Revised Code of Washington - RCW Title 15 Agriculture And Marketing - Chapter 15.58 Washington Pesticide Control Act

15.58.010 Short title
This chapter may be known and cited as the Washington Pesticide Control Act.[1971 ex.s. c 190 § 1.] ...

15.58.020 Declaration of public interest
The formulation, distribution, storage, transportation, and disposal of any pesticide and the dissemination of accurate scientific information as to the proper use, or nonuse, of ...

15.58.030 Definitions
As used in this chapter the words and phrases defined in this section shall have the meanings indicated unless the context clearly requires otherwise. (1) ...

15.58.040 Director's authority -- Rules
(1) The director shall administer and enforce the provisions of this chapter and rules adopted under this chapter. All the authority and requirements provided for ...

15.58.045 Disposal of unusable pesticides -- Rules
The director of agriculture may adopt rules to allow the department of agriculture to take possession and dispose of canceled, suspended, or otherwise unusable pesticides ...

15.58.050 Registration of pesticides -- Generally
Every pesticide which is distributed within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any ...

15.58.060 Statement for registration -- Contents
(1) The applicant for registration shall file a statement with the department which shall include: (a) The name and address of the applicant and the ...

15.58.065 Protection of privileged or confidential information
(1) In submitting data required by this chapter, the applicant may: (a) Mark clearly any portions which in the applicant's opinion are trade secrets or ...

15.58.070 Pesticide annual registration fee -- Expiration of registrations -- Deposit in agricultural local fund
(1) All registrations issued by the department expire December 31st of the following year except that registrations issued by the department to a registrant who ...

15.58.080 Additional fee for late registration renewal
If the renewal of a pesticide registration or special needs registration is not filed by the day the registration expires, an additional fee of fifty ...

15.58.090 Certain agencies may register without fee -- Not subject to RCW 15.58.180
All federal, state, and county agencies shall register without fee all pesticides sold by them and they shall not be subject to the license provisions ...

15.58.100 Criterion for registering
(1) The director shall require the information required under RCW 15.58.060 and shall register the label or labeling for such pesticide if he determines that: ...

15.58.110 Refusing or canceling registration -- Procedure
(1) If it does not appear to the director that the pesticide is such as to warrant the proposed claims for it or if the ...

15.58.120 Suspension of registration when hazard to public health
The director may, when the director determines that there is or may be an imminent hazard to the public health and welfare, suspend on the ...

15.58.130 "Misbranded" as applicable to pesticides, devices, or spray adjuvants
The term "misbranded" shall apply: (1) To any pesticide or device if its labeling bears any statement, design, or graphic representation relative thereto or to ...

15.58.140 "Adulterated" as applicable to pesticides
The term "adulterated" shall apply to any pesticide if its strength or purity deviates from the professed standard or quality as expressed on its labeling ...

15.58.150 Unlawful practices
(1) It is unlawful for any person to distribute within the state or deliver for transportation or transport in intrastate commerce or between points within ...

15.58.160 Violations of chapter -- "Stop sale, use or removal" order
When the director has reasonable cause to believe a pesticide or device is being distributed, stored, or transported in violation of any of the provisions ...

15.58.170 "Stop sale, use or removal" order -- Adjudication
(1) After service of a "stop sale, use or removal" order is made upon any person, either that person or the director may file an ...

15.58.180 Pesticide dealer license -- Generally
(1) Except as provided in subsections (4) and (5) of this section, it is unlawful for any person to act in the capacity of a ...

15.58.200 Pesticide dealer manager -- License qualifications
The director shall require each pesticide dealer manager to demonstrate to the director knowledge of pesticide laws and rules; pesticide hazards; and the safe distribution, ...

15.58.205 Structural pest inspector licenses -- Required -- Exemptions
(1) Except as provided in subsection (2) of this section, no individual may perform services as a structural pest inspector or advertise that they perform ...

15.58.206 Structural pest inspector licenses -- Exemption -- Home inspectors
A person licensed as a home inspector under chapter 18.280 RCW is exempt from licensing as a structural pest inspector except when reporting on the ...

15.58.207 Structural pest inspector licenses -- Examination
The director shall require each applicant for a structural pest inspector license to demonstrate to the director the applicant's knowledge of applicable laws and regulations; ...

15.58.210 Pest control consultant licenses -- Required -- Exemptions
(1) Except as provided in subsection (2) of this section, no individual may perform services as a pest control consultant without obtaining a license from ...

15.58.220 Public pest control consultant license
For the purpose of this section public pest control consultant means any individual who is employed by a governmental agency or unit to act as ...

15.58.230 Consultant's license -- Requirements
The director shall require each applicant for a pest control consultant's license or a public pest control consultant's license to demonstrate to the director the ...

15.58.233 Renewal of licenses -- Recertification standards
(1) The director may renew any license issued under this chapter subject to the recertification standards identified in subsection (2) of this section or an ...

15.58.235 Renewal of licenses -- Delinquency
(1) If an application for renewal of a pesticide dealer license is not filed on or before the master license expiration date, the master license ...

15.58.240 Classification of licenses
The director may classify licenses to be issued under the provisions of this chapter. Such classifications may include but not be limited to agricultural crops, ...

15.58.250 Recordkeeping requirements
Any person issued a license or permit under the provisions of this chapter may be required by the director to keep accurate records on a ...

