title: RCW 15.49.051

text:
(1) It is unlawful for any person to sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, or flower seeds within this state unless the test to determine the percentage of germination is completed within a fifteen-month period prior to sale, provided that germination tests for seed packaged in hermetically sealed containers shall be completed within thirty-six months prior to sale. The department shall establish rules for allowing retesting.
(2) It is unlawful for any person to sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, or flower seed within this state not labeled in accordance with this chapter or having false or misleading labeling or for which there has been false or misleading advertisement.
(3) It is unlawful to represent seed to be certified unless it has been determined by a seed-certifying agency that such seed conformed to standards of purity and identity or variety in compliance with the rules adopted under this chapter.
(4) It is unlawful to attach any tags of similar size and format to the official certification tag that could be mistaken for the official certification tag.
(5) It is unlawful for any person to sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, or flower seed within this state labeled with a variety name but not certified by an official seed-certifying agency when it is a variety for which a United States certification of plant variety protection under the plant variety protection act (7 U.S.C. Sec. 2321 et seq.) specifies sale only as a class of certified seed: PROVIDED, That seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owner of the variety.
(6) It is unlawful for any person within this state:
(a) To detach, alter, deface, or destroy any label required by this chapter or its implementing rules or to alter or substitute seed in a manner that may defeat the purpose of this chapter;
(b) To disseminate any false or misleading advertisements concerning seeds subject to this chapter in any manner or by any means;
(c) To hinder or obstruct in any way, any authorized person in the performance of his or her duties under this chapter;
(d) To fail to comply with a "stop sale" order or to move or otherwise handle or dispose of any lot of seed held under a "stop sale" order or tags attached thereto, except with express permission of the enforcing officer, and for the purpose specified thereby;
(e) To use the word "trace" as a substitute for any statement that is required; and
(f) To use the word "type" in any labeling in connection with the name of any agricultural seed variety.
(7) It is unlawful for any person to sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, or flower seed within this state that consists of or contains: (a) Prohibited noxious weed seeds; or (b) restricted noxious weed seeds in excess of the number declared on the label.
[ 1989 c 354 s 75.]
Notes:
Effective date—1989 c 354 ss 70-81 and 84-86: See note following RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.

catchline: Unlawful practices.


doc_type: statute

jurisdiction: wa

title: RCW 15.49.061

text:
(1) The provisions of this chapter do not apply to cannabis seed. For the purposes of this subsection, "cannabis" has the same meaning as defined in RCW 69.50.101.
(2) The provisions of RCW 15.49.011 through 15.49.051 do not apply:
(a) To seed or grain not intended for sowing purposes;
(b) To seed in storage by, or being transported or consigned to, a conditioning establishment for conditioning if the invoice or labeling accompanying the shipment of such seed bears the statement "seeds for conditioning" and if any labeling or other representation that may be made with respect to the unconditioned seed is subject to this chapter;
(c) To any carrier with respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier if the carrier is not engaged in producing, conditioning, or marketing seeds subject to this chapter; or
(d) Seed stored or transported by the grower of the seed.
(3) No person may be subject to the penalties of this chapter for having sold or offered for sale seeds subject to this chapter that were incorrectly labeled or represented as to kind, species, variety, or type, which seeds cannot be identified by examination thereof, unless he or she has failed to obtain an invoice, genuine grower's declaration, or other labeling information and to take such other precautions as may be reasonable to ensure the identity to be that stated. A genuine grower's declaration of variety shall affirm that the grower holds records of proof concerning parent seed, such as invoice and labels.
[ 2022 c 16 s 13; 2014 c 140 s 34; 1989 c 354 s 76.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—1989 c 354 ss 70-81 and 84-86: See note following RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Exceptions.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 15.49.071

text:
(1) When a buyer is damaged by the failure of any seed covered by this chapter to produce or perform as represented by the required label, by warranty, or as a result of negligence, the buyer, as a prerequisite to maintaining a legal action against the dealer of such seed, shall have first provided for the mediation of the claim. Any statutory period of limitations with respect to such claim shall be tolled from the date mediation proceedings are instituted until ten days after the date on which the mediation proceedings are concluded. Mediation proceedings are instituted from the date the buyer mails the dealer the buyer's complaint with its request to engage in mediation as provided under RCW 15.49.091.
(2) Conspicuous language calling attention to the requirement for mediation under this section shall be referenced or included on the analysis label required under this chapter.
(3) This section applies only to claims, or counterclaims, where the relief sought is, or includes, a monetary amount in excess of five thousand dollars. All claims for five thousand dollars or less may be commenced in either district court or small claims court.
(4) The mediation provisions under this section apply only to a dealer subject to this state's jurisdiction in relation to the buyer's claims.
[ 2017 c 33 s 1; 2005 c 433 s 36; 1989 c 354 s 77.]
Notes:
Application—Captions not law—Savings—Effective date—2005 c 433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Effective date—1989 c 354 ss 70-81 and 84-86: See note following RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.

catchline: Damages—Mediation prerequisite to legal action.


title: RCW 15.49.091

text:
(1) To submit a claim for mediation, the buyer shall make and file a sworn complaint against the dealer alleging the damages sustained. The sworn complaint may take the form of a declaration or affidavit. The buyer shall send a copy of the complaint to the dealer by United States registered mail.
(2) Within twenty days after receipt of a copy of the complaint, the dealer shall file with the buyer, by United States registered mail, the answer to the complaint. The answer shall agree to participate in mediation under chapter 7.07 RCW or shall state the dealer's grounds for refusing to engage in such mediation. Failure of a dealer to file a timely answer to the complaint and the request to engage in mediation shall be documented for the record supporting the buyer's option to maintain a legal action for its claim against the dealer.
(3) The parties shall be equally responsible for the mediator's fees unless otherwise agreed between the parties before retaining the mediator.
(4) The mediator must be selected by mutual agreement of the parties from mediators qualified to conduct mediations under chapter 7.07 RCW. The mediation must take place within the part of the state where the buyer conducts the buyer's operations unless otherwise agreed between the parties.
[ 2017 c 33 s 2; 1989 c 354 s 79.]
Notes:
Effective date—1989 c 354 ss 70-81 and 84-86: See note following RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.

catchline: Mediation—Procedure.


title: RCW 15.49.310

text:
The department shall administer, enforce, and carry out the provisions of this chapter and may adopt regulations necessary to carry out its purpose. The adoption of regulations shall be subject to a public hearing and all other applicable provisions of chapter 34.05 RCW (Administrative Procedure Act), as enacted and hereafter amended.
The department when adopting regulations in respect to the seed industry shall consult with affected parties, such as growers, conditioners, and distributors of seed. Any final regulation adopted shall be based upon the requirements and conditions of the industry and shall be for the purpose of promoting the well-being of the purchasers and users of seed as well as the members of the seed industry.
When seed labeling, terms, methods of sampling and analysis, and tolerances are not specifically stated in this chapter or otherwise designated by the department, the department shall, in order to promote uniformity, be guided by officially recognized associations, or regulations under The Federal Seed Act.
[ 1981 c 297 s 9; 1969 c 63 s 31.]
Notes:
Severability—1981 c 297: See note following RCW 15.36.201.

catchline: Department to administer chapter—Rules and regulations—Guidance of federal seed act.


title: RCW 15.49.330

text:
(1) All screenings, removed in the cleaning or conditioning of seeds, which contain prohibited or restricted noxious weed seeds shall be removed from the seed conditioning plant only under conditions that will prevent weed seeds from being dispersed into the environment.
(2) The director may by regulation adopt requirements for moving, conditioning, and/or disposing of screenings.
[ 1981 c 297 s 11; 1979 c 154 s 1; 1969 c 63 s 33.]
Notes:
Severability—1981 c 297: See note following RCW 15.36.201.
Severability—1979 c 154: "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 application of the provision to other persons or circumstances is not affected." [ 1979 c 154 s 27.]


title: RCW 15.49.350

text:
Upon application for a permit to condition certified seed, the department shall inspect the seed conditioning facilities of the applicant to determine that genetic purity and identity of seed conditioned can be maintained. Upon approval, the department shall issue a seed conditioning permit, for each regular place of business, which shall be conspicuously displayed in the office of such business. The permit shall remain in effect as long as the facilities comply with the department's requirements for such permit.
[ 1981 c 297 s 13; 1969 c 63 s 35.]
Notes:
Severability—1981 c 297: See note following RCW 15.36.201.

catchline: Permit to condition certified seed.


title: RCW 15.49.360

text:
The seed labeling registrant whose name appears on the label shall:
(1) Keep, for a period of two years after the date of final disposition, complete records of each lot of seed distributed: PROVIDED, That the file sample of each lot of seed distributed need be kept for only one year.
(2) Make available, during regular working hours, such records and samples for inspection by the department.
[ 1969 c 63 s 36.]

catchline: Records—Maintenance—Availability of records and samples for inspection.


