Revised Code of Washington - RCW Title 15 Agriculture And Marketing - Chapter 15.28 Soft Tree Fruits

15.28.010 Definitions
As used in this chapter: (1) "Commission" means the Washington state fruit commission. (2) "Shipment" or "shipped" includes loading in a conveyance to be transported ...

15.28.015 Regulating soft tree fruits -- Commission created -- Existing comprehensive scheme -- Applicable laws
The history, economy, culture, and the future of Washington state's agriculture involves the production of soft tree fruits. In order to develop and promote Washington's ...

15.28.020 Commission composition -- Voting -- Quorum
The commission is composed of seventeen voting members, as follows: Ten producers, four dealers, and two processors, who are appointed as provided in this chapter. ...

15.28.023 Director appoints members -- Nominations -- Advisory vote
(1) The director shall appoint the members of the commission. (2) Candidates for positions on the commission shall be nominated under RCW 15.28.060. (3) Not ...

15.28.024 Transition to director appointed commission
To accomplish the transition to a commission structure where the director appoints a majority of commission members, the names of the currently elected commission members ...

15.28.030 Qualifications of voting members
All voting members must be citizens and residents of this state. Each producer member must be over the age of twenty-five years, and be, and ...

15.28.040 Appointment of voting members -- Positions
Of the producer members, four shall be appointed from the first district and occupy positions one, two, three and four; four shall be appointed from ...

15.28.050 Terms of office
The regular term of office of the members of the commission shall be three years commencing on May 1, following the date of appointment and ...

15.28.055 Terms of present members
Present members of the state fruit commission as provided for in RCW 15.28.020 shall serve until the first day of May of the year in ...

15.28.060 Nominating meetings -- Notice -- Appointment -- Ballots -- Advisory vote -- Eligible voters
The director shall call meetings at times and places concurred upon by the director and the commission for the purpose of nominating producer, dealer or ...

15.28.070 Establishment of subdistricts -- Rules and regulations
The commission shall have the authority, subject to the provisions of chapter 34.05 RCW (Administrative Procedure Act), for adopting rules and regulations, after public hearing, ...

15.28.080 Vacancies on commission -- How filled
In the event a position becomes vacant due to resignation, disqualification, death, or for any other reason, such position, until the next annual nominating meeting, ...

15.28.090 Compensation of members -- Travel expenses
Each member of the commission shall be compensated in accordance with RCW 43.03.230 and shall be reimbursed for actual travel expenses incurred in carrying out ...

15.28.100 Powers of commission
The Washington state fruit commission is hereby declared and created a corporate body. The commission has power: (1) To exercise all of the powers of ...

15.28.103 Commission's plans, programs, and projects -- Director's approval required
(1) The commission shall develop and submit to the director for approval any plans, programs, and projects concerning the following: (a) The establishment, issuance, effectuation, ...

15.28.105 Commission speaks for state -- Director's oversight
The commission exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges the commission, with ...

15.28.110 Duties of commission
The commission's duties are: (1) To adopt a commission seal; (2) To elect a secretary-manager and a treasurer, and fix their compensation. The same person ...

15.28.120 Copies of records as evidence
Copies of the commission's proceedings, records, and acts, when certified by the secretary and authenticated by the corporate seal, shall be admissible in all courts ...

15.28.130 State, personal, nonliability -- Obligations limited by collections -- Defense to certain civil or criminal actions
Neither the state, nor any member, agent, or employee of the commission, is liable for the acts of the commission, or upon its contracts. All ...

15.28.140 District advisory and state commodity committees
There shall be separate district advisory committees and separate state commodity committees for each of the following soft tree fruits, to wit: Bartlett pears, peaches, ...

15.28.150 Committee organization -- Duties
Each district advisory committee and each state commodity committee shall select one of its members as chairman. Meetings may be called by the chairman or ...

15.28.160 Annual assessment -- Exemption -- Brined sweet cherries assessable
An annual assessment is hereby levied upon all commercial soft tree fruits grown in the state or packed as Washington soft tree fruit of fifty ...

