Revised Code of Washington - RCW Title 20 Commission Merchants -- Agricultural Products - Chapter 20.01 Agricultural Products -- Commission Merchants, Dealers, Brokers, Buyers, Agents

• 20.01.010 Definitions
  As used in this title the terms defined in this section have the meanings indicated unless the context clearly requires otherwise. (1) "Director" means the ...
• 20.01.020 Rules and regulations -- Enforcement of chapter -- Interference prohibited
  The director, but not his duly authorized representative, may adopt such rules and regulations as are necessary to carry out the purpose of this chapter. ...
• 20.01.030 Exemptions
  This chapter does not apply to: (1) Any cooperative marketing associations or federations incorporated under, or whose articles of incorporation and bylaws are equivalent to, ...
• 20.01.038 License required of persons dealing in livestock, hay, grain, or straw
  Any person who deals in livestock, hay, grain or straw, other than the producer or grower thereof, shall license as a dealer or commission merchant ...
• 20.01.040 License -- Generally
  No person may act as a commission merchant, dealer, broker, cash buyer, or agent without a license. Any person applying for such a license shall ...
• 20.01.050 License renewals
  If an application for renewal of a commission merchant, dealer, broker or cash buyer license is not filed prior to the prescribed renewal date a ...
• 20.01.060 Licensee in one class may obtain license in another -- Additional fee
  Any person licensed as a commission merchant, dealer, or broker, in the manner prescribed in this chapter, may apply for and secure a license in ...
• 20.01.070 Application for license -- Contents
  Application for a license shall be on a form prescribed by the director and shall state the full name of the person applying for such ...
• 20.01.080 Commission merchant's schedule of commissions and charges -- Changes, posting
  Any person applying for a commission merchant's license shall include in his or her application a schedule of commissions, together with an itemized list of ...
• 20.01.086 Waiver of reporting, accounting, and record-keeping requirements prohibited
  Except where specifically provided in this chapter, the reporting, accounting, and record-keeping requirements of this chapter, being matters of public interest, may not be waived ...
• 20.01.090 Agent to disclose principal licensee and his endorsement
  Any person applying for an agent's license shall include the name and address of the principal licensee represented or sought to be represented by such ...
• 20.01.100 Issuance of license -- Expiration date -- Fraudulent application grounds for refusal, revocation
  The director, upon his satisfaction that the applicant has met the requirements of this chapter and rules and regulations adopted hereunder, shall issue a license ...
• 20.01.110 Publication of list of licensees and rules -- Posting license
  The director may publish a list, as often as he deems necessary, of all persons licensed under this chapter together with all the necessary rules ...
• 20.01.120 Vehicle license plates
  The licensee shall prominently display license plates issued by the director on the front and back of any vehicle used by the licensee to transport ...
• 20.01.125 Hay or straw -- Certified vehicle tare and load weights -- Violations
  Every dealer and commission merchant dealing in hay or straw shall obtain a certified vehicle tare weight and a certified vehicle gross weight for each ...
• 20.01.130 Disposition of moneys
  All fees and other moneys received by the department under this chapter shall be paid to the director and used solely for the purpose of ...
• 20.01.140 Change in organization of firm to be reported
  Any change in the organization of any firm, association, exchange, corporation, or partnership licensed under this chapter shall be reported to the director and the ...
• 20.01.150 Denial, suspension, revocation of licenses, probationary orders -- Authority
  The director is authorized to deny, suspend, or revoke a license or issue conditional or probationary orders in the manner prescribed herein, in any case ...
• 20.01.160 Denial, suspension, revocation of licenses, probationary orders -- Procedure
  In all proceedings for revocation, suspension, or denial of a license, or the issuance of a conditional or probationary order, the licensee or applicant shall ...
• 20.01.170 Denial, suspension, revocation of licenses, probationary orders -- Subpoenas, witnesses, testimony, fees
  The director may issue subpoenas to compel the attendance of witnesses, and/or the production of books or documents, anywhere in the state. The licensee or ...
• 20.01.180 Denial, suspension, revocation of licenses, probationary orders -- Findings and conclusions -- Record
  The director shall hear and determine the charges, make findings and conclusions upon the evidence produced, and file them in his office, together with a ...
• 20.01.190 Denial, suspension, revocation of licenses, probationary orders -- Final action in writing -- Appeal to superior court
  The revocation, suspension or denial of a license, or the issuance of conditional or probationary orders, shall be in writing signed by the director, stating ...
• 20.01.200 Denial, suspension, revocation of licenses, probationary orders -- Appellate review
  Appellate review of the judgment of the superior court may be sought as provided in other civil cases.[1988 c 202 § 24; 1971 c 81 ...
• 20.01.205 License suspension--Noncompliance with support order -- Reissuance
  The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social ...
• 20.01.210 Commission merchants, dealers -- Bonds
  (1) Before the license is issued to any commission merchant or dealer, or both, the applicant shall execute and deliver to the director a surety ...