title: RCW 15.49.370

text:
The department shall have the authority to:
(1) Sample, inspect, make analysis of, and test seeds distributed within this state at such time and place and to such extent as it may deem necessary to determine whether such seeds are in compliance with the provisions of this chapter. The methods of sampling and analysis shall be those adopted by the department from officially recognized sources. The department, in determining for administrative purposes whether seeds are in violation of this chapter, shall be guided by records, and by the official sample obtained and analyzed as provided for in this section. Analysis of an official sample, by the department, shall be accepted as prima facie evidence by any court of competent jurisdiction.
(2) Enter any dealer's or seed labeling registrant's premises at all reasonable times in order to have access to seeds and to records. This includes the determination of the weight of packages and bulk shipments.
(3) Adopt and enforce regulations for certifying seeds, and shall fix and collect fees for such service. Fees authorized under this subsection may be used for services involving breeder seed, foundation seed, registered seed, and certified seed. The director of the department may appoint persons as agents for the purpose of assisting in the certification of seeds.
(4) Adopt and enforce regulations for inspecting, grading, and certifying growing crops of seeds; inspect, grade, and issue certificates upon request; and fix and collect fees for such services.
(5) Make purity, germination and other tests of seed on request, and fix and collect charges for the tests made.
(6) Establish and maintain seed testing facilities, employ qualified persons, establish by rule special assessments as needed, and incur such expenses as may be necessary to carry out the provisions of this chapter.
(7) Adopt a list of the prohibited and restricted noxious weed seeds.
(8) Publish reports of official seed inspections, seed certifications, laboratory statistics, verified violations of this chapter, and other seed branch activities which do not reveal confidential information regarding individual company operations or production.
(9) Deny, suspend, or revoke licenses, permits and certificates provided for in this chapter subsequent to a hearing, subject to the provisions of chapter 34.05 RCW (Administrative Procedure Act) as enacted or hereafter amended, in any case in which the department finds that there has been a failure or refusal to comply with the provisions of this chapter or regulations adopted hereunder.
[ 2018 c 233 s 1; 1981 c 297 s 14; 1969 c 63 s 37.]
Notes:
Severability—1981 c 297: See note following RCW 15.36.201.

catchline: Department's enforcement authority.


title: RCW 15.49.380

text:
(1) No person may distribute seeds without having obtained a dealer's license for each regular place of business. However, a license is not required of a person who distributes seeds only in sealed packages of eight ounces or less, packed by a seed labeling registrant and bearing the name and address of the registrant. Moreover, a license is not required of any grower selling seeds of his or her own production exclusively. Such seed sold by such grower must be properly labeled as provided in this chapter. Each dealer's license costs one hundred twenty-five dollars, must be issued through the business license [licensing] system, must bear the date of issue, must expire on the business licensing [license] expiration date, and must be prominently displayed in each place of business.
(2) Persons custom conditioning and/or custom treating seeds for others for remuneration are considered dealers for the purpose of this chapter.
(3) Application for a license to distribute seed must be through the business licensing system and must include the name and address of the person applying for the license, the name of a person domiciled in this state authorized to receive and accept service or legal notices of all kinds, and any other reasonable and practical information prescribed by the department necessary to carry out the purposes and provisions of this chapter.
[ 2013 c 144 s 6; 2012 c 61 s 1; 2010 c 8 s 6064; 1982 c 182 s 24; 1981 c 297 s 15; 1969 c 63 s 38.]
Notes:
Severability—1981 c 297: See note following RCW 15.36.201.
Business licensing system to include additional licenses: RCW 19.02.110.

catchline: Dealer's license to distribute seeds.


title: RCW 15.49.390

text:
If an application for renewal of the dealer's license provided for in RCW 15.49.380, is not filed prior to the business license expiration date, the business license delinquency fee must be assessed under chapter 19.02 RCW and must be paid by the applicant before the renewal license is issued.
[ 2013 c 144 s 7; 1982 c 182 s 25; 1969 c 63 s 39.]
Notes:
Business licensing
delinquency fee—Rate—Disposition: RCW 19.02.085.
expiration date: RCW 19.02.090.

catchline: Renewal of dealer's license.


title: RCW 15.49.400

text:
(1) No person shall label seed for distribution in this state without having obtained a seed labeling permit. The seed labeling registrant shall be responsible for the label and the seed contents. The application for a seed labeling permit shall be submitted to the department on forms furnished by the department, and shall be accompanied by a fee of twenty dollars per applicant. The application form shall include the name and address of the applicant, a label or label facsimile, and any other reasonable and practical information prescribed by the department. Upon approval, the department shall issue said permit to the applicant. All permits expire on January 31st of each year.
(2) If an application for renewal of the seed labeling permit provided for in this section is not filed prior to February 1st of any one year, an additional fee of ten dollars shall be assessed and added to the original fee and shall be paid by the applicant before the license shall be issued: PROVIDED, That such additional fee shall not apply if the applicant furnishes an affidavit that he or she has not labeled seed for distribution in this state subsequent to the expiration of his or her prior permit.
[ 2010 c 8 s 6065; 1969 c 63 s 40.]

catchline: Seed labeling permit.


title: RCW 15.49.410

text:
(1) When the department has determined or has probable cause to suspect that any lot of seed or screenings is mislabeled and/or is being distributed in violation of this chapter or regulations adopted hereunder, it may issue and enforce a written or printed "stop sale, use or removal order" warning the distributor not to dispose of the lot of seed or screenings in any manner until written permission is given by the department or a court of competent jurisdiction. The department shall release the lot of seed or screenings so withdrawn when said provisions and regulations have been complied with. If compliance is not obtained, the department may bring proceedings for condemnation.
(2) Any lot of seed or screenings not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the department to a court of competent jurisdiction in the locality in which the seed or screenings are located. In the event the court finds the seed or screenings to be in violation of this chapter and orders the condemnation of said seed or screenings, such lot of seed or screenings shall be denatured, conditioned, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this state: PROVIDED, That in no instance shall the court order such disposition of said seed or screenings without first having given the claimant an opportunity to apply to the court, within twenty days, for the release of said seed or screenings or for permission to condition or relabel it to bring it into compliance with this chapter.
[ 1981 c 297 s 16; 1969 c 63 s 41.]
Notes:
Severability—1981 c 297: See note following RCW 15.36.201.

catchline: "Stop sale, use or removal orders"—Seizure—Condemnation.


title: RCW 15.49.420

text:
No state court shall allow the recovery of damages from administrative action taken or for stop sales or seizures under RCW 15.49.410 if the court finds that there was probable cause for such action.
[ 1969 c 63 s 42.]

catchline: Damages precluded.


title: RCW 15.49.460

text:
The department is hereby authorized to apply for, and the court authorized to grant, a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any regulations promulgated under this chapter, notwithstanding the existence of any other remedy at law. Any such injunction shall be issued without bond.
[ 1969 c 63 s 46.]

catchline: Injunctions.


title: RCW 15.49.470

text:
All moneys collected under the provisions of this chapter shall be paid to the director and deposited in an account within the agricultural local fund. Such deposits shall be used only in the administration and enforcement of this chapter. Any residual balance remaining in the seed fund on June 9, 1988, shall be transferred to that account within the agricultural local fund. All fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.
[ 1988 c 254 s 2; 1987 c 202 s 176; 1975 1st ex.s. c 257 s 2; 1969 ex.s. c 199 s 13; 1969 c 63 s 47.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—1975 1st ex.s. c 257: See note following RCW 15.13.470.

catchline: Moneys, disposition—Fees, fines, penalties and forfeitures of district courts, remittance.


title: RCW 15.49.480

text:
The department may cooperate with and enter into agreements with other governmental agencies, whether of this state, other states, or agencies of the federal government, and with private associations, in order to carry out the purposes and provisions of this chapter.
[ 1969 c 63 s 48.]

catchline: Cooperation and agreements with other agencies.


title: RCW 15.49.900

text:
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 be in existence on July 1, 1969.
[ 1969 c 63 s 49.]

catchline: Existing liabilities not affected.


title: RCW 15.49.930

text:
The repeal of sections 15.48.010 through 15.48.260 and 15.48.900, chapter 11, Laws of 1961 and RCW 15.48.010 through 15.48.260 and 15.48.900 and the enactment of this 1969 act shall not be deemed to have repealed any regulations adopted under the provisions of sections 15.48.010 through 15.48.260 and 15.48.900, chapter 11, Laws of 1961 and RCW 15.48.010 through 15.48.260 and 15.48.900, and in effect immediately prior to such repeal and not inconsistent with the provisions of this 1969 act. For the purpose of this 1969 act, it shall be deemed that such rules have been adopted under the provisions of this 1969 act pursuant to chapter 34.05 RCW, as enacted or hereafter amended concerning the adoption of rules. Any amendment or repeal of such rules after July 1, 1969, shall be subject to the provisions of chapter 34.05 RCW (Administrative Procedure Act) as enacted or hereafter amended, concerning the adoption of rules.
[ 1969 c 63 s 52.]

catchline: Continuation of rules adopted pursuant to repealed sections—Adoption, amendment or repeal.


title: RCW 15.49.940

text:
RCW 15.49.020 through * 15.49.950 shall be known as the "Washington State Seed Act."
[ 1969 c 63 s 53.]
Notes:
*Reviser's note: RCW 15.49.950 was decodified pursuant to 2017 3rd sp.s. c 25 s 4.

catchline: Short title.


