title: RCW 15.21.030

text:
Cost for the purpose of this chapter, shall be that price paid for fresh fruit by the seller or the actual replacement cost for such fresh fruit: PROVIDED, That the delivered invoice price to such seller shall be prima facie evidence of the price paid for such fresh fruit by the seller.
[ 1965 c 61 s 3.]

catchline: Cost.


doc_type: statute

jurisdiction: wa

title: RCW 15.21.040

text:
When one or more items are offered for sale or sold with one or more items at a combined price, or offered individually or as a package or a unit to be given with the sale of one or more items, each and all such items shall for the purpose of this chapter be deemed to be offered for sale, and as to such transaction the cost basis shall be the combined cost basis of all such items as determined pursuant to RCW 15.21.030.
[ 1965 c 61 s 4.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Combination sales.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 15.21.050

text:
Any person, prosecuting attorney, or the attorney general may bring an action to enjoin the violation or threatened violation of the provisions of this chapter in the superior court in the county where such violation occurs or is about to occur, notwithstanding the existence of any other remedies at law.
[ 1965 c 61 s 5.]

catchline: Injunction.


title: RCW 15.21.060

text:
(1) Except as provided in subsection (2) of this section, any person violating the provisions of this chapter is guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a previous conviction shall be considered a first offense.
[ 2003 c 53 s 103; 1965 c 61 s 6.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Penalties.


title: RCW 15.21.070

text:
The provisions of this chapter shall not apply to the following sales at retail or sales at wholesale:
(1) When fresh fruit is sold for charitable purposes or to relief agencies;
(2) When fresh fruit is sold on contract to departments of the government or governmental institutions;
(3) When fresh fruit is sold by any officer acting under the order or direction of any court.
[ 1965 c 61 s 7.]

catchline: Exempt sales.


title: RCW 15.21.900

text:
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1965 c 61 s 8.]

catchline: Chapter cumulative.


title: RCW 15.21.910

text:
This chapter may be cited as the Washington fresh fruit sales limitation act.
[ 1965 c 61 s 9.]

catchline: Short title.


title: RCW 15.24.010

text:
As used in this chapter:
(1) "Commission" means the Washington apple commission;
(2) "Crop year" means the year in which apples are harvested and is designated for those apples based on the date of harvest regardless of when they are subsequently packed or shipped;
(3) "Dealer" means any person who handles, ships, buys, or sells apples, or who acts as sales or purchasing agent, broker, or factor of apples;
(4) "Dealer district No. 1" includes the area of the state north of Interstate 90;
(5) "Dealer district No. 2" includes the area of the state south of Interstate 90;
(6) "Director" means the director of the department of agriculture or his or her duly authorized representative;
(7) "Executive officer" includes, but is not limited to, the principal management executive, sales manager, general manager, or other executive employee of similar responsibility and authority;
(8) "Fresh apples" means all apples other than processing apples;
(9) "Grower" means a person engaged in the business of producing apples for market in commercial quantities, whether as an individual, corporation, firm, limited liability company, trust, association, partnership, society, or any other organization of individuals;
(10) "Grower district No. 1" includes the counties of Chelan, Okanogan, and Douglas;
(11) "Grower district No. 2" includes the counties of Kittitas, Yakima, Benton, and Franklin;
(12) "Grower district No. 3" includes all counties in the state not included in the first and second districts;
(13) "Handler" means any person who ships or initiates a shipping operation, whether for himself, herself, or for another;
(14) "Processing apples" means all apples delivered to a processing plant for drying, dehydrating, canning, pressing, powdering, extracting, cooking, or for use in producing a product or manufacturing a manufactured article. However, "processing apples" does not include fresh apples sliced or cut for raw consumption;
(15) "Processor" and "processing plant" means every person to whom and every place to which apples are delivered for drying, dehydrating, canning, pressing, powdering, extracting, cooking, or for use in producing a product or manufacturing a manufactured article; and
(16) "Ship" means to load apples into a conveyance for transport, except apples being moved from the orchard where grown to a packing house or warehouse within the immediate area of production.
[ 2016 sp.s. c 15 s 1; 2002 c 313 s 115; 1989 c 354 s 53; 1967 c 240 s 22; 1963 c 145 s 1; 1961 c 11 s 15.24.010. Prior: 1937 c 195 s 2; RRS s 2874-2.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1989 c 354: See note following RCW 15.36.012.

catchline: Definitions.


title: RCW 15.24.015

text:
The commission exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges the commission, with oversight by the director, to speak on behalf of the Washington state government with regard to apples and apple-related issues.
[ 2004 c 178 s 1.]

catchline: Commission—Purpose.


title: RCW 15.24.020

text:
There is hereby created a Washington apple commission to be thus known and designated. The commission shall be composed of nine apple growers and four apple dealers. In addition, the director shall be a full voting member of the commission and may in his or her place appoint any other employee of the department of agriculture as a designee to attend commission meetings and otherwise represent the director and exercise the director's vote.
The nine grower members shall be citizens and residents of this state, over the age of twenty-five years, each of whom, either individually or as an executive officer of a corporation, firm or partnership, is and has been actually engaged in growing and producing apples within the state of Washington for a period of five years, currently operates a commercial producing orchard in the district represented, and has during that period derived a substantial portion of his or her income therefrom. The four dealer members shall be persons who, either individually or as executive officers of a corporation, firm, partnership, association, or cooperative organization, are and have been actively engaged as dealers in apples within the state of Washington for a period of five years, and are citizens and residents of this state, and are engaged as apple dealers in the district represented. The qualifications of members of the commission as herein set forth must continue during their term of office. A person who meets the qualifications of both a grower and a dealer as set forth in this section may serve as either a grower member or a dealer member.
[ 2016 sp.s. c 15 s 2; 2004 c 178 s 2; 2002 c 313 s 116; 1989 c 354 s 54; 1967 c 240 s 23; 1963 c 145 s 2; 1961 c 11 s 15.24.020. Prior: 1949 c 191 s 1, part; 1937 c 195 s 3, part; Rem. Supp. 1949 s 2874-3, part.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1989 c 354: See note following RCW 15.36.012.

