Revised Code of Washington - RCW Title 22 Warehousing And Deposits - Chapter 22.09 Agricultural Commodities

22.09.011 Definitions
The definitions set forth in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of agriculture of ...

22.09.020 Department authority -- Rules
The department shall administer and carry out the provisions of this chapter and rules adopted hereunder, and it has the power and authority to: (1) ...

22.09.030 Warehouse license or licenses required
It shall be unlawful for any person to operate a warehouse in the state of Washington without first having obtained an annual license from the ...

22.09.035 Grain dealer license required, exception
It is unlawful for any person to operate as a grain dealer in the state of Washington without first having obtained an annual license from ...

22.09.040 Application for warehouse license
Application for a license to operate a warehouse under the provisions of this chapter shall be on a form prescribed by the department and shall ...

22.09.045 Application for grain dealer license
Application for a license to operate as a grain dealer under the provisions of this chapter shall be on a form prescribed by the department ...

22.09.050 Warehouse license fees -- Penalty
Any application for a license to operate a warehouse shall be accompanied by a license fee of one thousand three hundred fifty dollars for a ...

22.09.055 Grain dealer -- Exempt grain dealers -- License fees -- Penalty
An application for a license to operate as a grain dealer shall be accompanied by a license fee of seven hundred fifty dollars. The license ...

22.09.060 Bond or certificate of deposit and insurance prerequisite to license -- Exemption
Except as provided in RCW 22.09.405(2), no warehouse or grain dealer license may be issued to an applicant before a bond, certificate of deposit, or ...

22.09.070 Warehouse licenses -- Issuance -- Posting -- Duration
The department shall issue a warehouse license to an applicant upon its determination that the applicant has facilities adequate for handling and storage of commodities ...

22.09.075 Grain dealer licenses -- Issuance -- Posting -- Duration
The department shall issue a grain dealer license to an applicant upon its determination that the application is in its proper form and upon approval ...

22.09.080 Licenses -- Denial -- Suspension -- Revocation
The department is authorized to deny, suspend, or revoke a license after a hearing in any case in which it is determined that there has ...

22.09.090 Bond requisites -- Certificate of deposit or other security -- Additional security -- Suspension of license for failure to maintain
(1) An applicant for a warehouse or grain dealer license pursuant to the provisions of this chapter shall give a bond to the state of ...

22.09.095 Single bond by multiple applicants
(1) Two or more applicants for a warehouse or grain dealer license may provide a single bond to the state of Washington, executed by a ...

22.09.100 Bonds -- Duration -- Release of surety -- Cancellation by surety
(1) Every bond filed with and approved by the department shall without the necessity of periodic renewal remain in force and effect until such time ...

22.09.110 Casualty insurance required -- Certificate to be filed
All commodities in storage in a warehouse shall be kept fully insured for the current market value of the commodity for the license period against ...

22.09.120 Insurance -- Cancellation procedure -- Suspension of license
(1) Upon the existence of an effective policy of insurance as required in RCW 22.09.110, the insurance company involved shall be required to give thirty ...

22.09.130 Rights and duties of warehousemen -- Duty to serve -- Receipts -- Special binning -- Unsuitable commodities -- Put through commodities
(1) Every warehouseman shall receive for handling, conditioning, storage, or shipment, so far as the capacity and facilities of his warehouse will permit, all commodities ...

22.09.140 Rights and duties of licensees -- Partial withdrawal -- Adjustment or substitution of receipt -- Liability to third parties
(1) When partial withdrawal of his commodity is made by a depositor, the warehouseman shall make appropriate notation thereof on the depositor's nonnegotiable receipt or ...

22.09.150 Rights and duties of warehousemen -- Delivery of stored commodities -- Damages
(1) The duty of the warehouseman to deliver the commodities in storage is governed by the provisions of this chapter and the requirements of Article ...

22.09.160 Rights and duties of licensees -- Disposition of hazardous commodities
(1) If a warehouseman discovers that as a result of a quality or condition of a certain commodity placed in his warehouse, including identity preserved ...

22.09.170 Rights and duties of warehousemen -- Special disposition of commodities under written order
If the owner of the commodity or his authorized agent gives or furnishes to a licensed warehouseman a written instruction or order, and if the ...

22.09.175 Presumptions regarding commodities -- Approval of contracts
(1) A commodity deposited with a warehouseman without a written agreement for sale of the commodity to the warehouseman shall be handled and considered to ...

22.09.180 Rights and duties of licensees -- Records, contents -- Itemized charges
(1) The licensee shall maintain complete records at all times with respect to all agricultural commodities handled, stored, shipped, or merchandised by him, including commodities ...

