Revised Code of Washington - RCW Title 15 Agriculture And Marketing - Chapter 15.13 Horticultural Plants, Christmas Trees, And Facilities -- Inspection And Licensing

  • 15.13.250 Definitions
    For the purpose of this chapter: (1) "Department" means the department of agriculture of the state of Washington. (2) "Director" means the director of the ...
  • 15.13.260 Enforcement -- Rules -- Scope
    The director shall enforce the provisions of this chapter and may adopt any rule necessary to carry out its purpose and provisions including but not ...
  • 15.13.262 Application of administrative procedure act
    Chapter 34.05 RCW governs the rights, remedies, and procedures respecting the administration of this chapter, including rule making, assessment of civil penalties, emergency actions, and ...
  • 15.13.265 Enforcement--Access to nursery dealer premises -- Inspection
    (1) The director may enter and inspect the horticultural facilities of a nursery dealer at reasonable times for the purpose of carrying out the provisions ...
  • 15.13.270 Nursery dealer licensing exemptions -- Permits for clubs, conservation districts, nonprofit associations, educational organizations
    The provisions of this chapter relating to nursery dealer licensing do not apply to: (1) Persons making casual or isolated sales that do not exceed ...
  • 15.13.280 Nursery dealer licenses -- Farmers markets--Application -- Fees -- Expiration -- Posting -- Audit
    (1) No person shall act as a nursery dealer without a license for each place of business where horticultural plants are sold except as provided ...
  • 15.13.285 Nursery dealer licenses -- Fee surcharge
    The director may, with the advice of the nursery advisory committee, establish by rule a surcharge to the fee for a nursery dealer license. The ...
  • 15.13.290 Nursery dealer licenses -- Additional charge for late renewal
    If any application for renewal of a nursery dealer license is not filed prior to the master license expiration date, the master license delinquency fee ...
  • 15.13.300 Nursery dealer licenses -- Application -- Contents
    Application for a license shall include: (1) The full name of the person applying for the license and if the applicant is an individual, receiver, ...
  • 15.13.310 Assessment on gross sale price of wholesale market value of certain horticultural plants -- Method for determining -- Due date -- Gross sale period -- Audit
    (1) An annual assessment shall be levied on the gross sale price of the wholesale market value for all horticultural plants of the genera Chaenomeles, ...
  • 15.13.311 Christmas tree grower exemptions -- License -- Fees
    (1) Any Christmas tree grower owning Christmas trees, whose business consists solely of retail sales to the ultimate consumer, is exempt from the requirements of ...
  • 15.13.312 Christmas tree grower license -- Application
    Application for a Christmas tree grower license shall include: (1) The full name of the person applying for the license, whether the applicant is an ...
  • 15.13.314 Christmas tree program -- Advisory committee
    (1) An advisory committee is established to advise the director in the administration of the Christmas tree program. (2) When appointing this committee, the director ...
  • 15.13.315 Grapevine certification and nursery improvement program -- Advisory committee
    An advisory committee is established to advise the director in the administration of the grapevine certification and nursery improvement program. (1) The committee consists of ...
  • 15.13.320 Fruit tree certification and nursery improvement program -- Advisory committee
    An advisory committee is hereby established to advise the director in the administration of the fruit tree certification and nursery improvement program. (1) The committee ...
  • 15.13.335 Nursery advisory committee -- Members -- Terms
    A nursery advisory committee is hereby established to advise the director in the administration of this chapter. (1) The committee shall consist of not less ...
  • 15.13.340 Late fee on delinquent assessments
    (1) A late fee of twenty percent of the amount due shall be levied on all delinquent assessments for each license period the assessment is ...
  • 15.13.360 Hearings -- Subpoenas
    The director may issue subpoenas to compel the attendance of witnesses and/or production of books, documents, and records for purposes of investigating compliance with this ...