catchline: Commission created—Generally.


title: RCW 15.24.030

text:
Thirteen persons, not including the director or the director's representative, with the qualifications stated in RCW 15.24.020 shall be members of the commission. Nine of the members shall be grower members, and four shall be dealer members. The number of grower members to be appointed from each grower district shall be determined in accordance with the relative acreages of planted commercial apple orchards within the various districts, according to the most recent census of acreages published by the United States department of agriculture, agricultural statistics service. The number of grower members to be appointed from each of the grower districts shall be subject to readjustment every ten years thereafter in accordance with the then most recent census of acreages of planted commercial apple orchards published by the United States department of agriculture, agricultural statistics service. In the event the information from the United States department of agriculture's agricultural statistics service is not published with respect to the specifically defined districts, the commission shall adopt rules to establish equitable apportionment based on the available information. However, at all times at least two grower members shall be from district 1, one of which shall be from Okanogan county; district 2 shall never have fewer than two grower members; and district 3 shall never have fewer than one grower member. The commission shall adopt rules to effect the efficient transition of reapportioned positions.
The regular term of office of the members of the commission shall be three years from March 1st following their appointment by the director and until their successors are appointed. The commission shall hold its annual meeting during the month of March each year and shall hold such other meetings during the year as it shall determine. The first commission meeting that takes place after June 10, 2004, shall be held in Wenatchee, and subsequent commission meetings shall alternate between Yakima and Wenatchee.
[ 2016 sp.s. c 15 s 3; 2004 c 178 s 3; 1989 c 354 s 55; 1967 c 240 s 24; 1963 c 145 s 3; 1961 c 11 s 15.24.030. Prior: 1949 c 191 s 1, part; 1937 c 195 s 3, part; Rem. Supp. 1949 s 2874-3, part.]
Notes:
Severability—1989 c 354: See note following RCW 15.36.012.


title: RCW 15.24.035

text:
(1) The director shall appoint the members of the commission.
(2) Except as provided in RCW 15.24.050, before the expiration of a commission member's term, the commission shall call a meeting of apple growers and dealers for the purpose of nominating candidates whose names will be forwarded to the director for consideration for appointment as a member of the commission. The meetings may be held each year, as far as practicable, at the same time and place as an annual meeting of a grower or dealer organization that represents a majority of the state's apple growers or dealers, but not while the same is in actual session. Public notice of such meetings must be given by the commission in such manner as it may determine: PROVIDED, That nonreceipt of the notice by any interested person does not invalidate the proceedings. Any qualified person may be nominated orally for such positions at the respective meetings. Nominations may also be made within five days after any such meeting by written petition filed in the office of the commission, signed by not less than five apple growers or dealers, as the case may be, residing within the district.
(3) The commission shall hold an advisory vote in the event that more than two candidates are nominated for a position. The names of the two candidates receiving the most votes in the advisory vote shall be forwarded to the director for consideration. In the event that only one candidate is nominated, the name must be forwarded to the director for consideration without an advisory vote.
(4) Advisory ballots shall be mailed to all growers for grower positions and to affected dealers for dealer positions. The advisory ballot shall be conducted in a manner so that it is a secret ballot. Nominees to be forwarded to the director for consideration for appointment to dealer positions on the commission shall be selected by a majority of the votes cast by the apple dealers in the respective districts, each dealer being entitled to one vote. Nominees to be forwarded to the director for consideration for appointment to grower positions on the commission shall be selected by a majority of the votes cast by the apple growers in the respective districts. Each grower engaged in the business of producing apples for market in commercial quantities within the district is entitled to one vote. An individual commercial orchard operator, if otherwise qualified, is entitled to vote, even though he or she is also a member of a partnership or corporation, which also is entitled to vote.
(5) The director has the discretion to appoint or reject any candidate.
(6) Any candidate whose name is forwarded to the director for potential appointment shall submit to the director a letter stating why he or she wishes to be appointed to the commission. The director may select any candidate for the position or may reject all candidates and request a new advisory vote with nominees selected by the commission and, if desired, by the director.
[ 2016 sp.s. c 15 s 4; 2008 c 11 s 1; 2004 c 178 s 5.]

catchline: Members—Appointments by director—Meeting to nominate candidates—Advisory ballot.


title: RCW 15.24.045

text:
If a commission member fails or refuses to perform his or her duties due to excessive absence or abandonment of his or her position or engages in any acts of dishonesty or willful misconduct, the commission may recommend to the director that the commission member be removed from his or her position on the commission. Upon receiving such recommendation, the director shall review the matter, including any statement from the commission member who is the subject of the recommendation, and determine whether adequate cause for removal is present. If the director finds that adequate cause for removal exists, the director shall remove the member from his or her commission position. The position shall then be declared vacant and must be filled pursuant to the provisions of this chapter for filling vacancies.
[ 2008 c 11 s 3.]


title: RCW 15.24.050

text:
In the event a position becomes vacant due to resignation, disqualification, death, or for any other reason, such position shall be filled for the balance of the unexpired term by appointment by the director from at least two nominees submitted by the remaining members of the commission.
A majority of the voting members shall constitute a quorum for the transaction of all business and the carrying out of the duties of the commission.
Each member of the commission shall be compensated in accordance with RCW 43.03.230 and shall be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter. Employees of the commission may also be reimbursed for actual travel expenses when on official commission business.
[ 2004 c 178 s 7; 2002 c 313 s 118; 1984 c 287 s 12; 1975-'76 2nd ex.s. c 34 s 12; 1967 c 240 s 26; 1961 c 11 s 15.24.050. Prior: 1949 c 191 s 1, part; 1937 c 195 s 3, part; Rem. Supp. 1949 s 2874-3, part.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.