title: RCW 15.51.010

text:
The legislature finds that the growing, production, or formation of seed from plants of the genus Brassica for the purpose of producing seed, oil, biofuel or associated by-products, commercial vegetables, forage, or cover crops is in the interest of the public welfare. The legislature finds that species, hybrids, varieties, and variations of plants of the genus Brassica have potential to form genetic crosses, particularly when they are grown in geographic proximity, and will, if not properly regulated, result in significant loss of quality, purity, and value in the seed produced.
The legislature finds that production of biofuel using Brassica seed crops, generally known as canola or rapeseed, can help citizens and businesses conserve energy and reduce the use of petroleum-based fuels, improve air and water quality, and create new industries and jobs for Washington citizens. The legislature also finds that Washington state offers conditions uniquely suited to the production of high quality, high value Brassica vegetable seed, and that the vegetable seed industry is a significant contributor to the diversity and economic viability of the agricultural community.
The purpose of chapter 181, Laws of 2007 is to provide for the orderly production of potentially incompatible varieties of Brassica seed crops.
[ 2007 c 181 s 1.]

catchline: Findings—Purpose.


title: RCW 15.51.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Brassica" means any plants in the genus Brassica.
(2) "Brassica seed crop" means any commercial production of any species, hybrid, or variety of the genus Brassica that results in pollen or seed formation. Brassica seed crop includes, but is not limited to, Brassica seeds grown for planting, and species generally known as rapeseed or canola, including Brassica napus, Brassica rapa, and Brassica juncea, grown for oil or biofuel and associated by-products. For purposes of this chapter, forage and cover crops from the genus Brassica are considered Brassica seed crops. Plants from the genus Brassica grown as vegetables for human or animal consumption such as cabbage, broccoli, rutabaga, and kohlrabi are not Brassica seed crops as long as they are not allowed to produce pollen or seed.
(3) "Department" means the state department of agriculture.
(4) "Director" means the director of the department or the director's authorized representative.
(5) "Grower" means a person who grows a Brassica seed crop within a Brassica seed production district or, for purposes of RCW 15.51.030, within a proposed Brassica seed production district.
(6) "Processor" means a person who commercially uses, sells, or processes a Brassica seed crop grown within a Brassica seed production district or, for purposes of RCW 15.51.030, within a proposed Brassica seed production district.
(7) "Volunteer and weed Brassica plants" means plants of the genus Brassica that arise from accidental or unintentional scattering or occurrence of seed.
[ 2007 c 181 s 2.]

catchline: Definitions.


title: RCW 15.51.030

text:
Any grower or processor of a Brassica seed crop may submit a petition to the director requesting establishment of a Brassica seed production district. The petition must include proposed geographic boundaries of the district and the proposed types of regulations for designated Brassica seed crop species within the district. The petition must contain the signatures of at least ten growers or processors of affected Brassica seed crops grown within the boundaries of the proposed Brassica seed production district. If there are fewer than ten growers or processors of affected Brassica seed crops grown within the boundaries of the proposed district, then the applicant may submit a list of names and contact information for all Brassica seed crop growers and processors within the proposed district and a petition signed by at least fifty percent of these persons. In response to the petition, the director may adopt rules to establish Brassica seed production districts.
[ 2007 c 181 s 3.]

catchline: Brassica seed production districts—Grower's petition—Rules.


title: RCW 15.51.040

text:
(1) Any person who wishes to conduct an activity otherwise prohibited within a Brassica seed production district must first enter into a Brassica production agreement with the director. Each Brassica production agreement shall be developed by the applicant and the director in consultation with an advisory committee comprised of at least three individuals appointed by the director, none of whom shall have a financial interest in the request for agreement or its outcome and at least one of whom shall be a grower in or processor of Brassica seed crops grown within the Brassica seed production district. The director shall not enter into any Brassica production agreement unless the director, in the exercise of his or her discretion, is satisfied that the agreement contains terms and conditions that are necessary and sufficient to mitigate reasonably possible risks to the economic well-being of growers within the Brassica seed production district from the proposed activity.
(2) The applicant or any grower or processor of a Brassica seed crop grown within the Brassica seed production district that would be affected by the Brassica production agreement may appeal, under RCW 34.05.570(4), the director's decision whether or not to enter into a Brassica production agreement. Any such appeal must be filed in the superior court of Thurston county or the county in which the activity to be allowed under the Brassica production agreement would occur.
[ 2007 c 181 s 4.]

catchline: Brassica production agreements.


title: RCW 15.51.050

text:
The director may adopt rules necessary to carry out the purpose and provisions of this chapter concerning, but not limited to:
(1) Brassica seed production districts;
(2) Notification of a designated central clearinghouse for growers to report their intention to plant a Brassica seed crop within a Brassica seed production district;
(3) Isolation distances between Brassica seed crops within a Brassica seed production district;
(4) Exclusion of designated Brassica seed crops within a Brassica seed production district, except under terms of a Brassica production agreement;
(5) Control of volunteer and weed Brassica plants within a Brassica seed production district; and
(6) Brassica production agreements.
[ 2007 c 181 s 5.]

catchline: Rules.


title: RCW 15.51.060

text:
The director or any grower or processor of a Brassica seed crop grown within a Brassica seed production district may bring an action to enjoin the violation or threatened violation of any provision of this chapter or its rules, or any Brassica production agreement entered into by an applicant and the director, in the superior court of Thurston county or the county in which the violation or threatened violation occurs or is about to occur.
[ 2007 c 181 s 6.]

catchline: Violation or threatened violation of chapter—Action to enjoin.


title: RCW 15.51.070

text:
Chapter 34.05 RCW governs the rights, remedies, and procedures respecting the administration of this chapter, including rule making.
[ 2007 c 181 s 7.]

catchline: Application of chapter 34.05 RCW.


title: RCW 15.53.901

text:
The definitions set forth in this section apply throughout this chapter.
(1) "Brand name" means a word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others.
(2) "Commercial feed" means all materials or combination of materials that are distributed or intended for distribution for use as feed or for mixing in feed, unless such materials are specifically exempted. Unmixed whole seeds and physically altered entire unmixed seeds, when such whole seeds or physically altered seeds are not chemically changed or not adulterated within the meaning of RCW 15.53.902, are exempt. The department by rule may exempt from this definition, or from specific provisions of this chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when such commodities, compounds, or substances are not intermixed with other materials, and are not adulterated within the meaning of RCW 15.53.902.
(3) "Contract feeder" means a person who is an independent contractor and feeds commercial feed to animals pursuant to a contract whereby such commercial feed is supplied, furnished, or otherwise provided to such person and whereby such person's remuneration is determined all or in part by feed consumption, mortality, profits, or amount or quality of product.
(4) "Customer-formula feed" means commercial feed that consists of a mixture of commercial feeds or feed ingredients, or both, each batch of which is manufactured according to the instructions of the final purchaser.
(5) "Department" means the department of agriculture of the state of Washington or its duly authorized representative.
(6) "Director" means the director of the department or a duly authorized representative.
(7) "Distribute" means to offer for sale, sell, exchange or barter, commercial feed; or to supply, furnish, or otherwise provide commercial feed to a contract feeder.
(8) "Distributor" means a person who distributes.
(9) "Drug" means an article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than people and articles, other than feed intended to affect the structure or a function of the animal body.
(10) "Facility" means any place where a commercial feed is manufactured, repackaged, sold, transloaded, or stored for later distribution.
(11) "Feed ingredient" means each of the constituent materials making up a commercial feed.
(12) "Final purchaser" means a person who purchases commercial feed to feed to animals in his or her care.
(13) "Initial distributor" means a person who first distributes a commercial feed in or into this state.
(14) "Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed.
(15) "Labeling" means all labels and other written, printed, or graphic matter: (a) Upon a commercial feed or any of its containers or wrappers; or (b) accompanying such commercial feed.
(16) "Licensee" means a person who holds a commercial feed license as prescribed in this chapter.
(17) "Manufacture" means to grind, mix or blend, or further process a commercial feed for distribution.
(18) "Medicated feed" means a commercial feed containing a drug or other medication.
(19) "Mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.
(20) "Official sample" means a sample of feed taken by the department, obtained and analyzed as provided in RCW 15.53.9024 (3), (5), or (6).
(21) "Percent" or "percentage" means percentage by weight.
(22) "Person" means an individual, firm, partnership, corporation, or association.
(23) "Pet" means a domesticated animal normally maintained in or near the household of the owner of the pet.
(24) "Pet food" means a commercial feed prepared and distributed for consumption by pets.
(25) "Product name" means the name of the commercial feed that identifies it as to kind, class, or specific use.
(26) "Responsible buyer" means a licensee who is not the final purchaser of a commercial feed and has agreed to be responsible for reporting tonnage and paying inspection fees for all commercial feeds they distribute.
(27) "Retail" means to distribute to the final purchaser.
(28) "Sell" or "sale" includes exchange.
(29) "Specialty pet" means a domesticated animal pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles.
(30) "Specialty pet food" means a commercial feed prepared and distributed for consumption by specialty pets.
(31) "Ton" means a net weight of two thousand pounds avoirdupois.
(32) "Transload" means to transfer commercial feed from one carrier to another carrier without processing or blending the ingredients, for example, transferred from railcar to trucks or shipping containers.
(33) "Quantity statement" means the net weight (mass), net volume (liquid or dry), or count.
[ 2005 c 18 s 1; 1995 c 374 s 33; 1982 c 177 s 1; 1975 1st ex.s. c 257 s 3; 1965 ex.s. c 31 s 2. Prior acts on this subject: 1961 c 11 ss 15.53.010 through 15.53.900; 1953 c 80 ss 1-35.]
Notes:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Effective date—1975 1st ex.s. c 257: See note following RCW 15.13.470.