15.58.260 Civil penalties and/or denial, suspension, or revocation of license, registration or permit
The director is authorized to impose a civil penalty and/or deny, suspend, or revoke any license, registration or permit provided for in this chapter subject ...

15.58.270 Subpoenas -- Witness fees
The director may issue subpoenas to compel the attendance of witnesses and/or production of books, documents and records in the county in which the person ...

15.58.280 Sampling and examination of pesticides or devices -- Procedure when criminal proceedings contemplated
The sampling and examination of pesticides or devices shall be made under the direction of the director for the purpose of determining whether or not ...

15.58.290 Minor violations, warning notice in writing
Nothing in this chapter shall be construed as requiring the director to report for prosecution or for the institution of condemnation proceedings minor violations of ...

15.58.300 Persons exempted from certain penalties under RCW 15.58.150
The penalties provided for violations of RCW 15.58.150(1)(a), (b), (c), (d), and (e) shall not apply to: (1) Any carrier while lawfully engaged in transporting ...

15.58.310 Pesticides for foreign export not in violation of chapter
No pesticides shall be deemed in violation of this chapter when intended solely for export to a foreign country, and when prepared or packed according ...

15.58.320 Certain pharmacists exempted from licensing provisions
The license provisions of this chapter shall not apply to any pharmacist who is licensed pursuant to chapter 18.64 RCW and does not distribute any ...

15.58.330 Violation of chapter -- Misdemeanor
Any person violating any provisions of this chapter or rules adopted under this chapter is guilty of a misdemeanor.[1989 c 380 § 26; 1971 ex.s. ...

15.58.335 Civil penalty
Every person who fails to comply with this chapter or the rules adopted under it may be subjected to a civil penalty, as determined by ...

15.58.340 Injunction
The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any rule made pursuant to ...

15.58.345 Damages -- Civil action not precluded
Nothing in this chapter shall preclude any person aggrieved by a violation of this chapter from bringing suit in a court of competent jurisdiction for ...

15.58.350 Persons charged with enforcement barred from interest in pesticides, devices
No person charged with the enforcement of any provision of this chapter shall be directly or indirectly interested in the sale, manufacture or distribution of ...

15.58.360 No recovery of damages when probable cause
No state court shall allow the recovery of damages from administrative action taken or for "stop sale, use or removal" if the court finds that ...

15.58.370 Results of analyses to be published
The department shall publish at least annually and in such form as it may deem proper, results of analyses based on official samples as compared ...

15.58.380 Board to advise director
The pesticide advisory board shall advise the director on any or all problems relating to the formulation, distribution, storage, transportation, disposal, and use of pesticides ...

15.58.400 Cooperation and agreements with other agencies
The director is authorized to cooperate with and enter into agreements with any other agency of the state, the United States, and any other state ...

15.58.405 Emergency situations -- Special local needs -- Experimental use permits
For the purpose of exercising the authority granted to the state under the provisions of FIFRA, the director may: (1) Meet emergency conditions in this ...

15.58.411 Use of license fees -- Deposit of money collected for civil penalties
All license fees collected under this chapter shall be paid to the director for use exclusively in the enforcement of this chapter. All moneys collected ...

15.58.420 Report to legislature
By February 1st of each year the department shall report to the appropriate committees of the house of representatives and the senate on the activities ...

15.58.445 Wood destroying organism inspections -- License required
It is unlawful for any business to conduct complete wood destroying organism inspections without having obtained a company license from the director. Application for a ...

15.58.450 Wood destroying organism inspection report -- Unique inspection control number required
It is unlawful for any person to issue a wood destroying organism inspection report, prepared in conjunction with the transfer, exchange, or refinancing of any ...

15.58.460 Structural pest inspector -- Evidence of financial responsibility required -- Exemptions
(1) The director shall not issue a license to any individual who intends to act as a structural pest inspector until evidence of financial responsibility, ...

15.58.465 Structural pest inspector -- Forms of evidence of financial responsibility -- Amount -- Terms
(1) The following requirements apply to the forms of evidence of financial responsibility required under RCW 15.58.460. (a) Errors and Omissions Insurance. The amount of ...

15.58.470 Structural pest inspector -- Failure to meet financial responsibility requirements
Whenever the form of evidence of financial responsibility for a structural pest inspector license is reduced below the requirements of RCW 15.58.465 or no longer ...

15.58.900 Effective date -- 1971 ex.s. c 190
The effective date of this act is July 1, 1971: PROVIDED, That the effective date of sections 21, 22 and 23 is March 1, 1973.[1971 ...

15.58.901 Effective date -- 2000 c 96
This act takes effect July 1, 2000.[2000 c 96 § 10.] ...

15.58.910 Continuation of rules adopted pursuant to repealed sections
The repeal of RCW 15.57.010 through 15.57.930 and the enactment of this chapter shall not be deemed to have repealed any rules adopted under the ...

15.58.920 Existing liabilities not affected
The enactment of this chapter shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already ...

15.58.940 Severability -- 1971 ex.s. c 190
If any provisions of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application ...

15.58.941 Severability -- 1979 c 146
If any provision of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the ...

15.58.942 Severability -- 1989 c 380
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...

15.58.943 Effective date -- 2003 c 212
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public ...