title: RCW 15.24.065

text:
(1) The commission shall develop and submit to the director for approval any plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and administration of appropriate programs or projects within the commission's powers and duties;
(b) The establishment and effectuation of market research projects, market development projects, or both to the end that the marketing and utilization of apples may be encouraged, expanded, improved, or made more efficient; and
(c) The establishment and effectuation of, and/or support of industry organizations work regarding, market access project and programs, trade banner work and industry organization support.
(2) The director shall review the commission's programs to ensure that they properly benefit the people of the state of Washington and its economy and properly speak the message of the state.
(3) The commission, prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its project and program plans and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a timely manner.
[ 2004 c 178 s 8.]

catchline: Plans, programs, and projects—Approval by director.


title: RCW 15.24.070

text:
The Washington apple commission is hereby declared and created an agency of the Washington state government. The powers and duties of the commission shall include the following:
(1) To elect a chair and such other officers as it deems advisable; and to adopt, rescind, and amend rules and orders for the exercise of its powers under this chapter, which shall have the force and effect of the law when not inconsistent with existing laws;
(2) To administer and enforce the provisions of this chapter, and do all things reasonably necessary to effectuate the purposes of this chapter;
(3) To employ and at its pleasure discharge a manager, secretary, agents, attorneys, and employees as it deems necessary, and to prescribe their duties and powers and fix their compensation;
(4) To establish offices and incur expense and enter into contracts and to create such liabilities as may be reasonable for the proper administration and enforcement of this chapter. Expenses may include reasonable, prudent use of promotional hosting to benefit the purposes of this chapter;
(5) To investigate and prosecute violations of this chapter;
(6) To conduct scientific research to develop and discover the health, food, therapeutic, and dietetic value of apples and apple products;
(7) To keep accurate record of all of its dealings, which shall be open to inspection and audit by the state auditor;
(8) To sue and be sued and have all of the powers of an agency;
(9) To expend funds for commodity-related education, training, and leadership programs as the commission deems expedient;
(10) To borrow money and incur indebtedness;
(11) To accept gifts, grants, conveyances, bequests, and devises, of real or personal property, or both, in trust or otherwise, and sell, lease, exchange, invest, or expend these donations or the proceeds, rents, profits, and income from the donations on any appropriate activity of the commission except as limited by the donor's terms. The commission shall adopt rules to govern and protect the receipt and expenditure of the proceeds, rents, profits, and income of all such gifts, grants, conveyances, bequests, and devises. The authority to make expenditures granted by this subsection includes the authority to make expenditures to provide scholarships or financial assistance to persons as defined in RCW 1.16.080 or entities associated with the apple industry, but is not limited to the authority to make expenditures for such a purpose;
(12) To engage in appropriate fund-raising activities for the purpose of supporting the activities of the commission authorized by this chapter;
(13) To retain, discharge, or contract with, at its pleasure, accountants, marketing agencies, and other professional consultants as necessary, under procedures for hiring, discharging, and review as adopted by the commission;
(14) To maintain, protect, acquire, or own intellectual property rights, including without limitation, licenses, trademarks, copyrights, artwork, or patents and to sell or license any or all of such rights and collect royalties therefrom and from commission-funded research related to apples;
(15) To apply for and administer federal market access programs and/or similar programs or projects and provide matching funds as may be necessary;
(16) With oversight by the director, provide funding and support to organizations providing general support and leadership to and representation of the apple industry;
(17) With oversight by the director, to speak on behalf of the Washington state government on a nonexclusive basis with regard to apples and apple-related issues, including but not limited to trade negotiations, market access negotiations, and the like, and to fund industry organizations engaging in such activities;
(18) To fund, conduct, or otherwise participate in scientific research relating to apples, including without limitation research regarding pests, pesticides, food safety, irrigation, transportation, and environmental stewardship;
(19) To provide services relating to the production, promotion, sale and/or distribution of Washington apples on a fee-for-services basis. However, (a) the product of such services shall belong to the funding party, and (b) the fees for such services shall include a reasonable charge for the commission's overhead expenses as determined by the commission; and
(20) To gather, maintain, and distribute data relating to the production, processing, shipment, and sales of apples, in connection with its ordinary operations and collection of assessments and particularly in connection with services provided on a fee-for-service basis.
[ 2004 c 178 s 9; 2002 c 313 s 119; 1994 c 134 s 1; 1987 c 393 s 3; 1986 c 203 s 3; 1963 c 145 s 5; 1961 c 11 s 15.24.070. Prior: (i) 1937 c 195 s 8; RRS s 2874-8. (ii) 1937 c 195 s 5; RRS s 2874-5. (iii) 1937 c 195 s 4, part; RRS s 2874-4, part.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Powers and duties—Agency of state government.


title: RCW 15.24.073

text:
All rule-making proceedings conducted under this chapter must be in accordance with chapter 34.05 RCW except that rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310, 43.135.055, and the provisions of chapter 19.85 RCW, the regulatory fairness act, when the proposed rule is subject to a referendum.
[ 2016 sp.s. c 15 s 5; 2002 c 313 s 125.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Rule-making proceedings—Exemptions.


title: RCW 15.24.080

text:
In order to benefit the people of this state, the state's economy and its general tax revenues, the commission shall provide for and conduct a comprehensive and extensive research, advertising, and educational campaign as continuous as the crop, sales, and market conditions reasonably require. It shall investigate and ascertain the needs of growers, conditions of the markets, and extent to which public convenience and necessity require research and advertising to be conducted.
[ 2016 sp.s. c 15 s 6; 2002 c 313 s 120; 1961 c 11 s 15.24.080. Prior: 1937 c 195 s 13, part; RRS s 2874-13, part.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Research, advertising, and educational campaign—Beneficial purposes.


