Revised Code of Washington - RCW Title 15 Agriculture And Marketing - Chapter 15.65 Washington State Agricultural Commodity Boards

15.65.010 Short title
This chapter shall be known and may be cited as the Washington state agricultural enabling act.[1961 c 256 § 1.] ...

15.65.020 Definitions
The following terms are hereby defined: (1) "Director" means the director of agriculture of the state of Washington or his or her duly appointed representative. ...

15.65.028 Regulating agricultural commodities -- Existing comprehensive scheme
The history, economy, culture, and the future of Washington state to a large degree all involve agriculture. In order to develop and promote Washington's agricultural ...

15.65.033 Regulating agricultural commodities -- Laws applicable
This chapter and the rules adopted under it are only one aspect of the comprehensively regulated agricultural industry. (1) Other laws applicable to agricultural commodities ...

15.65.040 Establishing a commodity board -- Marketing order -- Purposes
The director may adopt a marketing order that establishes a commodity board under this chapter for any of the following purposes: (1) To aid agricultural ...

15.65.043 Board may establish foundation
A commodity board may establish a foundation using commission funds as grant money when the foundation benefits the commodity for which the board was established. ...

15.65.047 Director's duties and responsibilities -- Amendments to marketing orders or agreements without a referendum -- Rules
(1) The director may adopt rules necessary to carry out the director's duties and responsibilities under this chapter including: (a) The issuance, amendment, or termination ...

15.65.050 Director to enforce and administer chapter -- Marketing agreements, orders issued, amended, notice, grounds for amendments
The director shall administer and enforce this chapter and it shall be his or her duty to carry out its provisions and put them into ...

15.65.060 Form, filing of marketing agreement, order, amendment, and other proceedings
The director shall cause any marketing agreement, order proposed for issuance, or amendment to be set out in detailed form and reduced to writing, which ...

15.65.070 Notice of hearing on proposal -- Publication -- Contents
The director shall publish notice of any hearing called for the purpose of considering and acting upon any proposal for a period of not less ...

15.65.090 Subpoenas -- Compelling attendance of witnesses, fees -- Immunity of witnesses
The director shall have the power to issue subpoenas for the production of any books, records, or documents of any kind and to subpoena witnesses ...

15.65.100 Director's findings and recommended decision, delivery of copies -- Taking official notice of facts from other agencies
The director shall make and publish findings based upon the facts, testimony and evidence received at the public hearings together with any other relevant facts ...

15.65.110 Filing objections to recommended decision -- Final decision -- Waiver
After the issuance of a recommended decision all interested parties shall have a period of not less than ten days to file objections or exceptions ...

15.65.120 Contents and scope of recommended and final decision -- Delivery of copies
The recommended decision shall contain the text in full of any recommended agreement, order, or amendment, and may deny or approve the proposal in its ...

15.65.130 Agreements binding only on those who assent in writing -- Agreement not effective until sufficient signatories to effectuate chapter -- When effective
With respect to marketing agreements, the director shall after publication of his final decision, invite all producers and handlers affected thereby to assent or agree ...

15.65.140 Minimum assent requirements prerequisite to order or amendment affecting producers or producer marketing
No marketing order or amendment thereto directly affecting producers or producer marketing shall be issued unless the director determines (in accordance with any of the ...

15.65.150 Minimum requirements prerequisite to order or amendment assessing handlers -- Assent by producers
Any marketing order or amendment thereto directly assessing handlers shall be issued either (1) when the director determines that the issuance of such order or ...

15.65.160 Ascertainment of required assent percentages
After publication of his final decision, the director shall ascertain (either by written agreement in accordance with subdivision (1) of this section or by referendum ...

15.65.170 Issuance or amendment of marketing order -- Assent -- Rules
If the director determines that the requisite assent has been given to issue or amend a marketing order, the issuance or amendment shall be adopted ...

15.65.175 Issuing, amending, or terminating a marketing order -- Limitation on public hearings or referendums
The director shall not be required to hold a public hearing or a referendum more than once in any twelve-month period on petitions to issue, ...