22.09.190 Rights and duties of warehousemen -- Rebates, preferences, etc., prohibited
No warehouseman subject to the provisions of this chapter may: (1) Directly or indirectly, by any special charge, rebate, drawback, or other device, demand, collect, ...

22.09.195 Rights and duties of warehousemen -- RCW 22.09.190 inapplicable to contracts with governmental agencies
RCW 22.09.190 does not apply to contracts entered into with a governmental agency, state or federal, for the handling, conditioning, storage, or shipping of agricultural ...

22.09.200 Rights and duties of licensees -- Reports to department
Each licensee shall report information to the department at such times and as may be reasonably required by the department for the necessary enforcement and ...

22.09.220 Rights and duties of licensees -- Premises, construction and maintenance
A warehouse or station shall be constructed and maintained in a manner adequate to carry out the provisions of this chapter.[1963 c 124 § 22.] ...

22.09.230 Rights and duties of warehouse licensees -- Signs -- Use of "Washington Bonded Warehouse.
Every warehouse licensee shall post at or near the main entrance to each of his warehouses a sign as prescribed by the department which shall ...

22.09.240 Rights and duties of warehousemen -- Schedule of rates -- Posting -- Revision
Every warehouseman shall annually, during the first week in July, publish by posting in a conspicuous place in each of his warehouses the schedule of ...

22.09.250 Rights and duties of warehousemen -- Unlawful practices
It is unlawful for a warehouseman to: (1) Issue a warehouse receipt for any commodity that he does not have in his warehouse at the ...

22.09.260 Deposit of commodities unfit for human consumption -- Notice
No depositor may knowingly deliver for handling, conditioning, storage, or shipment any commodity treated with an agricultural pesticide or contaminated with filth rendering it unfit ...

22.09.290 Warehouse receipts -- Required terms
(1) Every warehouse receipt issued for commodities covered by this chapter shall embody within its written or printed terms: (a) The grade of the commodities ...

22.09.300 Warehouse receipts -- Forms, numbering, printing, bond -- Compliance with Article 7 of Title 62A RCW (62A.7) -- Confiscation
(1) All warehouse receipts issued under this chapter shall be upon forms prescribed by the department and supplied only to licensed warehousemen at cost of ...

22.09.310 Warehouse receipts -- Dealing in unauthorized receipts prohibited -- Penalty
Any person, or any agent or servant of that person, or any officer of a corporation who prints, binds, or delivers warehouse receipt forms, except ...

22.09.320 Warehouse receipts -- Lost or destroyed receipts
In case any warehouse receipt issued by a licensee shall be lost or destroyed, the owner thereof shall be entitled to a duplicate receipt from ...

22.09.330 Scale weight tickets not precluded
Nothing in this chapter may be construed to prevent the issuance of scale weight tickets showing when and what quantities of commodities were received and ...

22.09.340 Examination of receipts and commodities -- Request -- Fee -- Access to bins -- Records and accounts -- Out-of-state offices
(1) Upon the request of any person or persons having an interest in a commodity stored in any public warehouse and upon payment of fifty ...

22.09.345 Inspections -- Notice, when issued -- Failure to comply, penalty -- Court order -- Costs, expenses, attorneys' fees
(1) The department may give written notice to the warehouseman or grain dealer to submit to inspection, and/or furnish required reports, documents, or other requested ...

22.09.350 Remedies of department on discovery of shortage
(1) Whenever it appears that there is evidence after any investigation that a warehouseman has a shortage, the department may levy a fine of one ...

22.09.361 Seizure of commodities or warehouseman's records -- Department duties -- Warehouseman's remedies -- Expenses and attorneys' fees
(1) Whenever the department, pursuant to court order, seizes and takes possession of all or a portion of special piles and special bins of commodities, ...

22.09.371 Depositor's lien
(1) When a depositor stores a commodity with a warehouseman or sells a commodity to a grain dealer, the depositor has a first priority statutory ...

22.09.381 Depositors' claims, processing by department
In the event of a failure of a grain dealer or warehouseman, the department may process the claims of depositors possessing written evidence of ownership ...

22.09.391 Depositor's lien -- Liquidation procedure
Upon the failure of a grain dealer or warehouseman, the statutory lien created in RCW 22.09.371 shall be liquidated by the department to satisfy the ...

22.09.405 Grain indemnity fund program -- Activation -- In lieu of other security
(1) The provisions of this section and RCW 22.09.416 through 22.09.471 constitute the grain indemnity fund program. RCW 22.09.416 through 22.09.471 shall take effect on ...