title: RCW 15.24.090

text:
(1) There is hereby levied annually upon all fresh apples grown in this state, and all apples packed as Washington apples, including fresh sliced, an assessment of eight and seventy-five one-hundredths cents per one hundred pounds of apples, based on net shipping weight, or reasonable equivalent net product assessment measurement as determined by the commission. All moneys collected under this subsection must be expended to effectuate the purpose and objects of this chapter. The assessment rates established in this subsection may be increased or decreased pursuant to the procedure in subsection (2) of this section.
(2) If the commission determines based on information available to it that the revenue from the assessment levied under this chapter is too high or is inadequate to accomplish the purposes of this chapter, then with the oversight of the director the commission shall commence rule making setting forth the needs of the industry, the extent and probable cost of commission activities identified as necessary to address the needs of the industry together with a brief statement justifying each activity, the proposed new assessment rate, and the expected revenue from the proposed assessment. A different rate may be proposed for any specific variety or for fresh apples sliced or cut for raw consumption.
(3) Upon receiving the director's approval of the rule making commenced under subsection (2) of this section, and with the oversight of the director, the commission may conduct a referendum to determine whether growers assent to the proposed new assessment rate, or may refer the matter to the director to conduct the referendum on behalf of the commission. An increase in the assessment rate is approved if two-thirds of growers vote in favor and the growers voting in favor represent two-thirds of the apples grown in the two prior crop years, based on net shipping weight. A decrease in the assessment rate is approved if a majority of growers vote in favor and the growers voting in favor represent two-thirds of the apples grown in the two prior crop years, based on the net shipping weight. If approved, the new rate must be adopted in rule in accordance with chapter 34.05 RCW.
[ 2016 sp.s. c 15 s 7; 2004 c 178 s 10; 2002 c 313 s 122; 1983 c 95 s 1; 1979 c 20 s 1; 1967 c 240 s 27; 1963 c 145 s 6; 1961 c 11 s 15.24.090. Prior: 1953 c 43 s 1; 1937 c 195 s 13, part; RRS s 2874-13, part.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.


title: RCW 15.24.100

text:
(1) A petition may be filed with the commission to reduce the assessment authorized in RCW 15.24.090 to zero. To be valid, the petition must be signed by at least eight percent of all apple growers eligible to vote in commission referendum elections. The petition shall contain the name of a person designated to represent the petitioners.
(2) Upon receipt of a valid petition, the commission shall prepare a document discussing the substance of the petition. A statement in favor of the petition shall be written by the proponents of the petition. A statement opposing the petition may be written by the commission or an opponent. The document and a notice of public hearing shall be sent to apple growers eligible to vote in commission referendum elections at least twenty days prior to the scheduled public hearings. The commission shall hold public hearings in Yakima and Wenatchee on the petition.
(3) Following the public hearings, the question of whether to reduce the assessment authorized in RCW 15.24.090 to zero shall be referred to a referendum mail ballot. The commission shall certify to the director a list of apple growers eligible to vote in commission referendum elections. The referendum shall be conducted and supervised by the director using the certified list. Inadvertent failure to notify a grower does not invalidate a referendum.
(4) The referendum will be approved if a simple majority of apple growers voting in the referendum election vote in favor of the elimination of the assessment. The director will certify the results of the vote.
(5) The referendum vote shall be binding and may not be overturned by action of the commission or director. If the referendum is approved, the commission shall immediately commence activities to wind down its operations. However, the elimination of the assessment shall not be effective until six months from the date the referendum result is certified by the director. If the referendum fails, neither the commission nor the director will take further action on the petition.
(6) The commission is responsible for all its own costs and all the director's costs associated with the hearing, notice, and referendum process. A subsequent petition may not be filed any sooner than five years following the certification of the results of any previously held referendum conducted under this section.
[ 2018 c 22 s 8; 2016 sp.s. c 15 s 8; 2004 c 178 s 11; 2002 c 313 s 123; 1967 c 240 s 28; 1963 c 145 s 7; 1961 c 11 s 15.24.100. Prior: 1937 c 195 s 9; RRS s 2874-9.]
Notes:
Explanatory statement—2018 c 22: See note following RCW 1.20.051.
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Procedure for eliminating assessment.


title: RCW 15.24.110

text:
The assessments on fresh apples shall be paid, or provision made therefor satisfactory to the commission, at the time of shipment, and no fresh apples shall be carried, transported, or shipped by any person or by any carrier, railroad, truck, boat, or other conveyance until the assessment has been paid or provision made therefor satisfactory to the commission.
The commission shall by rule prescribe the method of collection of the assessment.
The commission may also collect assessments imposed under RCW 15.26.120, and in that event, the commission shall establish and be reimbursed by the Washington tree fruit research commission an amount representing a reasonable approximation of the actual costs to the commission of such collection.
[ 2016 sp.s. c 15 s 9; 2004 c 178 s 12; 2002 c 313 s 124; 1967 c 240 s 29; 1961 c 11 s 15.24.110. Prior: 1937 c 195 s 12; RRS s 2874-12.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Collection of assessments—Rule-making authority—Assessment imposed under RCW 15.26.120.


title: RCW 15.24.120

text:
Each dealer, handler, and processor shall keep a complete and accurate record of all apples handled, shipped, or processed by him or her. This record shall be in such form and contain such information as the commission may by rule or regulation prescribe, and shall be preserved for a period of two prior crop years, and be subject to inspection at any time upon demand of the commission or its agents.
[ 2016 sp.s. c 15 s 10; 2010 c 8 s 6021; 1961 c 11 s 15.24.120. Prior: 1937 c 195 s 10; RRS s 2874-10.]

catchline: Records kept by dealers, handlers, processors.


title: RCW 15.24.130

text:
Each dealer, handler, and processor shall at such times as the commission may by rule or regulation require, file with the commission a return under oath on forms to be furnished by the commission, stating the quantity of apples handled, shipped, or processed by him or her during the period prescribed by the commission. The return shall contain such further information as the commission may require.
[ 2010 c 8 s 6022; 1961 c 11 s 15.24.130. Prior: 1937 c 195 s 11; RRS s 2874-11.]