15.28.170 Research and advertising -- Power to increase assessment
The commission shall investigate the needs of soft tree fruit producers, the condition of the markets, and extent to which the same require advertising and ...

15.28.175 Promotional printing and literature -- Contracts
Promotional printing and literature not restricted by laws relating to public printer, see RCW 15.24.085. Conditions of employment, etc., in contracts, see RCW 15.24.086. ...

15.28.180 Increase of assessment for specific fruit or classification -- Procedure
(1) The same assessment shall be made for each soft tree fruit, except that if a two-thirds majority of the state commodity committee of any ...

15.28.190 Deposit of funds -- Treasurer's bond
All money collected under the authority of this chapter shall be paid to the treasurer of the commission, deposited by him in banks designated by ...

15.28.200 Use of funds -- Contributions
All moneys collected from such levy shall be expended exclusively to effectuate the purposes and objects of this chapter. They shall be generally expended on ...

15.28.210 Records kept -- Preservation -- Inspection of
Every dealer, handler, and processor shall keep a complete and accurate record of all soft tree fruits handled, shipped, or processed by him. Such record ...

15.28.220 Returns to commission
Every dealer, handler, and processor shall at such times as the commission may by rule or regulation require, file with the commission a return under ...

15.28.230 Due date of assessments -- Delinquent penalty
All assessments levied and imposed by this chapter shall be due prior to shipment and shall become delinquent if not paid within thirty days after ...

15.28.240 Collection rules -- Use of "stamps.
The commission shall by rule or regulation prescribe the method of collection, and for that purpose may require stamps to be known as "Washington state ...

15.28.250 Responsibility for payment of assessments -- Due upon receipt -- Delinquencies -- Civil action
Unless the assessment has been paid by the grower and evidence thereof submitted by him or her, the dealer, handler, or processor is responsible for ...

15.28.260 Publications by commission -- Subscriptions
If the commission publishes a bulletin or other publication, or a section in some established trade publication, for the dissemination of information to the soft ...

15.28.270 Violations -- Penalty
Every person shall be guilty of a misdemeanor who: (1) Violates or aids in the violation of any provision of this chapter, or (2) Violates ...

15.28.280 Venue of actions -- Jurisdiction of courts
Any prosecution brought under this chapter may be instituted or brought in any county in the state in which the defendant or any of the ...

15.28.290 Duty to enforce
It shall be the duty of all state and county law enforcement officers and all employees and agents of the department to aid in the ...

15.28.300 Rules and regulations -- Filing -- Publication
Every rule, regulation, or order promulgated by the commission shall be filed with the director, and shall be published in a legal newspaper of general ...

15.28.305 Rule making -- Exemptions
Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310 and the provisions of chapter 19.85 RCW, the regulatory fairness act, when ...

15.28.310 Authority to agents of commission to inspect
Agents of the commission, upon specific written authorization signed by the chairman or secretary-manager thereof, shall have the right to inspect the premises, books, records, ...

15.28.315 Certain records exempt from public disclosure -- Exceptions -- Actions not prohibited by chapter
(1) Under RCW 42.56.380, certain agricultural business records, commission records, and department of agriculture records relating to the commission and producers of agricultural commodities are ...

15.28.320 Funding staff support -- Rules
The director may provide by rule for a method to fund staff support for all commodity boards and commissions in accordance with RCW 43.23.033 if ...

15.28.325 Costs of implementing RCW 15.28.103
The costs incurred by the department of agriculture associated with the implementation of RCW 15.28.103 shall be paid for by the commission.[2003 c 396 § ...

15.28.901 Severability -- 2004 c 99
If any section, subsection, sentence, clause, or part of this chapter is for any reason held to be invalid or unconstitutional, the judicial decision does ...

15.28.910 Liberal construction
This chapter shall be liberally construed.[1961 c 11 § 15.28.910. Prior: 1947 c 73 § 33, part; Rem. Supp. 1947 § 2909-42, part.] ...