22.09.411 Grain indemnity fund program -- Fund established -- Contents, deposits, disbursements, use
(1) There is hereby established a fund to be known as the grain indemnity fund. The grain indemnity fund shall consist of assessments remitted by ...

22.09.416 Grain indemnity fund program -- Assessments
(1) Every licensed warehouse and grain dealer and every applicant for any such license shall pay assessments to the department for deposit in the grain ...

22.09.421 Grain indemnity fund program -- Initial assessment -- Effect on preceding security -- New applicants for warehouse or grain dealer licenses
(1) The department shall establish the initial assessment within sixty days of the activation of the grain indemnity fund program pursuant to RCW 22.09.405. Immediately ...

22.09.426 Grain indemnity fund program -- Annual assessments -- Limitations
The assessments imposed pursuant to RCW 22.09.416 shall be imposed annually, under rules promulgated by the department, until such time as the grain indemnity fund ...

22.09.431 Grain indemnity fund program -- Additional security
The department may, when it has reason to believe that a licensee does not have the ability to pay producers for grain purchased, or when ...

22.09.436 Grain indemnity fund program -- Advisory committee
(1) There is hereby created a grain indemnity fund advisory committee consisting of six members to be appointed by the director. The director shall make ...

22.09.441 Grain indemnity fund program -- Processing of claims
In the event a grain dealer or warehouse fails, as defined in RCW 22.09.011(21), or otherwise fails to comply with the provisions of this chapter ...

22.09.446 Grain indemnity fund program -- Failure to file claim in time
If a depositor or creditor, after notification, refuses or neglects to file in the office of the director his verified claim against a warehouseman or ...

22.09.451 Grain indemnity fund program -- Payment limitations
Subject to the provisions of RCW 22.09.456 and 22.09.461 and to a maximum payment of seven hundred fifty thousand dollars on all claims against a ...

22.09.456 Grain indemnity fund program -- Additional payment limitations
In addition to the payment limitations imposed by RCW 22.09.451, payment of any claim approved before the grain indemnity fund first reaches a balance of ...

22.09.461 Grain indemnity fund program -- Payment of claims -- Restrictions, priority
The requirement that the state of Washington pay claims under this chapter only exists so long as the grain indemnity fund contains sufficient money to ...

22.09.466 Grain indemnity fund program -- Debt and obligation of grain dealer or warehouseman -- Recovery by director
Amounts paid from the grain indemnity fund in satisfaction of any approved claim shall constitute a debt and obligation of the grain dealer or warehouseman ...

22.09.471 Grain indemnity fund program -- Proceedings against licensee
The department may deny, suspend, or revoke the license of any grain dealer or warehouseman who fails to timely pay assessments to the grain indemnity ...

22.09.520 Deposits as bailments
Whenever any commodity shall be delivered to a warehouse under this chapter, and the scale ticket or warehouse receipt issued therefor provides for the return ...

22.09.570 Action on bond by director -- Authorized -- Grounds
The director may bring action upon the bond of a warehouseman or grain dealer against both principal against whom a claim has been made and ...

22.09.580 Action on bond by director -- Failure of depositor creditor to file claim upon request -- Effect
If a depositor creditor after notification fails, refuses, or neglects to file in the office of the director his verified claim against a warehouseman or ...

22.09.590 Action on bond by director -- Records as to depositor creditors missing or information incomplete -- Effect
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 ...

22.09.600 Action on bond by director -- Powers of director
Upon ascertaining all claims and statements in the manner set forth in this chapter, the director may then make demand upon the warehouseman's or grain ...

22.09.610 Action on bond by director -- When authorized -- New bond, when required -- Penalty for failure to file
Upon the refusal of the surety company to pay the demand, the director may thereupon bring an action on the warehouseman's or grain dealer's bond ...

22.09.615 Action by depositor upon licensee's bond
(1) If no action is commenced under RCW 22.09.570 within thirty days after written demand to the department, any depositor injured by the failure of ...

22.09.620 Payment for agricultural commodities purchased -- Time requirements
Every warehouseman or grain dealer must pay for agricultural commodities purchased by him at the time and in the manner specified in the contract with ...

22.09.630 Payment violations -- Recovery by department -- Charges to depositors
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 ...

22.09.640 Publication and distribution of list of licensed warehouses
Notwithstanding the provisions of chapter 42.56 RCW, the department shall publish annually and distribute to interested parties, a list of licensed warehouses showing the location, ...

22.09.650 Remedies of department as to stations
When a station is licensed pursuant to this chapter, the department may assert any and all the remedies provided for in this chapter, including but ...