catchline: Returns rendered by dealers, handlers, processors.


title: RCW 15.24.140

text:
The commission may inspect the premises and records of any carrier, handler, dealer, or processor for the purpose of enforcing this chapter and the collection of the excise tax.
[ 1961 c 11 s 15.24.140. Prior: 1937 c 195 s 19; RRS s 2874-19.]

catchline: Right to inspect.


title: RCW 15.24.150

text:
The commission shall appoint a treasurer who shall file with it a fidelity bond executed by a surety company authorized to do business in this state, in favor of the commission and the state, in the penal sum of fifty thousand dollars, conditioned upon the faithful performance of his or her duties and strict accounting of all funds of the commission.
All money received by the commission, or any other state official from the assessment herein levied, shall be paid to the treasurer, deposited in such banks as the commission may designate, and disbursed by order of the commission. None of the provisions of RCW 43.01.050 shall apply to money collected under this chapter.
[ 2010 c 8 s 6023; 1961 c 11 s 15.24.150. Prior: 1937 c 195 s 6; RRS s 2874-6.]

catchline: Treasurer—Bond—Duties—Funds.


title: RCW 15.24.160

text:
To maintain and complement the existing comprehensive regulatory scheme, the commission may employ, designate as agent, act in concert with, and enter into contracts with any person, council, or commission, including but not limited to the director, state agencies such as the Washington state fruit commission and its successors, statewide horticultural associations, organizations or associations engaged in tracking the movement and marketing of horticultural products, and organizations or associations of horticultural growers, for the purpose of promoting the general welfare of the apple industry and particularly for the purpose of assisting in the sale and distribution of apples in domestic or foreign commerce, and expend its funds or such portion thereof as it may deem necessary or advisable for such purpose and for the purpose of paying its proportionate share of the cost of any program providing direct or indirect assistance to the sale and distribution of apples in domestic or foreign commerce. For such purposes it may employ and pay for legal counsel and contract and pay for other professional services. The liability of the state for the acts of the commission, or upon its contracts, shall be limited solely to the assets of the commission. In any civil or criminal action or proceeding for violation of any statute, including a rule adopted under that statute, or common law against monopolies or combinations in restraint of trade, including any action under chapter 19.86 RCW, proof that the act complained of was done in compliance with the provisions of this chapter, and in furtherance of the purposes and provisions of this chapter, is a complete defense to such an action or proceeding.
[ 2004 c 178 s 13; 2002 c 313 s 126; 1961 c 11 s 15.24.160. Prior: 1947 c 280 s 3; Rem. Supp. 1947 s 2909-3.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Promotional plans—Purpose—Authority of commission—Limitation on liability.


title: RCW 15.24.180

text:
All county and state law enforcement officers and all employees and agents of the department shall enforce this chapter.
[ 1961 c 11 s 15.24.180. Prior: 1937 c 195 s 16; RRS s 2874-16.]

catchline: Enforcement.


title: RCW 15.24.190

text:
Obligations incurred by the commission and any other liabilities or claims against the commission shall be enforced only against the assets of the commission, and, except to the extent of such assets, no liability for the debts or actions of the commission exists against either the state of Washington or any subdivision or instrumentality thereof, or against any member, employee, or agent of the commission in his or her individual capacity. Except as otherwise provided in this chapter, neither the members of the commission nor its employees may be held individually responsible for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, save for their own individual acts of dishonesty or crime. No such person or employee may be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint, and no member is liable for the default of any other member. This provision confirms that commissioners have been, and continue to be, state officers or volunteers for purposes of RCW 4.92.075 and are entitled to the defenses, indemnifications, limitations of liability, and other protections and benefits of chapter 4.92 RCW, as provided in that chapter.
[ 2004 c 178 s 14; 1987 c 393 s 4; 1961 c 11 s 15.24.190. Prior: 1937 c 195 s 7; RRS s 2874-7.]

catchline: Claims enforceable against commission assets—Nonliability of other persons and entities—Exception—Application of chapter 4.92 RCW.


title: RCW 15.24.200

text:
(1) Any person who violates or aids in the violation of any provision of this chapter is guilty of a gross misdemeanor.
(2) Any person who violates or aids in the violation of any rule or regulation of the commission is guilty of a misdemeanor.
[ 2003 c 53 s 104; 1961 c 11 s 15.24.200. Prior: 1937 c 195 s 14; RRS s 2874-14.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Penalties.


title: RCW 15.24.210

text:
Any prosecution brought under this chapter may be instituted in any county in which the defendant or any defendant resides, or in which the violation was committed, or in which the defendant or any defendant has his or her principal place of business.
The superior courts are hereby vested with jurisdiction to enforce the provisions of this chapter and the rules and regulations of the commission issued hereunder, and to prevent and restrain violations thereof.
[ 2010 c 8 s 6024; 1961 c 11 s 15.24.210. Prior: 1937 c 195 s 15; RRS s 2874-15.]

catchline: Prosecutions.


title: RCW 15.24.215

text:
The director may provide by rule for a method to fund staff support for all commodity boards and commissions in accordance with RCW 43.23.033 if a position is not directly funded by the legislature and costs related to the specific activity undertaken on behalf of an individual commodity board or commission. The commission shall provide funds to the department according to the rules adopted by the director.
[ 2002 c 313 s 72.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Funding staff support—Rules.