  • 15.13.370 Request by licensee for inspector's services during shipping season -- Certificate of inspection -- Other requests for inspection and/or certification services -- Fees
    (1) Any person licensed under the provisions of this chapter may request the services of a department inspector at the licensee's place of business or ...
  • 15.13.380 Inspection fees -- When due and payable -- Arrears
    (1) The inspection fees provided for in this chapter shall become due and payable upon billing by the department. (2) A late charge of one ...
  • 15.13.390 Unlawful selling, shipment, or transport of horticultural plants or Christmas trees within state, when
    It is unlawful for any person to sell, ship, or transport any horticultural plant or Christmas tree in this state unless it meets standards established ...
  • 15.13.400 Unlawful shipment or delivery of horticultural plants into state, when -- Certificate and inspection requirements -- Christmas trees -- Rules -- Hearing
    (1) It is unlawful for any person to ship or deliver any horticultural plant into this state unless it is accompanied by an inspection certificate ...
  • 15.13.410 Shipments into state to be marked or tagged
    Each shipment of horticultural plants transported or shipped into the state and/or offered for retail sale within the state shall be legibly marked or tagged ...
  • 15.13.420 Unlawful acts enumerated
    It is unlawful for any person: (1) To falsely claim to be an agent or representative of any nursery dealer in horticultural plants or Christmas ...
  • 15.13.425 False advertisements
    No publisher, radio and television broadcast licensee, advertising agency, or agency or medium for the dissemination of an advertisement, except the grower, packer, distributor, or ...
  • 15.13.430 Hold order on damaged, infested, or infected horticultural plants or Christmas trees -- Selling or moving unlawful
    When the director has cause to believe that any horticultural plants or Christmas trees are damaged or are infested or infected by any plant pest, ...
  • 15.13.440 Order of condemnation -- Grounds for issuance
    The director shall condemn any horticultural plants shipped or sold when such horticultural plants are found to be dead, in a dying condition, seriously broken, ...
  • 15.13.445 Order or action of director--Hearing opportunity
    Upon issuance of an order or upon action by the director under RCW 15.13.400, 15.13.410, 15.13.430, or 15.13.440, the consignor of the plant material may ...
  • 15.13.447 Prohibition on recovery of damages
    No state court shall allow the recovery of damages from administrative action, hold order, or condemnation order if the court finds there was probable cause ...
  • 15.13.450 Injunction to prevent violations
    The director may bring an action to enjoin the violation of any provision of this chapter or any rule adopted under this chapter in the ...
  • 15.13.455 Injunction to restrain operation as nursery dealer or Christmas tree grower without valid license -- Costs, attorneys' fees, and expenses
    (1) The director may apply to the superior court of Thurston county for a prompt hearing on, and the court shall have jurisdiction upon, and ...
  • 15.13.470 Disposition of moneys collected under chapter -- Expenditure
    (1) Except as provided in RCW 15.13.285 and in subsections (2), (3), and (4) of this section, all moneys collected under this chapter shall be ...
  • 15.13.477 Compliance agreements
    The director may enter into compliance agreements with any person for the purpose of carrying out the provisions of this chapter.[2000 c 144 § 29.] ...
  • 15.13.480 Cooperative contracts or agreements to further chapter--Agreements to facilitate export
    The director may cooperate with and enter into contracts or agreements with governmental agencies of this state and other states, agencies of the federal government, ...
  • 15.13.490 Compliance with chapter -- Violation -- Penalties
    Any person who fails to comply with this chapter may be subject to: (1) Denial, revocation, or suspension of the person's nursery dealer license or ...
  • 15.13.500 Suspension of license -- Reissuance
    The department shall immediately suspend any license issued under this chapter if the holder of the license has been certified pursuant to RCW 74.20A.320 by ...
  • 15.13.920 Chapter cumulative and nonexclusive
    The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.[1971 ex.s. c 33 § 22.] ...
  • 15.13.940 Severability -- 1971 ex.s. c 33
    If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application ...

Last modified: April 7, 2009