title: RCW 15.53.9012

text:
(1) The department shall administer, enforce and carry out the provisions of this chapter and may adopt rules necessary to carry out its purpose. In adopting such rules, the director shall consider (a) the official definitions of feed ingredients and official feed terms adopted by the association of American feed control officials and published in the official publication of that organization; and (b) any regulation adopted pursuant to the authority of the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301, et seq.), if the department would have the authority under this chapter to adopt the regulations. The adoption of rules shall be subject to a public hearing and all other applicable provisions of chapter 34.05 RCW (Administrative Procedure Act).
(2) The director when adopting rules in respect to the feed industry shall consult with affected parties, such as manufacturers and distributors of commercial feed and any final rule adopted shall be designed to promote orderly marketing and shall be reasonable and necessary and based upon the requirements and condition of the industry and shall be for the purpose of promoting the well-being of the members of the feed industry as well as the well-being of the purchasers and users of feed and for the general welfare of the people of the state.
[ 1995 c 374 s 34; 1965 ex.s. c 31 s 3.]
Notes:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.

catchline: Administration and administrative rules.


title: RCW 15.53.9013

text:
(1) Except as provided under subsection (2) of this section, any person: (a) Who manufactures a commercial feed in this state; (b) who distributes a commercial feed in or into this state; or (c) whose name appears on a commercial feed label as guarantor, must first obtain from the department a commercial feed license for each facility that distributes in or into this state.
(2) The following persons are exempt from the requirement of a commercial feed license:
(a) Any person who makes only retail sales of commercial feed which bears labeling or other approved indication that the commercial feed is from a licensed manufacturer, guarantor, or distributor who has assumed full responsibility for reporting and paying the inspection fee due under chapter 18, Laws of 2005;
(b) Any person distributing only pet food or specialty pet food;
(c) Any person distributing food processing by-products from fruit, vegetable, or potato processing plants, freezing or dehydrating facilities, or juice or jelly preserving plants, except that the distribution of by-products or products of sugar refineries are not exempt from the requirement of a commercial feed license; and
(d) Any person distributing bona fide experimental feed on which accurate records and experimental programs are maintained.
(3) Application for a commercial feed license must be made annually on forms provided by the department and must be accompanied by a fee of fifty dollars.
(4) The commercial feed license expires on June 30th of each year. The application and fee for a commercial feed license renewal is due July 1st of each year. If a completed application and appropriate fee is not received by July 1st, a late renewal fee of fifty dollars per facility will be assessed in addition to the license fee and must be paid by the applicant before the renewal license is issued. A late renewal fee will not apply if the applicant furnishes an affidavit that he or she has not distributed a commercial feed subsequent to the expiration of his or her prior license. The assessment of the late renewal fee will not prevent the department from taking other action as provided for in this chapter.
(5) An application for a commercial feed license must include:
(a) The name and mailing address of the applicant;
(b) The physical address of the facility;
(c) The name, contact information, and signature of the applicant; and
(d) Other information required by the department by rule.
(6) The department may deny a license application if the applicant is not in compliance with this chapter or applicable rules, and may cancel a license if the licensee is not in compliance with this chapter or applicable rules. Prior to denial or cancellation of a license, the department shall provide notice and an opportunity to correct deficiencies. If an applicant or licensee fails to correct the deficiency, the department shall deny or cancel the license. If aggrieved by the decision, the applicant or licensee may request a hearing as authorized under chapter 34.05 RCW.
(7) Notwithstanding the payment of a late renewal fee, it is a violation to distribute a commercial feed by an unlicensed person, and nothing in this chapter prevents the department from imposing a penalty authorized by this chapter for the violation.
(8) The department may under conditions specified by rule, request submission of labels and labeling in order to determine compliance with the provisions of this chapter.
[ 2005 c 18 s 2; 1995 c 374 s 35.]
Notes:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.

catchline: Commercial feed license—Required—Exemptions—Application—Fees—Renewal—Denial or cancellation for noncompliance—Violation—Penalty—Rules.


title: RCW 15.53.9014

text:
(1) A person may not distribute in this state a pet food or specialty pet food that has not been registered by the department.
(2) All applications for registration must be submitted on forms provided by the department and must include:
(a) The name and mailing address of the applicant;
(b) The physical address of the applicant;
(c) The name, contact information, and signature of the applicant;
(d) Indication of the package sizes distributed for each product; and
(e) Other information required by the department by rule.
(3) An application for registration must be accompanied by a label and other applicable printed matter describing the product and the following fees:
(a) Twenty-two dollars per product for those products distributed only in packages of ten pounds or more;
(b) Ninety dollars per product for those products distributed in packages of less than ten pounds; or
(c) Ninety dollars per product for those products distributed both in packages of less than ten pounds and packages of ten pounds or more.
(4) Registrations are issued by the department for a two-year period beginning on July 1st of a given year and ending twenty-four months later on July 1st, except that registrations issued to a registrant who applies to register an additional product during the last twelve months of the registrant's period expire on the next July 1st.
(5) A distributor is not required to register a pet food or specialty pet food that is already registered under this chapter, as long as it is distributed with the original label.
(6) Changes in the guarantee of either chemical or ingredient composition of a pet food or specialty pet food registered under this chapter may be permitted if there is satisfactory evidence that such changes would not result in a lowering of the feed value of the product for the purpose for which it was designed.
(7) The department may deny registration of any pet food or speciality pet food not in compliance with this chapter and its rules. The department may cancel any registration subsequently found to be not in compliance with this chapter and its rules. Prior to denial or cancellation of a registration, the applicant or registrant of an existing registered pet food or specialty pet food must be notified of the reasons and given an opportunity to amend the application to comply. If the applicant does not make the necessary corrections, the department will deny or cancel the registration. The applicant or registrant of an existing registered pet food or specialty pet food may request a hearing as provided for in chapter 34.05 RCW.
(8) Application for renewal of registration is due July 1st of each registration period. If an application for renewal is not received by the department by the due date, a late fee of twenty dollars per product is added to the original fee and must be paid by the applicant before the renewal registration may be issued. A late fee will not apply if the applicant furnishes an affidavit that he or she has not distributed this feed subsequent to the expiration of the prior registration. Payment of a late fee does not prevent the department from imposing a penalty authorized by this chapter for the violation.
[ 2005 c 18 s 4; (2005 c 18 s 3 expired July 1, 2006); 1995 c 374 s 36; 1993 sp.s. c 19 s 2; 1982 c 177 s 2; 1975 1st ex.s. c 257 s 4; 1965 ex.s. c 31 s 4.]
Notes:
Effective date—2005 c 18 s 4: "Section 4 of this act takes effect July 1, 2006." [ 2005 c 18 s 12.]
Effective date—2005 c 18 s 3: "Section 3 of 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 institutions, and takes effect July 1, 2005." [ 2005 c 18 s 11.]
Expiration date—2005 c 18 s 3: "Section 3 of this act expires July 1, 2006." [ 2005 c 18 s 13.]
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Effective date—1975 1st ex.s. c 257: See note following RCW 15.13.470.

catchline: Registration of pet food and specialty pet food—Exemption—Application—Renewal—Fees—Denial or cancellation for noncompliance—Violation—Penalty.


title: RCW 15.53.9015

text:
(1) To become a responsible buyer, a commercial feed licensee must apply for responsible buyer status on forms provided by the department. The application must include:
(a) The name and mailing address of the licensee;
(b) The physical address of the licensee;
(c) The name, contact information, and signature of the applicant; and
(d) Other information required by the department by rule.
(2) To be removed from responsible buyer status, the licensee must notify the department in writing. The licensee is not released from responsible buyer status until the department notifies the licensee in writing of such release.
(3) The department will maintain a current list of all responsible buyers and make the list available on request.
[ 2005 c 18 s 5.]


title: RCW 15.53.9016

text:
(1) Any commercial feed, except a customer-formula feed, distributed in this state must be accompanied by a legible label bearing the following information:
(a) The product name and the brand name, if any, under which the commercial feed is distributed.
(b) The guaranteed analysis stated in such terms as the department by rule determines is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods such as the methods published by the association of official analytical chemists.
(c) The common or usual name of each ingredient used in the manufacture of the commercial feed, except as the department may, by regulation, permit the use of a collective term for a group of ingredients all of which perform the same function. An ingredient statement is not required for single standardized ingredient feeds which are officially defined.
(d) The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed.
(e) Adequate directions for use for all commercial feeds containing drugs and for all such other commercial feeds as the department may require by rule as necessary for their safe and effective use.
(f) Those precautionary statements the department by rule determines are necessary for the safe and effective use of the commercial feed.
(g) The net weight as required under chapter 19.94 RCW.
(2) When a commercial feed, except a customer-formula feed, is distributed in this state in bags or other containers, the label must be placed on or affixed to the container; when a commercial feed, except a customer-formula feed, is distributed in bulk the label must accompany delivery and be furnished to the purchaser at time of delivery.
(3) A customer-formula feed must be labeled by shipping document. The shipping document, which is to accompany delivery and be supplied to the purchaser at the time of delivery, must bear the following information:
(a) Name and address of the manufacturer;
(b) Name and address of the purchaser;
(c) Date of delivery;
(d) Product name and the net weight as required under chapter 19.94 RCW;
(e) Adequate directions for use for all customer-formula feeds containing drugs and for such other feeds as the department may require by rule as necessary for their safe and effective use;
(f) The directions for use and precautionary statements as required by subsection (1)(e) and (f) of this section; and
(g) If a drug containing product is used:
(i) The purpose of the medication (claim statement);
(ii) The established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with rules established by the department.
(4) The product name and quantity statement of each commercial feed and each other ingredient used in the customer formula feed must be on file at the plant producing the product. These records must be kept on file for one year after the last sale. This information must be made available to the purchaser, the dealer making the sale, and the department on request.
[ 2005 c 18 s 6; 1995 c 374 s 37; 1965 ex.s. c 31 s 5.]
Notes:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.