title: RCW 15.24.900

text:
(1) This chapter is passed:
(a) In the exercise of the police power of the state to assure, through this chapter, and other chapters, that the apple industry is highly regulated to protect the public health, to prevent fraudulent practices, to promote the welfare of the state, and to stabilize and protect the apple industry of the state as a vital and integral part of its economy for the benefit of all its citizens;
(b) Because the apple crop grown in Washington comprises one of the major agricultural crops of Washington, and that therefore the business of selling and distributing such crop and the expanding and protection of its market is of public interest;
(c) Because it is necessary and expedient to enhance the reputation of Washington apples in domestic and foreign markets;
(d) Because it is necessary to discover the health giving qualities and food and dietetic value of Washington apples, and to spread that knowledge throughout the world in order to increase the consumption of Washington apples;
(e) Because Washington grown apples are handicapped by high freight rates in competition with eastern and foreign grown apples in the markets of the world, and this disadvantage can only be overcome by education and advertising;
(f) Because the stabilizing and promotion of the apple industry, the enlarging of its markets, and the increasing of the consumption of apples are necessary to assure and increase the payment of taxes to the state and its subdivisions, to alleviate unemployment within the state, and increase wages for agricultural labor;
(g) To disseminate information giving the public full knowledge of the manner of production, the cost and expense thereof, the care taken to produce and sell only apples of the finest quality, the methods and care used in preparing for market, and the methods of sale and distribution to increase the amount secured by the grower therefor, so that they can pay higher wages and pay their taxes, and by such information to reduce the cost of distribution so that the spread between the cost to the consumer and the amount received by the grower will be reduced to the minimum absolutely necessary; and
(h) To protect the general public by educating it in reference to the various varieties and grades of Washington apples, the time to use and consume each variety, and the uses to which each variety should be put.
(2) The history, economy, culture, and future of Washington state's agricultural industry involves the apple industry. In order to develop and promote apples and apple products as part of an existing comprehensive scheme to regulate those products, the legislature declares:
(a) That it is vital to the continued economic well-being of the citizens of this state and their general welfare that its apple and apple products be properly promoted by establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standards of and for apples and apple products; and by working to stabilize the apple industry and by increasing consumption of apples and apple products within the state, nation, and internationally;
(b) That apple growers operate within a regulatory environment that imposes burdens on them for the benefit of society and the citizens of the state and includes restrictions on marketing autonomy. Those restrictions may impair the agricultural grower's ability to compete in local, domestic, and foreign markets;
(c) That it is in the overriding public interest that support for the apple industry be clearly expressed, that adequate protection be given to agricultural commodities, uses, activities, and operations, and that apples and apple products be promoted individually, as well as part of a comprehensive promotion of the agricultural industry to:
(i) Enhance the reputation and image of Washington state's agricultural industry;
(ii) Increase the sale and use of apples and apple products in local, domestic, and foreign markets;
(iii) Protect the public and consumers by correcting any false or misleading information and by educating the public in reference to the quality, care, and methods used in the production of apples and apple products, and in reference to the various sizes, grades, and varieties of apples and the uses to which each should be put;
(iv) Increase the knowledge of the health-giving qualities and dietetic value of apple products; and
(v) Support and engage in programs or activities that benefit the production, handling, processing, marketing, and uses of apples and apple products;
(d) That the apple industry is a highly regulated industry and that this chapter and the rules adopted under it are only one aspect of the regulation of the industry. Other regulations and restraints applicable to the apple industry include:
(i) Washington agriculture general provisions, chapter 15.04 RCW;
(ii) Pests and diseases, chapter 15.08 RCW;
(iii) Standards of grades and packs, chapter 15.17 RCW;
(iv) Tree fruit research, chapter 15.26 RCW;
(v) Controlled atmosphere storage, chapter 15.30 RCW;
(vi) Higher education in agriculture, chapter 28B.30 RCW;
(vii) Department of agriculture, chapter 43.23 RCW;
(viii) Fertilizers, minerals, and limes under chapter 15.54 RCW;
(ix) Organic products act under chapter 15.86 RCW;
(x) *Intrastate commerce in food, drugs, and cosmetics under chapter 69.04 RCW and rules;
(xi) Horticultural plants, Christmas trees, and facilities—Inspection and licensing under chapter 15.13 RCW;
(xii) Planting stock under chapter 15.14 RCW;
(xiii) Washington pesticide control act under chapter 15.58 RCW;
(xiv) Farm marketing under chapter 15.64 RCW;
(xv) Insect pests and plant diseases under chapter 17.24 RCW;
(xvi) Weights and measures under chapter 19.94 RCW;
(xvii) Agricultural products—Commission merchants, dealers, brokers, buyers, and agents under chapter 20.01 RCW; and
(xviii) The federal insecticide, fungicide, and rodenticide act under 7 U.S.C. Sec. 136; and
(e) That this chapter is in the exercise of the police powers of this state for the purposes of protecting the health, peace, safety, and general welfare of the people of this state.
[ 2016 sp.s. c 15 s 11; 2011 c 103 s 27; 2002 c 313 s 134; 1961 c 11 s 15.24.900. Prior: 1937 c 195 s 1; RRS s 2874-1.]
Notes:
*Reviser's note: Chapter 69.04 RCW was renamed "Intrastate commerce in drugs and cosmetics."
Purpose—2011 c 103: See note following RCW 15.26.120.
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Purpose of chapter—Regulation of apples and apple products—Existing comprehensive scheme—Applicable laws.


title: RCW 15.24.910

text:
This chapter shall be liberally construed.
[ 1961 c 11 s 15.24.910. Prior: 1937 c 195 s 17; RRS s 2874-17.]

catchline: Liberal construction.


title: RCW 15.26.010

text:
This chapter shall be known and cited as the "tree fruit research act."
[ 1969 c 129 s 1.]

catchline: Short title.


title: RCW 15.26.020

text:
The purpose of this chapter is for the creation of a commission which shall promote and carry on research and administer specific industry service programs, including but not limited to sanitation programs, which will or may benefit the planting, production, harvesting, handling, processing or shipment of tree fruit of this state, which shall collect assessments on tree fruit in this state and which shall coordinate its research efforts with those of other state, federal, or private agencies doing similar research.
[ 1983 c 281 s 1; 1969 c 129 s 2.]

catchline: Purpose.