15.65.180 Suspension of marketing agreement or order upon advice of commodity board -- Certain prerequisites waived
The director may, upon the advice of the commodity board serving under any marketing agreement or order and without compliance with the provisions of RCW ...

15.65.183 Termination of marketing order or agreement -- Petition -- Procedure
The director may terminate a marketing order or agreement in accordance with this chapter. (1) To terminate a marketing order or agreement: (a) The director ...

15.65.185 Referendum prior to termination of a marketing order or agreement -- Procedure -- Exceptions
Except as provided in RCW 15.65.190 or subsection (4) of this section, the director, prior to termination of the marketing order or agreement, shall conduct ...

15.65.190 Termination of agreement or order on assent of producers -- Procedure
Any marketing agreement or order shall be terminated if the director finds that fifty-one percent by numbers and fifty-one percent by volume of production of ...

15.65.193 When marketing order or agreement is terminated -- Duties of affected commodity board
If after complying with the procedures outlined in this chapter and a referendum proposal to terminate a marketing order or agreement is assented to, the ...

15.65.200 Lists of affected parties -- Information used to establish lists -- Purpose and use
(1) Whenever application is made for the issuance of a marketing agreement or order or the director otherwise determines to hold a hearing for the ...

15.65.203 Certain records exempt from public disclosure -- Exceptions -- Actions not prohibited by chapter
(1) Pursuant to RCW 42.56.380, certain agricultural business records, commodity board records, and department of agriculture records relating to commodity boards and producers of agricultural ...

15.65.205 After any vote, referendum, nomination, or election -- Affected parties provided results -- Disputes
(1) Upon completion of any vote, referendum, or nomination and elections, the department shall tally the results of the vote and provide the results to ...

15.65.210 Powers and duties of director with respect to the administration and enforcement of agreements and orders -- Administrator -- Personnel
The director shall administer, enforce, direct, and control every marketing agreement and order in accordance with its provisions. For such purposes he shall include in ...

15.65.220 Commodity boards -- Membership -- Marketing agreement or order to establish and control -- Director votes
(1) Every marketing agreement and order shall provide for the establishment of a commodity board of not less than five nor more than thirteen members ...

15.65.230 Qualifications of members of commodity boards
A producer member of each commodity board must be a practical producer of the affected commodity and must be a citizen, resident of this state, ...

15.65.235 Producer-handlers as producers for membership purposes -- Exception
Whenever any commodity board is formed under the provisions of this chapter and it only affects producers and producer-handlers, then such producer-handlers shall be considered ...

15.65.240 Terms of members of commodity boards -- Elections or appointment
The term of office of board members shall be three years, and one-third as nearly as may be shall be elected or appointed every year: ...

15.65.243 When director appoints majority of the board -- Nominations -- Advisory vote -- Notice -- Director selects either of two candidates receiving the most votes
(1) This section or *RCW 15.65.245 applies when the director appoints a majority of the board positions as set forth under RCW 15.65.220(3). (2) Candidates ...

15.65.250 Nominations for election to commodity board -- When only one nominee
For the purpose of nominating candidates for board memberships, the director shall call separate meetings of the affected producers and handlers within the affected area ...

15.65.260 Election of members of commodity board -- Procedure
(1) The elected members of every commodity board shall be elected by secret mail ballot under the supervision of the director. Elected producer members of ...

15.65.270 Vacancies, quorum, compensation, travel expenses of commodity board members and employees
(1) In the event of a vacancy in an elected position on the board, the remaining board members shall select a qualified person to fill ...

15.65.280 Powers and duties of commodity board -- Reservation of power to director
The powers and duties of the board shall be: (1) To elect a chairman and such other officers as it deems advisable; (2) To advise ...

15.65.283 Members may belong to association with same objectives -- Contracts with other associations authorized
Any member of an agricultural commodity board may also be a member or officer of an association which has the same objectives for which the ...

15.65.285 Restrictive provisions of chapter 43.78 RCW not applicable to promotional printing and literature of commodity boards
The restrictive provisions of chapter 43.78 RCW, as now or hereafter amended, shall not apply to promotional printing and literature for any commodity board.[1972 ex.s. ...