title: RCW 15.53.9018

text:
(1) Every registrant or licensee must file a semiannual report on forms provided by the department setting forth the number of tons of commercial feed distributed in or into this state. The report must be filed regardless of the amount of feed distributed or inspection fees owed. The report must include:
(a) The name and mailing address of the registrant or licensee;
(b) The physical address of the registrant or licensee;
(c) The name, contact information, and signature of the person filing the report;
(d) The total number of tons distributed in or into this state;
(e) The total number of tons on which the registrant or licensee is paying;
(f) If the registrant or licensee is not paying inspection fees on all commercial feed he or she distributed in or into this state, information regarding the registrants or licensees that are responsible for paying the inspection fees and the number of tons involved; and
(g) Other information required by the department by rule.
(2) Except as provided in subsections (3) through (5) of this section, each initial distributor or responsible buyer must pay to the department an inspection fee on all commercial feed distributed by such person during the reporting period. The inspection fee must accompany the report required in subsection (1) of this section. The inspection fee shall be not less than four cents nor more than twelve cents per ton as prescribed by the department by rule. These fees shall be used for enforcement and administration of this chapter and its rules.
(3) The initial distributor is not required to pay an inspection fee for commercial feed he or she distributed to a responsible buyer.
(4) In a situation where a responsible buyer is distributing to another responsible buyer, the inspection fee must be paid by the last responsible buyer to distribute the commercial feed.
(5) The initial distributor or responsible buyer is not required to pay an inspection fee for: (a) Pet food and specialty pet food distributed in packages weighing less than ten pounds; (b) distribution of bona fide experimental feeds on which accurate records and experimental programs are maintained; (c) commercial feed distributed to points outside this state; and (d) food processing by-products from fruit, vegetable, or potato processing plants, freezing or dehydrating facilities, or juice or jelly preserving plants.
(6) Tonnage will be reported and inspection fees will be paid on (a) by-products or products of sugar refineries; and (b) materials used in the preparation of pet foods and specialty pet food.
(7)(a) Each person made responsible by this chapter for filing a report or paying inspection fees must do so according to the following schedule:
(i) For the period January 1st through June 30th of each year, the report and inspection fees are due on July 31st of that year; and
(ii) For the period July 1st through December 31st of each year, the report and inspection fees are due on January 31st of the following year.
(b) If a complete report is not received by the due date or the appropriate inspection fees are not received by the due date, the person responsible for filing the report or paying the inspection fee must pay a late fee equal to fifteen percent of the inspection fee owed or fifty dollars, whichever is greater.
(c) The department may cancel the registration of a person's commercial feed or may cancel a person's commercial feed license if that person fails to pay the late fee. The applicant or licensee may request a hearing as authorized under chapter 34.05 RCW.
(8) If inspection fees are owed, the minimum inspection fee is twelve dollars and fifty cents.
(9) For the purpose of verifying the accuracy of reports and payment of appropriate inspection fees, the department may examine, at reasonable times, a registrant's or licensee's distribution records and may require each registrant or licensee to maintain records or file additional reports. These records must be maintained in usable condition by the registrant or licensee for a period of three years unless by rule this retention period is extended and must be submitted to the department upon request.
(10) The report required by subsection (1) of this section shall not be a public record, and any information given in such report which would reveal the business operation of the person making the report is exempt from public disclosure under chapter 42.56 RCW, and information obtained by the department from other governmental agencies or other sources that is used to verify information received in the report is exempt from public disclosure under chapter 42.56 RCW. However, this subsection does not prevent the use of information concerning the business operation of a person if any action, suit, or proceeding instituted under the authority of this chapter, including any civil action for collection of unpaid inspection fees, which action is hereby authorized and which shall be as an action at law in the name of the director of the department.
(11) Any commercial feed obtained by a consumer or contract feeder outside the jurisdiction of this state and brought into this state for use is subject to all the provisions of this chapter, including inspection fees.
[ 2006 c 209 s 2; 2005 c 18 s 7; 1995 c 374 s 38; 1982 c 177 s 3; 1981 c 297 s 17; 1979 c 91 s 1; 1975 1st ex.s. c 257 s 5; 1967 c 240 s 32; 1965 ex.s. c 31 s 6.]
Notes:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Effective date—1981 c 297 s 17: "Section 17 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1981." [ 1981 c 297 s 44.]
Severability—1981 c 297: See note following RCW 15.36.201.
Effective date—1979 c 91: "This act shall take effect on January 1, 1980." [ 1979 c 91 s 2.]
Effective date—1975 1st ex.s. c 257: See note following RCW 15.13.470.
Severability—1967 c 240: See note following RCW 43.23.010.

catchline: Semiannual report required—Inspection fees—Reports—Late fees—Confidentiality.


title: RCW 15.53.902

text:
It is unlawful for any person to distribute an adulterated feed. A commercial feed is deemed to be adulterated:
(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such commercial feed shall not be considered adulterated under this subsection if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health; or
(2) If it bears or contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe within the meaning of section 406 of the federal food, drug, and cosmetic act (other than one which is (a) a pesticide chemical in or on a raw agricultural commodity; or (b) a food additive); or
(3) If it is, or it bears, or contains any food additive which is unsafe within the meaning of section 409 of the federal food, drug, and cosmetic act (21 U.S.C. Sec. 348); or
(4) If it is ruminant feed and is, bears, or contains any animal protein prohibited in ruminant feed that is unsafe within the meaning of federal regulations promulgated under section 409 of the federal food, drug, and cosmetic act (21 U.S.C. Sec. 348); or
(5) If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section 408(a) of the federal food, drug, and cosmetic act: PROVIDED, That where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under section 408 of the federal food, drug, and cosmetic act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of section 408(a) of the federal food, drug, and cosmetic act; or
(6) If it is, or it bears or contains any color additive which is unsafe within the meaning of section 721 of the federal food, drug, and cosmetic act (21 U.S.C. Sec. 379e); or
(7) If it is, or it bears or contains any new animal drug that is unsafe within the meaning of section 512 of the federal food, drug, and cosmetic act (21 U.S.C. Sec. 360b); or
(8) If any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor; or
(9) If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling; or
(10) If it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice rules adopted by the department to assure that the drug meets the requirements of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics that it purports or is represented to possess. In adopting such rules, the department shall adopt the current good manufacturing practice regulations for type A medicated articles and type B and type C medicated feeds established under authority of the federal food, drug, and cosmetic act, unless the department determines that they are not appropriate to the conditions that exist in this state; or
(11) If it contains viable, prohibited (primary) noxious weed seeds in excess of one per pound, or if it contains viable, restricted (secondary) noxious weed seeds in excess of twenty-five per pound. The primary and secondary noxious weed seeds shall be those as named pursuant to the provisions of chapter 15.49 RCW and rules adopted thereunder.
[ 2012 c 25 s 2; 2005 c 40 s 1; 1995 c 374 s 39; 1982 c 177 s 4; 1979 c 154 s 2; 1965 ex.s. c 31 s 7.]
Notes:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Severability—1979 c 154: See note following RCW 15.49.330.


title: RCW 15.53.9022

text:
It shall be unlawful for any person to distribute misbranded feed. A commercial feed shall be deemed to be misbranded:
(1) If its labeling is false or misleading in any particular;
(2) If it is distributed under the name of another commercial feed;
(3) If it is not labeled as required in RCW 15.53.9016 and in rules prescribed under this chapter;
(4) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed or feed ingredient, unless such commercial feed or feed ingredient conforms to the definition of identity, if any, prescribed by rule of the department. In the adopting of such rules the department may consider commonly accepted definitions such as those issued by nationally recognized associations or groups of feed control officials;
(5) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(6) If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling.
[ 1995 c 374 s 40; 1965 ex.s. c 31 s 8.]
Notes:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.


