shipping, selling, marketing,
				  or distributing of potatoes that are not produced by the handler. "Handler"
				  does not include a common carrier used to transport an agricultural commodity.
				  "To handle" means to act as a handler;
"Hundredweight" or "affected unit" are synonymous and mean
				  and include each one hundred pound unit or any combination of packages making a
				  one hundred pound unit of potatoes;
"Marketing season" or "fiscal year" are synonymous and mean
				  the twelve-month period beginning July 1st of any year and ending upon the last
				  day of June, both dates inclusive;
"Person" includes any individual, firm, corporation, limited
				  liability company, trust, association, partnership, society or any other
				  organization of individuals or any unit or agency of local or state
				  government;
"Potato commission" or "commission" are synonymous and mean
				  the commission established pursuant to the provisions of WAC
				  16-516-020;
"Potatoes" means and includes all kinds and varieties of
				  Irish potatoes grown in the state of Washington and marketed, sold or intended
				  for use for human consumption;
"Producer" means any person engaged in the production of
				  potatoes grown in Washington for market in commercial quantities, and it
				  includes a landowner, landlord, tenant or other person that participates in the
				  growing or producing of the affected commodity and who has a proprietary
				  interest in the potatoes so produced. "To produce" means to act as a
				  producer;
"Public records" includes any writing containing information
				  relating to the conduct of government or the performance of any governmental or
				  proprietary function prepared, owned, used, or retained by the department
				  regardless of physical form or characteristics;
"Research" means scientific research conducted by a
				  university or other accredited researcher on pest and disease surveys; pest and
				  disease control tools or techniques; planting, harvesting, handling and other
				  production or processing tools or techniques; health or nutritional qualities
				  or benefits of potatoes or potato products; and environmental issues including,
				  but not limited to, water use, water quality, water quantity, and erosion
				  control related to production of potatoes or potato products. Results of
				  agricultural research conducted under the provisions of this marketing order
				  shall be public information;
"Sale" means a transaction wherein the property in or to
				  potatoes is transferred from the producer to a purchaser for consideration.
				  "Sale" shall also include an agreement to acquire such property for a
				  consideration;
"Unfair trade practice" means any practice that is unlawful
				  or prohibited under the laws of the state of Washington including but not
				  limited to Titles 15, 16, and 69 RCW and chapters 9.16, 19.77, 19.80, 19.84,
				  and 19.83 RCW, or any practice, whether concerning interstate or intrastate
				  commerce that is unlawful under the Federal Trade Commission Act of 1914, as
				  amended (38 Stat. 719; 15 U.S.C. Sec. 41 et seq.) or the violation of or
				  failure to accurately label as to grades and standards in accordance with any
				  lawfully established grades or standards or labels.
Statutory Authority:
					 RCW
					 15.66.030,
					 15.66.053,
					 15.66.055, and
					 chapter
					 34.05 RCW. 06-03-003,
					 § 16-516-010, filed 1/4/06, effective 2/4/06. Statutory Authority: RCW
					 15.66.020. 00-11-180, § 16-516-010, filed 5/24/00, effective 6/24/00;
					 Marketing Order, Article I, effective
					 7/23/56.