• 20.01.211 Alternative bonding provision for certain dealers
  (1) In lieu of the bonding provision required by RCW 20.01.210, any dealer who buys, agrees to buy, or pays for the production or increase ...
• 20.01.212 Livestock dealers bonded under federal law
  If an applicant for a commission merchant's and/or dealer's license is bonded as a livestock dealer or packer under the provisions of the Packers and ...
• 20.01.214 Appeal from rejected bond claim
  Upon any bond claim being denied by the director the claimant must appeal such action to the superior court in the county where this claimant ...
• 20.01.220 Action on bond for fraud
  Any consignor of an agricultural product claiming to be injured by the fraud of any commission merchant and/or dealer or their agents may bring action ...
• 20.01.230 Action on bond for failure to comply with chapter
  The director or any consignor of an agricultural product may also bring action upon said bond against both principal and surety in any court of ...
• 20.01.240 Claims against commission merchant, dealer
  (1) Any consignor who believes he or she has a valid claim against the bond of a commission merchant or dealer shall file a claim ...
• 20.01.250 Failure of consignor to file claim, time limitation
  If a consignor creditor so addressed fails, refuses or neglects to file in the office of the director his verified claim as requested by the ...
• 20.01.260 Director not liable if circumstances prevent ascertainment of creditors -- Demand on bond
  Where by reason of the absence of records, or other circumstances making it impossible or unreasonable for the director to ascertain the names and addresses ...
• 20.01.270 Demand on bond after claims ascertained -- Power of director to settle, compromise
  Upon ascertaining all claims and statements in the manner herein set forth, the director may then make demand upon the bond on behalf of those ...
• 20.01.280 Action on bond after refusal to pay -- New bond, failure to file
  Upon the refusal of the surety company to pay the demand the director may thereupon bring an action on the bond in behalf of said ...
• 20.01.300 Verified complaints of consignor -- Investigations
  For the purpose of enforcing the provisions of this chapter the director is authorized to receive verified complaints from any consignor against any commission merchant, ...
• 20.01.310 Oaths, testimony, witnesses, subpoenas -- Contempt proceedings -- Records as evidence
  The director or his authorized agents are empowered to administer oaths of verification on said complaints. He shall have full authority to administer oaths and ...
• 20.01.320 Investigations, examinations, inspections -- Search warrants -- Subpoenas
  The director on his or her own motion or upon the verified complaint of any interested party may investigate, examine, or inspect (1) any transaction ...
• 20.01.330 Denial, revocation, suspension, or condition of licenses, probationary orders -- Grounds
  The director may refuse to grant a license or renew a license and may revoke or suspend a license or issue a conditional or probationary ...
• 20.01.340 Denial, revocation, suspension of licenses, probationary orders -- Previous violations as grounds
  Previous violation by the applicant or licensee, or by any person connected with him, of any of the provisions of this chapter and/or rules and ...
• 20.01.350 Denial, revocation, suspension of licenses, probationary orders -- Hearing, investigation -- Findings required -- Notices
  The director, after hearing or investigation, may refuse to grant a license or renewal thereof and may revoke or suspend any license or issue a ...
• 20.01.360 Order of revocation, suspension
  Any order revoking or suspending a license may, within the discretion of the director, be made conditional upon the settlement, adjustment or satisfaction of the ...
• 20.01.370 Commission merchants -- Recordkeeping
  Every commission merchant taking control of any agricultural products for sale as such commission merchant, shall promptly make and keep for a period of three ...
• 20.01.380 Dealers, cash buyers, livestock dealers -- Recordkeeping -- Carrying identification and health documents
  Every dealer or cash buyer purchasing any agricultural products from the consignor thereof shall promptly make and keep for three years a correct record showing ...
• 20.01.385 Failure to comply -- Construction of transaction
  Whenever a commission merchant or dealer handling any agricultural products fails to carry out the provisions of RCW 20.01.370 as now or hereafter amended or ...
• 20.01.390 When dealer must pay for products delivered to him
  (1) Every dealer must pay for agricultural products, except livestock, delivered to him at the time and in the manner specified in the contract with ...
• 20.01.400 Broker's memorandum of sale
  Every broker, upon negotiating the sale of agricultural products, shall issue to both buyer and seller a written memorandum of sale, showing price, date of ...
• 20.01.410 Manifest of cargo -- Bill of lading
  (1) A copy of a manifest of cargo, on a form prescribed by the director, shall be carried on any vehicle transporting agricultural products purchased ...
• 20.01.420 Commission merchant's report of sale to consignor
  When requested by a consignor, a commission merchant shall promptly make available to the consignor or to the director all records of the ongoing sales ...
• 20.01.430 Commission merchant's remittance to consignor
  Every commission merchant shall remit to the consignor of any agricultural product the full price for which such agricultural product was sold within thirty days ...
• 20.01.440 Commission merchant's copy of records to be retained -- Inspection -- Department's certificate of condition, quality, etc
  Every commission merchant shall retain a copy of all records covering each transaction for a period of three years from the date thereof, which copy ...