title: RCW 15.53.9024

text:
(1) For the purpose of enforcement of this chapter, and in order to determine whether its provisions have been complied with, including whether an operation is subject to such provisions, inspectors duly designated by the director, upon presenting appropriate credentials, and a written notice to the owner, operator, or agent in charge, are authorized (a) to enter, during normal business hours, any facility within the state in which commercial feeds are manufactured, transloaded, processed, packed, distributed, or held for distribution, or to enter a vehicle being used to transport or hold such feeds; and (b) to inspect at reasonable times and within reasonable limits and in a reasonable manner, the facilities, or vehicles and all pertinent equipment, finished and unfinished materials, containers, labeling, and records. The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with this chapter and its rules.
(2) A separate notice shall be given for each such inspection, but a notice is not required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified.
(3) If the inspector or employee making such inspection of a facility or vehicle has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises, he or she shall give to the owner, operator, or agent in charge, a receipt describing the samples obtained.
(4) If the owner of a facility or vehicle described in subsection (1) of this section, or his or her agent, refuses to admit the director or his or her agent to inspect in accordance with subsections (1) and (2) of this section, the director or his or her agent is authorized to obtain from any court of competent jurisdiction a warrant directing such owner or his or her agent to submit the premises described in the warrant to inspection.
(5) For the enforcement of this chapter, the director or his or her duly assigned agent is authorized to enter upon any public or private premises including any vehicle of transport during regular business hours to have access to, and to obtain samples, and to examine records relating to distribution of commercial feeds.
(6) Sampling and analysis shall be conducted in accordance with methods published by the association of official analytical chemists, or in accordance with other generally recognized methods.
(7) The results of all analyses of official samples shall be forwarded by the department to the person named on the label and to the purchaser, if known. If the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded and upon request within thirty days following the receipt of the analysis, the department shall furnish to the registrant or licensee a portion of the sample concerned. If referee analysis is requested, a portion of the official sample shall be furnished by the department and shall be sent directly to an independent lab agreed to by all parties.
(8) The department, in determining for administrative purposes whether a feed is deficient in any component, shall be guided solely by the official sample as defined in RCW 15.53.901(20) and obtained and analyzed as provided for in this section.
(9) Analysis of an official sample by the department shall be accepted as prima facie evidence by any court of competent jurisdiction.
[ 2005 c 18 s 8; 1995 c 374 s 41; 1965 ex.s. c 31 s 9.]
Notes:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Prosecutions, official analysis as evidence: RCW 15.53.904.

catchline: Inspections of facilities, vehicles, equipment, etc.—Verification of records and procedures—Notice—Official samples—Warrants authorized.


title: RCW 15.53.9038

text:
(1) When the department has reasonable cause to believe that any lot of commercial feed is adulterated or misbranded or is being distributed in violation of this chapter or any rules hereunder it may issue and enforce a written or printed "withdrawal from distribution" order, or "stop sale" order, warning the distributor not to dispose of the lot of feed in any manner until written permission is given by the department. The department shall release the lot of commercial feed so withdrawn when the provisions and rules have been complied with. If compliance is not obtained within thirty days, parties may agree to an alternative disposition in writing or the department may institute condemnation proceedings in a court of competent jurisdiction.
(2) Any lot of commercial feed not in compliance with the provisions and rules is subject to seizure on complaint of the department to a court of competent jurisdiction in the area in which the commercial feed is located. If the court finds the commercial feed to be in violation of this chapter and orders the condemnation of the commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state. The court shall first give the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with this chapter.
[ 1995 c 374 s 42; 1982 c 177 s 5; 1975 1st ex.s. c 257 s 7; 1965 ex.s. c 31 s 16.]
Notes:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Effective date—1975 1st ex.s. c 257: See note following RCW 15.13.470.

catchline: Department's remedies for noncompliance—"Withdrawal from distribution" order—Condemnation—Seizure.


title: RCW 15.53.904

text:
(1) Any person convicted of violating any of the provisions of this chapter or the rules and regulations issued thereunder or who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the department in the performance of its duty in connection with the provisions of this chapter, shall be adjudged guilty of a misdemeanor as provided in RCW 9A.20.021. In all prosecutions under this chapter involving the composition of a lot of commercial feed, a certified copy of the official analysis signed by the department shall be accepted as prima facie evidence of the composition.
(2) Any person convicted of intentionally violating RCW 15.53.902(4) or the rules issued thereunder is guilty of a gross misdemeanor as provided in RCW 9A.20.021.
(3) Nothing in this chapter shall be construed as requiring the department to report for prosecution or for the institution of seizure proceedings as a result of minor violations of this chapter when it believes that the public interest will be best served by a suitable notice of warning in writing.
(4) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the department reports a violation for such prosecution, an opportunity shall be given the distributor to present the distributor's view in writing or orally to the department.
(5) The department is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under this chapter notwithstanding the existence of other remedies at law. Said injunction to be issued without bond.
[ 2005 c 40 s 2; 1965 ex.s. c 31 s 17.]
Notes:
Analysis of official sample as evidence: RCW 15.53.9024.

catchline: Department's remedies for noncompliance—Classification of crimes—Prosecutions—Injunctions.


title: RCW 15.53.9042

text:
The department shall publish at least annually, in such forms as it may deem proper, information concerning the distribution of commercial feed, together with such data on their production and use as it may consider advisable, and a report of the results of the analyses of official samples of commercial feed within the state as compared with the analyses guaranteed on the label or as calculated from the invoice data for customer-formula feeds: PROVIDED, That the information concerning production and use of commercial feeds shall not disclose the operations of any person.
[ 1995 c 374 s 43; 1965 ex.s. c 31 s 18.]
Notes:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.

catchline: Department to publish distribution information, production data, and analyses comparison.


title: RCW 15.53.9044

text:
All moneys collected under this chapter shall be paid to the director and deposited in an account within the agricultural local fund. Such deposits shall be used only in the administration and enforcement of this chapter.
[ 2005 c 18 s 9; 1988 c 254 s 5; 1975 1st ex.s. c 257 s 8; 1965 ex.s. c 31 s 19.]
Notes:
Effective date—1975 1st ex.s. c 257: See note following RCW 15.13.470.

catchline: Disposition of moneys.


title: RCW 15.53.9046

text:
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 in order to carry out the purpose and provisions of this chapter.
[ 1965 ex.s. c 31 s 24.]

catchline: Cooperation with other entities.


title: RCW 15.53.9048

text:
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1965 ex.s. c 31 s 20.]

catchline: Chapter is cumulative.


title: RCW 15.53.9056

text:
This chapter shall be known as the "Washington Commercial Feed Law."
[ 1965 ex.s. c 31 s 1.]

catchline: Short title.


title: RCW 15.54.265

text:
(1) The legislature intends to strengthen the state's fertilizer adulteration laws to protect human health and the environment by:
(a) Ensuring that all fertilizers meet standards for allowable metals;
(b) Allowing fertilizer purchasers and users to know about the contents of fertilizer products; and
(c) Clarifying the department of ecology's oversight authority over waste-derived fertilizers.
(2) The legislature intends to provide better information to the public on fertilizers, soils, and potential health effects by authorizing additional studies on plant uptake of metals and levels of dioxins in soils and products.
[ 1998 c 36 s 1.]
Notes:
Short title—1998 c 36: "This act may be known and cited as the fertilizer regulation act." [ 1998 c 36 s 24.]

catchline: Intent—1998 c 36.