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

15.65.289 Commission speaks for state -- Director's oversight
Each commission organized under a marketing order adopted under this chapter exists primarily for the benefit of the people of the state of Washington and ...

15.65.290 Claims and liabilities, enforcement against organization -- Personal liabilities of officials, employees, etc
Obligations incurred by any administrator or board or employee or agent thereof pertaining to their performance or nonperformance or misperformance of any matters or things ...

15.65.295 Lists of all affected producers and handlers -- Affected parties responsible for accuracy -- Use of lists
(1) Each commodity board shall prepare a list of all affected producers from any information available from the department, producers, producer associations or organizations, or ...

15.65.300 Agreement or order to contain detailed statement of powers and purposes
The purposes for which each marketing agreement and order is issued and the powers which shall be exercised thereunder shall be stated in detail in ...

15.65.305 Promotional hosting expenditures -- Rules
Agricultural commodity boards shall adopt rules governing promotional hosting expenditures by commodity board employees, agents, or board members under RCW 15.04.200.[2002 c 313 § 31.]Notes: ...

15.65.310 Advertising, sale, trade barrier, claim, etc., provisions in agreement or order
Any marketing agreement or order may provide for advertising, sales, promotion and/or other programs for maintaining present markets and/or creating new or larger markets for ...

15.65.320 Agreement and order provisions for research
Any marketing agreement or order may provide for research in the production, processing and/or distribution of the affected commodity and for the expenditure of money ...

15.65.330 Agreement and order provisions for uniform grades and standards -- Enforcement -- Rules
Any marketing agreement or order may contain provisions which directly provide for, or which authorize the director or his designee to provide by rules and ...

15.65.340 Agreement and order provisions prohibiting or regulating certain practices
Any marketing agreement or order may contain provisions prohibiting and/or otherwise regulating any one or more or all of the practices listed to the extent ...

15.65.350 Agreement and order to define applicable area -- "Production area" -- "Marketing area.
Every marketing agreement and order shall define the area to which it applies which may be all or any contiguous portion of the state. Such ...

15.65.360 Agreement and order provisions for marketing information, services, verification of grades, standards, sampling, etc
Any marketing agreement or order may provide for marketing information and services to producers and for the verification of grades, standards, weights, tests and sampling ...

15.65.370 Agreement or order not to prohibit or discriminatorily burden marketing
No marketing agreement or order or amendment thereto shall prohibit or discriminatorily burden the marketing in its area of any agricultural commodity or product thereof ...

15.65.375 Agreement and order provisions -- Participation in proceedings concerning regulation of pesticides or agricultural chemicals
Any marketing agreement or order may authorize the members of a commodity board, or their agents or designees, to participate in federal or state hearings ...

15.65.380 Additional agreement or order provisions
Any marketing agreement or order may contain any other, further, and different provisions which are incidental to and not inconsistent with this chapter and which ...

15.65.390 Annual assessment -- Limitation generally
There is hereby levied, and the director or his designee shall collect, upon each and every affected unit of any agricultural commodity specified in any ...

15.65.400 Rate of assessment
In every marketing agreement and order the director shall prescribe the rate of such assessment. Such assessment shall be expressed as a stated amount of ...

15.65.410 Time, place, method for payment and collection of assessments
The director shall prescribe in each marketing order and agreement the time, place and method for payment and collection of assessments under such order or ...

15.65.420 Use of moneys collected -- Departmental expenses
Moneys collected by the director or his designee pursuant to any marketing order or agreement from any assessment or as an advance deposit thereon, shall ...

15.65.430 Refunds of moneys received or collected
Any moneys collected or received by the director or his or her designee pursuant to the provisions of any marketing agreement or order during or ...

15.65.440 Assessments personal debt -- Additional percentage if not paid -- Civil action to collect
Any due and payable assessment herein levied in such specified amount as may be determined by the director or his designee pursuant to the provisions ...