22.09.660 Emergency storage situation -- Forwarding to other warehouses
Upon determining that an emergency storage situation appears to exist, the director may authorize the warehouseman to forward grain that is covered by negotiable receipts ...

22.09.710 Designation of inspection points and terminal warehouses
The department may designate a warehouse located at an inspection point as a terminal warehouse. The department shall, by rule, designate inspection points which shall ...

22.09.720 Grades and standards of commodities -- Regulations
The grades and standards established by the United States department of agriculture as of September 30, 1988, for all commodities included within the provisions of ...

22.09.730 Inspection or grading of commodities -- Methods
Inspection or grading of a lot, partial lot, or sample of a commodity tendered for inspection or grading under this chapter shall consist of taking ...

22.09.740 Inspection or grading of commodities -- File samples, retention
From all commodities inspected, samples may be drawn, which samples, unless returned by agreement to the applicant, shall become the property of the state and ...

22.09.750 Inspection or grading of commodities -- Powers and duties of inspectors at terminal warehouses -- Recordkeeping
The department's inspectors shall, at terminal warehouses, have exclusive control of the weighing, inspecting, and grading of the commodities that are included within the provisions ...

22.09.760 Inspection or grading of commodities -- No inspection if commodity is to be loaded into defective container
No inspection shall be made of any commodity which is to be loaded into a vessel, vehicle, or other container, if it appears that the ...

22.09.770 Inspection or grading of commodities -- Unlawful practices -- Penalty
Any department employee who shall, directly or indirectly, accept any money or other consideration for any neglect of duty or any improper performance of duty ...

22.09.780 Inspection or grading of commodities
(1) In case any owner, consignee, or shipper of any commodity included under the provisions of this chapter, or his agent or broker, or any ...

22.09.790 Inspection or grading of commodities -- Fees and charges
(1) The department shall fix the fees for inspection, grading, and weighing of the commodities included under the provisions of this chapter, which fees shall ...

22.09.800 Inspection or grading of commodities -- Scales and weighing
If any terminal warehouse at inspection points is provided with proper scales and weighing facilities, the department may weigh the commodity upon the scales so ...

22.09.810 Inspection or grading of commodities -- Inspection of commodities shipped to or from places other than inspection points
In case any commodity under the provisions of this chapter is sold for delivery on Washington grade to be shipped to or from places not ...

22.09.820 Inspection or grading of commodities -- Unloading commodity without inspection or weighing
When commodities are shipped to points where inspection is provided and the bill of lading does not contain the notation "not for terminal weight and ...

22.09.830 Grain inspection revolving fund -- Hop inspection fund -- Grain warehouse audit account
(1) All moneys collected as fees for weighing, grading, and inspecting commodities and all other fees collected under the provisions of this chapter, except as ...

22.09.840 Fumigated conveyances to be labeled
It shall be unlawful to ship commodities in closed conveyances which have been fumigated without labeling such railroad car, vehicle, or other conveyance to show ...

22.09.850 Railroads to provide side tracks and track scales -- Weighing of cars
Any railroad delivering commodities covered by this chapter in cars at designated inspection points shall provide convenient and suitable side tracks at such places as ...

22.09.860 Police protection of terminal yards and tracks
All railroad companies and warehousemen operating in the cities provided for inspection by this chapter shall furnish ample and sufficient police protection to all their ...

22.09.870 Injunctions
The director may bring an action in the name of the state to temporarily and/or permanently enjoin the violation of any provision of this chapter ...

22.09.880 Cooperation with governmental agencies and private associations
The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations ...

22.09.890 General penalty
A violation of any provision or section of this chapter, where no other penalty is provided for, and the violation of any rule or regulation ...

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

22.09.900 Continuation of rules adopted pursuant to repealed chapter
The repeal of chapter 22.08 RCW and the enactment of this chapter shall not be deemed to have repealed any rules adopted under the provisions ...

22.09.910 Savings -- 1963 c 124
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 ...

22.09.920 Construction as to Article 7 of Title 62A RCW (62A.7)
Nothing in this chapter, with the exception of RCW 22.09.290(1)(b), shall be deemed to repeal, amend, or modify Article 7 of Title 62A RCW (62A.7).[1979 ...

22.09.930 Effective date -- 1963 c 124
The effective date of this chapter shall be July 1, 1963.[1963 c 124 § 60.] ...

22.09.940 Severability -- 1963 c 124
If any section, sentence, clause, or part of this chapter is for any reason held to be unconstitutional, such decision shall not affect the remaining ...

22.09.941 Severability -- 1979 ex.s. c 238
See note following RCW 15.44.010. ...