title: RCW 15.54.270

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Brand" means a term, design, or trademark used in connection with the distribution and sale of one or more grades of commercial fertilizers.
(2) "Bulk fertilizer" means commercial fertilizer distributed in a nonpackaged form such as, but not limited to, tote bags, tote tanks, bins, tanks, trailers, spreader trucks, and railcars.
(3) "Calcium carbonate equivalent" means the acid-neutralizing capacity of an agricultural liming material expressed as a weight percentage of calcium carbonate.
(4) "Commercial fertilizer" means a substance containing one or more recognized plant nutrients and that is used for its plant nutrient content or that is designated for use or claimed to have value in promoting plant growth, and shall include limes, gypsum, and manipulated animal and vegetable manures. It does not include unmanipulated animal and vegetable manures, organic waste-derived material, and other products exempted by the department by rule.
(5) "Composting" means the controlled aerobic degradation of organic waste materials. Natural decay of organic waste under uncontrolled conditions is not composting.
(6) "Customer-formula fertilizer" means a mixture of commercial fertilizer or materials of which each batch is mixed according to the specifications of the final purchaser.
(7) "Department" means the department of agriculture of the state of Washington or its duly authorized representative.
(8) "Director" means the director of the department of agriculture.
(9) "Distribute" means to import, consign, manufacture, produce, compound, mix, or blend commercial fertilizer, or to offer for sale, sell, barter, exchange, or otherwise supply commercial fertilizer in this state.
(10) "Distributor" means a person who distributes.
(11) "Fertilizer material" means a commercial fertilizer that either:
(a) Contains important quantities of no more than one of the primary plant nutrients: Nitrogen, phosphate, and potash;
(b) Has eighty-five percent or more of its plant nutrient content present in the form of a single chemical compound; or
(c) Is derived from a plant or animal residue or by-product or natural material deposit that has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration.
(12) "Grade" means the percentage of total nitrogen, available phosphoric acid, and soluble potash stated in whole numbers in the same terms, order, and percentages as in the "guaranteed analysis," unless otherwise allowed by a rule adopted by the department. Specialty fertilizers may be guaranteed in fractional units of less than one percent of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or potash. Fertilizer materials, bone meal, manures, and similar materials may be guaranteed in fractional units.
(13) "Guaranteed analysis."
(a) Until the director prescribes an alternative form of "guaranteed analysis" by rule the term "guaranteed analysis" shall mean the minimum percentage of plant nutrients claimed in the following order and form:
Total nitrogen (N)
. . . .
percent
Available phosphoric acid (P2O5)
. . . .
percent
Soluble potash (K2O)
. . . .
percent
The percentage shall be stated in whole numbers unless otherwise allowed by the department by rule.
The "guaranteed analysis" may also include elemental guarantees for phosphorus (P) and potassium (K).
(b) For unacidulated mineral phosphatic material and basic slag, bone, tankage, and other organic phosphatic materials, the total phosphoric acid or degree of fineness may also be guaranteed.
(c) Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium shall be as allowed or required by rule of the department. The guarantees for such other nutrients shall be expressed in the form of the element.
(d) The guaranteed analysis for limes shall include the percentage of calcium or magnesium expressed as their carbonate; the calcium carbonate equivalent as determined by methods prescribed by the association of official analytical chemists; and the minimum percentage of material that will pass respectively a one hundred mesh, sixty mesh, and ten mesh sieve. The mesh size declaration may also include the percentage of material that will pass additional mesh sizes.
(e) In commercial fertilizer, the principal constituent of which is calcium sulfate (gypsum), the percentage of calcium sulfate (CaSO4.2H2O) shall be given along with the percentage of total sulfur.
(14) "Imported fertilizer" means any fertilizer distributed into Washington from any other state, province, or country.
(15) "Label" means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a fertilizer.
(16) "Labeling" includes all written, printed, or graphic matter, upon or accompanying a commercial fertilizer, or advertisement, brochures, posters, television, and radio announcements used in promoting the sale of such fertilizer.
(17) "Licensee" means the person who receives a license to distribute a commercial fertilizer under the provisions of this chapter.
(18) "Lime" means a substance or a mixture of substances, the principal constituent of which is calcium or magnesium carbonate, hydroxide, or oxide, singly or combined.
(19) "Manipulation" means processed or treated in any manner, including drying to a moisture content less than thirty percent.
(20) "Manufacture" means to compound, produce, granulate, mix, blend, repackage, or otherwise alter the composition of fertilizer materials.
(21) "Micronutrients" are: Boron; chlorine; cobalt; copper; iron; manganese; molybdenum; sodium; and zinc.
(22) "Micronutrient fertilizer" means a produced or imported commercial fertilizer that contains commercially valuable concentrations of micronutrients but does not contain commercially valuable concentrations of nitrogen, phosphoric acid, available phosphorus, potash, calcium, magnesium, or sulfur.
(23) "Official sample" means a sample of commercial fertilizer taken by the department and designated as "official" by the department.
(24) "Organic waste-derived material" means grass clippings, leaves, weeds, bark, plantings, prunings, and other vegetative wastes, uncontaminated wood waste from logging and milling operations, food wastes, food processing wastes, and materials derived from these wastes through composting. "Organic waste-derived material" does not include products that include biosolids.
(25) "Packaged fertilizer" means commercial fertilizers, either agricultural or specialty, distributed in nonbulk form.
(26) "Person" means an individual, firm, brokerage, partnership, corporation, company, society, or association.
(27) "Percent" or "percentage" means the percentage by weight.
(28) "Produce" means to compound or fabricate a commercial fertilizer through a physical or chemical process, or through mining. "Produce" does not include mixing, blending, or repackaging commercial fertilizer products.
(29) "Registrant" means the person who registers commercial fertilizer under the provisions of this chapter.
(30) "Specialty fertilizer" means a commercial fertilizer distributed primarily for nonfarm use, such as, but not limited to, use on home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries.
(31) "Ton" means the net weight of two thousand pounds avoirdupois.
(32) "Total nutrients" means the sum of the percentages of total nitrogen, available phosphoric acid, and soluble potash as guaranteed and as determined by analysis.
(33)(a) "Turf" means land, including residential property, commercial property, and publicly owned land, which is planted in closely mowed, managed grass.
(b) "Turf" does not include pasture land, land used to grow grass for sod, or any other land used for agricultural production or residential vegetable or flower gardening.
(34) "Turf fertilizer" means a commercial fertilizer that is labeled for use on turf.
(35) "Washington application rate" is calculated by using an averaging period of up to four consecutive years that incorporates agronomic rates that are representative of soil, crop rotation, and climatic conditions in Washington state.
(36) "Waste-derived fertilizer" means a commercial fertilizer that is derived in whole or in part from solid waste as defined in chapter 70A.205 or 70A.300 RCW, or rules adopted thereunder, but does not include fertilizers derived from biosolids or biosolids products regulated under chapter 70A.226 RCW or wastewaters regulated under chapter 90.48 RCW.
[ 2020 c 20 s 1001. Prior: 2011 c 73 s 1; 1998 c 36 s 2; 1997 c 427 s 1; 1993 c 183 s 1; 1987 c 45 s 1; 1967 ex.s. c 22 s 1.]
Notes:
Effective date—2011 c 73: "This act takes effect January 1, 2013." [ 2011 c 73 s 5.]
Short title—1998 c 36: See note following RCW 15.54.265.
Construction—1987 c 45: "This act shall not be construed as affecting any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule, regulation, or order adopted under those sections, nor as affecting any proceeding instituted under those sections." [ 1987 c 45 s 32.]
Severability—1987 c 45: "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 of the provision to other persons or circumstances is not affected." [ 1987 c 45 s 33.]

catchline: Definitions.


title: RCW 15.54.275

text:
(1) No person may distribute a bulk fertilizer in this state until a license to distribute has been obtained by that person. An annual license is required for each out-of-state or in-state location that distributes bulk fertilizer in Washington state. An application for each location must be filed on forms provided by the business licensing system established under chapter 19.02 RCW and must be accompanied by an annual fee of fifty dollars per location. The license expires on the business license expiration date.
(2) An application for license must include the following:
(a) The name and address of licensee.
(b) Any other information required by the department by rule.
(3) The name and address shown on the license must be shown on all labels, pertinent invoices, and storage facilities for fertilizer distributed by the licensee in this state.
(4) If an application for license renewal provided for in this section is not filed prior to the business license expiration date, a delinquency fee of fifty dollars must be assessed and added to the original fee and must be paid by the applicant before the renewal license is issued. The assessment of this delinquency fee does not prevent the department from taking any other action as provided for in this chapter.
[ 2021 c 282 s 1; 2013 c 144 s 8; 1998 c 36 s 3; 1993 c 183 s 2.]
Notes:
Application date—2021 c 282: "All new or renewal applications for registration under this act received on or after June 1, 2021, are subject to the provisions of this act, including all fees required by this act." [ 2021 c 282 s 5.]
Effective date—2021 c 282: "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 institutions, and takes effect June 1, 2021." [ 2021 c 282 s 6.]
Short title—1998 c 36: See note following RCW 15.54.265.

catchline: Bulk fertilizer distribution license—Fee.


title: RCW 15.54.325

text:
(1) No person may distribute in this state a commercial fertilizer until it has been registered with the department by the producer, importer, or packager of that product.
(2) An application for registration must be made on a form furnished by the department and must include the following:
(a) The product name;
(b) The brand and grade;
(c) The guaranteed analysis;
(d) Name, address, and phone number of the registrant;
(e) A label for each product being registered;
(f) Identification of those products that are (i) waste-derived fertilizers, (ii) micronutrient fertilizers, or (iii) fertilizer materials containing phosphate;
(g) The concentration of each metal, for which standards are established under RCW 15.54.800, in each product being registered, unless the product is (i) anhydrous ammonia or a solution derived solely from dissolving anhydrous ammonia in water, (ii) a customer-formula fertilizer containing only registered commercial fertilizers, or (iii) a packaged commercial fertilizer whose plant nutrient content is present in the form of a single chemical compound which is registered in compliance with this chapter and the product is not blended with any other material. The provisions of (g)(i) of this subsection do not apply if the anhydrous ammonia is derived in whole or in part from waste such that the fertilizer is a "waste-derived fertilizer" as defined in RCW 15.54.270. Verification of a registration relied on by an applicant under (g)(iii) of this subsection must be submitted with the application;
(h) If a waste-derived fertilizer or micronutrient fertilizer, information to ensure the product complies with chapter 70A.300 RCW and the resource conservation and recovery act, 42 U.S.C. Sec. 6901 et seq.; and
(i) Any other information required by the department by rule.
(3) All companies planning to mix customer-formula fertilizers shall include the statement "customer-formula grade mixes" under the column headed "product name" on the product registration application form. All customer-formula fertilizers sold under one brand name shall be considered one product.
(4) Registrations are issued by the department for a two-year period beginning on July 1st of a given year and ending twenty-four months later on July 1st, except that registrations issued to a registrant who applies to register an additional product during the last twelve months of the registrant's period expire on the next July 1st.
(5) An application for a new registration must be accompanied by a fee of one hundred fifty dollars for each product.
(6) Application for renewal of registration is due July 1st of each registration period and must be accompanied by a renewal fee of one hundred twenty dollars for each product. If an application for renewal is not received by the department by the due date, a late fee of fifty dollars per product is added to the original fee and must be paid by the applicant before the renewal registration may be issued. Payment of a late fee does not prevent the department from taking any action authorized by this chapter for the violation.
[ 2021 c 282 s 2; 2020 c 20 s 1002; 2008 c 292 s 1. Prior: 1999 c 383 s 1; 1999 c 382 s 1; 1998 c 36 s 4; 1993 c 183 s 3.]
Notes:
Application date—Effective date—2021 c 282: See notes following RCW 15.54.275.
Effective date—1999 c 383: "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 institutions, and takes effect July 1, 1999." [ 1999 c 383 s 5.]
Effective date—1999 c 382: "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 institutions, and takes effect July 1, 1999." [ 1999 c 382 s 2.]
Short title—1998 c 36: See note following RCW 15.54.265.