15.65.450 Deposit to defray department's expenses -- Circumstances requiring reimbursement
Prior to the issuance of any marketing agreement or order, the director may require the applicants therefor to deposit with him or her such amount ...

15.65.470 Depositaries for revolving fund -- Deposits
The director or his or her designee shall designate financial institutions which are qualified public depositaries under chapter 39.58 RCW as depositary or depositaries of ...

15.65.480 Separate accounts for each agreement or order -- Disbursements
The director and each of his designees shall deposit or cause to be deposited all moneys which are collected or otherwise received by them pursuant ...

15.65.490 Records of financial transactions to be kept by director -- Audits
The director and each of his designees shall keep or cause to be kept separately for each agreement and order in accordance with accepted standards ...

15.65.500 Bonds of administrator, board, employee
The director or his designee shall require that a bond be given by every administrator, administrative board and/or employee occupying a position of trust under ...

15.65.510 Information and inspections required -- Hearings -- Confidentiality and disclosures
All parties to a marketing agreement, all persons subject to a marketing order, and all producers, dealers, and handlers of a commodity governed by the ...

15.65.520 Criminal acts and penalties
It shall be a misdemeanor: (1) For any person to violate any provision of this chapter or any provision of any marketing agreement or order ...

15.65.530 Civil liability -- Use of moneys recovered
Any person who violates any provisions of this chapter or any marketing agreement or order duly issued and in effect pursuant to this chapter or ...

15.65.540 Jurisdiction of superior courts -- Who may bring action
The several superior courts of the state of Washington are hereby vested with jurisdiction: (1) Specifically to enforce this chapter and the provisions of each ...

15.65.550 Duty of attorney general and prosecuting attorneys -- Investigation and hearing by director
Upon the request of the director or his designee, it shall be the duty of the attorney general of the state of Washington and of ...

15.65.560 Remedies additional
The remedies provided for in this chapter shall be in addition to, and not exclusive of, any other remedies or penalties provided for in this ...

15.65.570 Proceedings subject to administrative procedure act -- Exemptions
(1) All proceedings conducted under this chapter shall be subject to the provisions of chapter 34.05 RCW unless otherwise provided for in this chapter. (2) ...

15.65.580 Director may issue agreement or order similar to license or order issued by United States -- Administrator, board
In the event the director finds that it tends to effectuate the declared purposes of this chapter within the standards prescribed in this chapter, the ...

15.65.590 Cooperation, joint agreements or orders with other states and United States to achieve uniformity
The director and his designee are hereby authorized to confer with and cooperate with the legally constituted authorities of other states and of the United ...

15.65.600 Public interest to be protected -- Establishment of prices prohibited
The director shall protect the public interest and the interest of all consumers and producers of every agricultural commodity regulated by every marketing agreement and ...

15.65.620 Chapter not to affect other laws -- Agreements and orders under prior law may be made subject to chapter
Nothing in this chapter shall apply to nor alter nor change any provision of the statutes of the state of Washington relating to the *apple ...

15.65.630 Application of chapter to canners, freezers, pressers, dehydrators of fruit or vegetables
Except for the provisions of this chapter relating to levying, collecting, and paying assessments, nothing in this chapter shall apply to any person engaged in ...

15.65.640 Chapter not to apply to green pea grower or processor
Nothing in this chapter shall apply to any person engaged in growing of or processing green peas.[1961 c 256 § 64.] ...

15.65.650 Hop commodity board -- Powers
In order to ensure a viable and stable hop industry within the state of Washington and to further the policies set forth in RCW 15.65.040(2) ...

15.65.670 Costs of implementing RCW 15.65.287
The costs incurred by the department associated with the implementation of RCW 15.65.287 shall be paid for by the affected commodity commissions.[2003 c 396 § ...

15.65.900 Savings -- 1961 c 256
This chapter shall not repeal, amend or modify chapter 15.66 RCW, or any other law providing for the marketing of agricultural commodities and/or providing for ...

15.65.910 Severability -- 1961 c 256
If any section, sentence, clause or part of this act is for any reason held to be unconstitutional, such decision shall not affect the remaining ...