title: RCW 15.26.030

text:
As used in this chapter, unless a different meaning is plainly required by the context:
(1) "Department" means the department of agriculture of the state of Washington.
(2) "Director" means the director of the department of agriculture or his or her duly authorized representative.
(3) "Person" means any natural persons, firm, partnership, exchange, association, trustee, receiver, corporation, and any member, officer, or employee thereof or assignee for the benefit of creditors.
(4) "Producer" means any person who owns or is engaged in the business of commercially producing tree fruit or has orchard plantings intended for commercial tree fruit production.
(5) "Sanitation program" means a program designed to eliminate pests and/or plants or trees which serve as hosts to pests or diseases of tree fruits.
[ 2010 c 8 s 6025; 1983 c 281 s 2; 1969 c 129 s 3.]

catchline: Definitions.


title: RCW 15.26.040

text:
There is hereby created the Washington tree fruit research commission, to be thus known and designated. The commission shall be composed of nine members. Three members to be appointed by the Washington state fruit commission, five members to be appointed by the Washington apple commission, and one member representing the winter pear industry to be appointed by the director. The director or his or her duly authorized representative shall be ex officio member with a vote, to represent all assessed commodities. The appointed members of the commission shall serve at the will of their respective appointers even though appointed for specific terms as set forth in RCW 15.26.070.
[ 2010 c 8 s 6026; 1969 c 129 s 4.]

catchline: Tree fruit research commission created—Membership.


title: RCW 15.26.050

text:
Nine members of the commission shall be producers who are citizens and residents of this state. Each producer member shall be over the age of twenty-five years and have been actively engaged in growing tree fruits in this state and deriving a substantial portion of his or her income therefrom, or having a substantial amount of orchard acreage devoted to tree fruit production or as an owner, lessee, partner or an employee or officer of a firm engaged in the production of tree fruit whose responsibility to such firm shall be primarily in the production of tree fruit. Such employee or officer of such firm shall be actually engaged in such duties relating to the production of tree fruit with such firm or any other such firm for a period of at least five years. The qualifications of the members of the commission set forth in this section shall continue during their term of office.
[ 2010 c 8 s 6027; 1969 c 129 s 5.]

catchline: Qualifications of members.


title: RCW 15.26.060

text:
The Washington apple commission shall appoint producer members to positions one through five on the commission. The Washington state fruit commission shall appoint producer members to positions six through eight on the commission. The director shall appoint a producer who derives a substantial portion of his or her income from the production of winter pears.
[ 2010 c 8 s 6028; 1969 c 129 s 6.]

catchline: Appointment of members.


title: RCW 15.26.070

text:
The terms of the members of commission shall be staggered and each shall serve for a term of three years and until their successor has been appointed and qualified: PROVIDED, That the first appointments to the commission beginning July 30, 1969, shall be for the following terms:
(1) Positions one, four, and seven, one year.
(2) Positions two, five, and eight, two years.
(3) Positions three, six, and nine, three years.
[ 1969 c 129 s 7.]

catchline: Terms of members.


title: RCW 15.26.080

text:
In the event a commission member resigns, is disqualified, or vacates his or her position on the commission for any other reason, the appointing agency that originally appointed such member shall within sixty days appoint a new member to fill the term of the vacated member.
[ 2010 c 8 s 6029; 1969 c 129 s 8.]

catchline: Vacancies.


title: RCW 15.26.090

text:
A majority of the members of the commission shall constitute a quorum for the transaction of all business and carrying out the duties of the commission: PROVIDED, That on all fiscal matters, approval for passage must be by at least two-thirds majority of the said quorum.
[ 1969 c 129 s 9.]

catchline: Quorum.


title: RCW 15.26.100

text:
Each member of the commission shall be compensated in accordance with RCW 43.03.230 and shall be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter. Employees of the commission may also be reimbursed for actual travel expenses when out of state on official commission business.
[ 1984 c 287 s 13; 1975-'76 2nd ex.s. c 34 s 13; 1969 c 129 s 10.]
Notes:
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: Compensation—Travel expenses.


title: RCW 15.26.110

text:
The powers of the commission shall include the following:
(1) To elect a chair, treasurer, and such other officers as it deems advisable;
(2) To adopt any rules necessary to carry out the purposes and provisions of this chapter, in conformance with the provisions of the administrative procedure act, chapter 34.05 RCW, as enacted or hereafter amended;
(3) To administer and carry out the provisions of this chapter and do all those things necessary to carry out its purposes;
(4) To employ and at its pleasure discharge a manager, secretary, agents, and employees as it deems necessary, and prescribe their duties and fix their compensation;
(5) To own, lease, or contract for any real or personal property necessary to carry out the purposes of this chapter, and transfer and convey the same;
(6) To establish offices and incur expenses and enter into contracts and to create such liabilities as may be reasonable for administration and enforcement of this chapter;
(7) Make necessary disbursements for the operation of the commission in carrying out the purposes and provisions of this chapter;
(8) To employ, subject to the approval of the attorney general, attorneys necessary, and to maintain in its own name any and all legal actions, including actions for injunction, mandatory injunctions, or civil recovery, or proceedings before administrative tribunals or other government authorities necessary to carry out the purpose of this chapter;
(9) To carry on any research which will or may benefit the planting, production, harvesting, handling, processing, or shipment of any tree fruit subject to the provisions of this chapter. To contract with any person, private or public, public agency, federal, state, or local, or enter into agreements with other states or federal agencies, to carry on such research jointly or enter into joint contracts with such states or federal agencies or other recognized private or public agencies, to carry on desired research provided for in this chapter;
(10) To appoint annually, ex officio commission members without a vote who are experts in research whether public or private in any area concerning or related to tree fruit to serve at the pleasure of the commission;
(11) To establish a foundation using commission funds as grant money for the benefit of the tree fruit industry. The foundation may use commission funds for the purposes authorized by this chapter;
(12) To enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local, to carry out the purposes provided in this chapter. Personal service contracts must comply with *chapter 39.29 RCW;
(13) To acquire or own intellectual property rights, licenses, or patents and to collect royalties resulting from commission-funded research;
(14) To engage in appropriate fund-raising activities for the purpose of supporting activities of the commission authorized by this chapter;
(15) To accept and expend or retain any gift, bequest, contribution, or grant from private persons or private and public agencies to carry out the purposes provided in this chapter; and
(16) Such other powers and duties that are necessary to carry out the purpose of this chapter.
[ 2010 c 78 s 1; 2010 c 8 s 6030; 1969 c 129 s 11.]
Notes:
Reviser's note: *(1) Chapter 39.29 RCW was repealed by 2012 c 224 s 29, effective January 1, 2013. See chapter 39.26 RCW.
(2) This section was amended by 2010 c 8 s 6030 and by 2010 c 78 s 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

catchline: Powers of commission.