catchline: Commercial fertilizer registration—Required for distribution—Application—Fees.


title: RCW 15.54.330

text:
(1) The department shall examine the commercial fertilizer product registration application form and labels for conformance with the requirements of this chapter. If the application and appropriate labels are in proper form and contain the required information, the particular commercial fertilizer products shall be registered by the department and a certificate of registration shall be issued to the applicant.
(2) In reviewing the commercial fertilizer product registration application, the department may consider experimental data, manufacturers' evaluations, data from agricultural experiment stations, product review evaluations, or other authoritative sources to substantiate labeling claims. The data shall be from statistically designed and analyzed trials representative of the soil, crops, and climatic conditions found in the northwestern area of the United States.
(3) In determining whether approval of a labeling statement or guarantee of an ingredient is appropriate, the department may require the submission of a written statement describing the methodology of laboratory analysis utilized, the source of the ingredient material, and any reference material relied upon to support the label statement or guarantee of ingredient.
(4) Before registering a waste-derived fertilizer or micronutrient fertilizer, the department shall obtain written approval from the department of ecology as provided in RCW 15.54.820. Once a waste-derived fertilizer or micronutrient fertilizer has been approved by the department of ecology, its subsequent use in another product during that registration cycle shall not require department of ecology review. This subsection shall apply to new and renewal registration applications for periods beginning July 1, 1999, and thereafter.
[ 1999 c 383 s 2; 1998 c 36 s 5; 1993 c 183 s 4; 1967 ex.s. c 22 s 21.]
Notes:
Effective date—1999 c 383: See note following RCW 15.54.325.
Short title—1998 c 36: See note following RCW 15.54.265.

catchline: Commercial fertilizer registration—Application review—Labels and guarantees.


title: RCW 15.54.340

text:
(1) Any packaged commercial fertilizer distributed in this state that is not a customer-formula fertilizer must have placed on or affixed to the package a label stating in clearly legible and conspicuous form the following information:
(a) The net weight;
(b) The product name, brand, and grade. The grade is not required if no primary nutrients are claimed;
(c) The guaranteed analysis;
(d) The name and address of the registrant or licensee. The name and address of the manufacturer, if different from the registrant or licensee, may also be stated;
(e) Any information required under WAC 296-307-560 through 296-307-56050;
(f) A statement, established by rule, referring persons to the department's Uniform Resource Locator (URL) internet address where data regarding the metals content of the product is located; and
(g) Other information as required by the department by rule.
(2) Any commercial fertilizer that is distributed in bulk in this state that is not a customer-formula fertilizer must be accompanied by a written or printed statement that includes the information required by subsection (1) of this section and must be supplied to the purchaser at the time of delivery.
(3) Each delivery of a customer-formula fertilizer in this state must be accompanied by either a statement, invoice, a delivery slip, or a label if bagged, containing the following information: The net weight; the brand; the name and amount of each ingredient; the guaranteed analysis which may be stated to the nearest tenth of a percent or to the next lower whole number; the name and address of the registrant or licensee, or manufacturer, or both; and the name and address of the purchaser.
(4) Each delivery of a customer-formula fertilizer must contain the ingredients specified by the purchaser. A record of the invoice or statement of each delivery must be kept by the registrant or licensee for twelve months and must be available to the department upon request.
[ 2008 c 292 s 2; 2003 c 15 s 1; 1999 c 381 s 1; 1998 c 36 s 6; 1993 c 183 s 5; 1987 c 45 s 12; 1967 ex.s. c 22 s 22.]
Notes:
Effective date—2003 c 15 s 1: "Section 1 of this act takes effect January 1, 2004." [ 2003 c 15 s 2.]
Effective date—1999 c 381: "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 institutions, and takes effect July 1, 1999." [ 1999 c 381 s 2.]
Short title—1998 c 36: See note following RCW 15.54.265.
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.

catchline: Labeling requirements.


title: RCW 15.54.350

text:
(1) There shall be paid to the department for all commercial fertilizers distributed in this state to nonregistrants or nonlicensees an inspection fee of twenty cents per ton of lime and thirty-five cents per ton of all other commercial fertilizer distributed during the year beginning July 1st and ending June 30th.
(2) Distribution of commercial fertilizers for shipment to points outside this state may be excluded.
(3) When more than one distributor is involved in the distribution of a commercial fertilizer, the last registrant or licensee who distributes to a nonregistrant or nonlicensee is responsible for paying the inspection fee, unless the payment of fees has been made by a prior distributor of the fertilizer.
[ 2021 c 282 s 3; 1993 c 183 s 6; 1987 c 45 s 13; 1981 c 297 s 18; 1975 1st ex.s. c 257 s 9; 1967 ex.s. c 22 s 23.]
Notes:
Application date—Effective date—2021 c 282: See notes following RCW 15.54.275.
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.
Severability—1981 c 297: See note following RCW 15.36.201.
Effective date—1975 1st ex.s. c 257: See note following RCW 15.13.470.

catchline: Inspection fees.


title: RCW 15.54.362

text:
(1) Every registrant or licensee who distributes commercial fertilizer in this state must file a semiannual report on forms provided by the department stating the number of net tons of each commercial fertilizer distributed in this state.
(a) For the period January 1st through June 30th of each year, the report is due on July 31st of that year; and
(b) For the period July 1st through December 31st of each year, the report is due on January 31st of the following year.
(2) Upon permission of the department, a person distributing in the state less than one hundred tons for each six-month period during any annual reporting period of July 1st through June 30th may submit an annual report on a form provided by the department that is due on the July 31st following the period. The department may accept sales records or other records accurately reflecting the tonnage sold and verifying such reports.
(3) Each person responsible for the payment of inspection fees for commercial fertilizer distributed in this state must include the inspection fees with each semiannual or annual report. If in an annual reporting period a registrant or licensee distributes less than one hundred forty-three tons of commercial fertilizer or less than two hundred fifty tons of commercial lime or equivalent combination of the two, the registrant or licensee must pay the minimum inspection fee of fifty dollars.
(4) The department may, upon request, require registrants or licensees to furnish information setting forth the net tons of commercial fertilizer distributed to each location in this state.
(5) If the semiannual or annual report indicates that zero tons of commercial fertilizer were distributed during the reporting period, the person responsible for completing the report must pay a filing fee of twelve dollars and fifty cents for a semiannual report or twenty-five dollars for an annual report.
(6)(a) If a complete report is not received by the due date, the person responsible for filing the report must pay a late fee of fifty dollars.
(b) If the appropriate inspection fees are not received by the due date, the person responsible for paying the inspection fee must pay a late fee equal to ten percent of the inspection fee owed or fifty dollars, whichever is greater.
(7) It is a misdemeanor for any person to divulge any information provided under this section that would reveal the business operation of the person making the report. However, nothing contained in this subsection may be construed to prevent or make unlawful the use of information concerning the business operations of a person in any action, suit, or proceeding instituted under the authority of this chapter, including any civil action for the collection of unpaid inspection fees, which action is authorized and which shall be as an action at law in the name of the director of the department.
(8) Payment of late fees or filing fees provided for under this section does not prevent the department from taking any other action authorized by this chapter for the violation.
[ 2021 c 282 s 4; 2008 c 292 s 3; 1993 c 183 s 7; 1987 c 45 s 14.]
Notes:
Application date—Effective date—2021 c 282: See notes following RCW 15.54.275.
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.


title: RCW 15.54.370

text:
(1) It shall be the duty of the department to inspect, sample, make analysis of, and test commercial fertilizers distributed within this state at such time and place and to such an extent as it may deem necessary to determine whether such fertilizers are in compliance with the provisions of this chapter. The department is authorized to stop any commercial vehicle transporting fertilizers on the public highways and direct it to the nearest scales approved by the department to check weights of fertilizers being delivered. The department is also authorized, upon presentation of proper identification, to enter any distributor's premises, including any vehicle of transport, at all reasonable times in order to have access to commercial fertilizers and to records relating to their distribution.
(2) The methods of sampling and analysis shall be those adopted by the department from officially recognized sources.
(3) The department, in determining for administrative purposes whether a fertilizer is deficient in any component or total nutrients, shall be guided solely by the official sample as defined in RCW 15.54.270 and obtained and analyzed as provided for in this section.
(4) When the inspection and analysis of an official sample has been made, the results of analysis shall be forwarded by the department to the registrant or licensee and to the purchaser, if known. Upon request and within thirty days, the department shall furnish to the registrant or licensee a portion of the sample concerned.
(5) Analysis of an official sample by the department shall be accepted as prima facie evidence by any court of competent jurisdiction.
[ 1993 c 183 s 8; 1987 c 45 s 16; 1967 ex.s. c 22 s 25.]
Notes:
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.

catchline: Official samples—Inspection, analysis, testing—Right of entry.