• 20.01.450 Claims against seller by dealer, cash buyer -- Credit to dealer, cash buyer against consignor -- Certificate of proof
  No claim may be made as against the seller of agricultural products by a dealer or cash buyer under this chapter, and no credit may ...
• 20.01.460 Prohibited acts -- Penalties
  (1) Any person who violates the provisions of this chapter or fails to comply with the rules adopted under this chapter is guilty of a ...
• 20.01.465 Time of sale requirement -- Unlawful practice
  (1) In the preparation and use of written contracts, it is unlawful for a commission merchant to include in such contracts a requirement that a ...
• 20.01.470 Action to enjoin violation of chapter
  The director may bring an action to enjoin the violation or the threatened violation of any provision of this chapter or of any order made ...
• 20.01.475 Licensee under chapter -- Prima facie evidence acting as licensee handling agricultural products
  It shall be prima facie evidence that a licensee licensed under the provisions of *this 1971 amendatory act is acting as such in the handling ...
• 20.01.480 Violations resulting in improper or nonpayment -- Charges
  When a violation has occurred which results in improper payment or nonpayment and a claim is made to the department and the payment is secured ...
• 20.01.482 Civil infractions -- Notice -- Misdemeanors
  (1) The director shall have the authority to issue a notice of civil infraction if an infraction is committed in his or her presence or, ...
• 20.01.484 Civil infractions -- Response to notice
  (1) Any person who receives a notice of infraction shall respond to such notice as provided in this section within fifteen days of the date ...
• 20.01.486 Civil infractions -- Hearing to contest charge -- Order -- Appeal
  A hearing held for the purpose of contesting the determination that an infraction has been committed shall be held without jury. The court may consider ...
• 20.01.488 Civil infractions -- Informal hearing on mitigating circumstances -- Order -- No appeal
  A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. ...
• 20.01.490 Civil infractions -- Monetary penalty -- Failure to pay, misdemeanor
  (1) Any person found to have committed a civil infraction under this chapter shall be assessed a monetary penalty. No monetary penalty so assessed may ...
• 20.01.500 "Grower," "processor" defined -- Application of exemption contained in RCW 20.01.030(1)
  Notwithstanding any other provision of law, for the purposes of RCW 20.01.510 through 20.01.550 the term "grower" and the term "processor" shall have the meanings ...
• 20.01.510 Processor's form showing maximum processing capacity
  In order to carry out the purposes of *this 1971 amendatory act, the director may require a processor to annually complete a form prescribed by ...
• 20.01.520 Processor to have grower contracts and commitments on file
  By a date or dates prescribed prior to planting time by the director, the director, in order to carry out the purposes of *this 1971 ...
• 20.01.530 Grower may file form showing crops processor is committed to purchase
  Any grower may file with the director on a form prescribed by him the acres of crops and/or quantity of crops to be harvested during ...
• 20.01.540 Committing to purchase more crops than plants can process -- Violation
  Any processor who, from the information filed with the director, appears to or has committed himself either orally or in writing to purchase more crops ...
• 20.01.550 Discrimination by processor
  Any processor who discriminates between growers with whom he contracts as to price, conditions for production, harvesting, and delivery of crops which is not supportable ...
• 20.01.560 Effective date of RCW 20.01.500 through 20.01.550
  RCW 20.01.500 through 20.01.550 shall take effect beginning on September 1, 1972.[1971 ex.s. c 182 § 21.] ...
• 20.01.570 Cash or other security in lieu of surety bond
  In lieu of the surety bond required under the provisions of this chapter, an applicant or licensee may file with the director a deposit consisting ...
• 20.01.610 Authority to stop vehicle violating chapter -- Failure to stop, civil infraction
  The director may establish points of inspection for vehicles transporting agricultural products on the public roads of this state. Vehicles transporting agricultural products on the ...
• 20.01.900 Chapter cumulative and nonexclusive
  The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.[1959 c 139 § 48.] ...
• 20.01.910 Severability -- 1959 c 139
  If any section or provision of this chapter shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ...
• 20.01.911 Severability -- 1963 c 232
  See RCW 15.61.900. ...
• 20.01.912 Severability -- 1967 c 240
  See note following RCW 43.23.010. ...
• 20.01.913 Severability -- 1979 ex.s. c 115
  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 ...
• 20.01.920 Effective date -- 1959 c 139
  The effective date of this chapter shall be January 1, 1960.[1959 c 139 § 50.] ...
• 20.01.930 Repealer
  Chapter 14, Laws of 1955 as amended by section 4, chapter 262, Laws of 1955, section 3, chapter 262, Laws of 1955, sections 1 and ...
• 20.01.940 Repealer -- Savings -- 1979 ex.s. c 115
  Section 10, chapter 102, Laws of 1974 ex. sess., section 12, chapter 304, Laws of 1977 ex. sess. and RCW 20.01.445 are each repealed. Such ...

Last modified: April 7, 2009