title: RCW 15.26.120

text:
There is hereby levied on all commercial tree fruit produced in this state or held out as being produced in this state for fresh or processing use, an assessment, initially not to exceed ten cents per ton on all such tree fruits, except that such assessment for apples for fresh shipment shall be at the rate of one-half cent per one hundred pounds gross billing weight. Such assessment on all such commercial tree fruit shall not become effective until approved by a majority of such commercial producers of tree fruit voting in a referendum conducted jointly by the Washington apple commission, Washington state fruit commission, and the department. The respective commissions shall supply all known producers of tree fruits subject to their respective commissions with a ballot for the referendum and the department shall supply all known tree fruit producers not subject to either of the commissions with a ballot wherein all known producers may approve or disapprove such assessment. The commission may waive the payment of assessments by any class of producers of minimal amounts of tree fruit when the commission determines subsequent to a hearing that the cost of collecting and keeping records of such assessments is disproportionate to the return to the commission.
[ 2011 c 103 s 1; 1969 c 129 s 12.]
Notes:
Purpose—2011 c 103: "The purpose of this act is to make technical, nonsubstantive amendments to the sections included in this act. No substantive changes to the law are intended or implied." [ 2011 c 103 s 45.]
Collection by the Washington apple commission: RCW 15.24.110.

catchline: Assessments levied—Referendum.


title: RCW 15.26.125

text:
The Washington tree fruit research commission may raise the assessment on cherries in excess of the fiscal growth factor under chapter 43.135 RCW from the assessment of two dollars per ton in effect under chapter 16-560 WAC on July 1, 1995, to four dollars per ton. The commission may also establish an additional assessment on all tree fruits under RCW 15.26.155 of not more than eight cents per ton.
The assessment limits established by this section are set solely to provide prior legislative authority for the purposes of RCW 43.135.055 and may not be construed as providing a limitation on the authority of the tree fruit research commission to alter assessments in any manner not limited by RCW 43.135.055. However, any alteration in assessments made under the authority of this section shall be made in compliance with the procedural requirements established by this chapter for altering or amending such assessments.
[ 1995 c 109 s 2.]
Notes:
Effective date—1995 c 109: "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 shall take effect July 1, 1995." [ 1995 c 109 s 3.]

catchline: Assessment on cherries in excess of the fiscal growth factor under chapter 43.135 RCW—Washington tree fruit research commission.


title: RCW 15.26.130

text:
The Washington apple commission and the Washington state fruit commission shall supply the director with a list of known producers subject to paying assessments to the respective commissions. The director, in addition, shall at the commission's cost compile a list of known tree fruit producers producing fruit not subject to assessments of the Washington apple commission and the Washington state fruit commission but subject to assessments or becoming subject to assessments under the provisions of this chapter. In compiling such list the director shall publish notice to producers of such tree fruit, requiring them to file with the director a report giving the producer's name, mailing address and orchard location. The notice shall be published once a week for four consecutive weeks in weekly or daily newspapers of general circulation in the area or areas where such tree fruit is produced. All producer reports shall be filed with the director within twenty days from the date of last publication of notice or thirty days of mailing notice to producers of such tree fruit, whichever is later. The director shall for the purpose of conducting any referendum affecting tree fruits subject to the provisions of this chapter keep such list up-to-date when conducting such referendum. Every person who becomes a producer after the list is compiled shall file with the director a similar report, giving his or her name, mailing address and orchard location. Such list shall be final and conclusive in conducting referendums and failure to notify a producer shall not be cause for the invalidation of any referendum.
[ 2002 c 313 s 135; 1969 c 129 s 13.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: List of producers.


title: RCW 15.26.140

text:
The producers of tree fruit subject to the provisions of this chapter may subsequent to approving initial assessment increase such assessment by referendum when approved by a majority of the producers voting.
[ 1969 c 129 s 14.]

catchline: Increase in assessments by referendum.


title: RCW 15.26.150

text:
The producers of any specific tree fruit subject to the provisions of this chapter may at any time by referendum conducted by the department and approved by a majority of the producers voting of such specific tree fruit establish an additional assessment on such specific tree fruit for special research projects of special interest to such specific tree fruit.
[ 1969 c 129 s 15.]

catchline: Additional assessments for special projects.


title: RCW 15.26.155

text:
The producers of tree fruit subject to the provisions of this chapter may at any time, by referendum conducted by the department and approved by a majority of the producers voting, establish an additional assessment for programs including but not limited to sanitation programs and the reregistration of plant protection products for use on minor crops. The members of the commission may, subject to approval by two-thirds of the voting members of the commission, suspend all or part of the assessments on tree fruit under this section.
[ 1991 c 257 s 2; 1983 c 281 s 3.]

catchline: Additional assessment.


title: RCW 15.26.160

text:
The members of the commission may, subject to approval by two-thirds of the voting members of the commission, suspend for a period not exceeding one crop year at a time all or part of the assessments on tree fruit subject to the provisions of this chapter.
[ 1969 c 129 s 16.]

catchline: Suspension of assessments.


title: RCW 15.26.170

text:
Such assessments will be due from the producers. No person shall purchase, or receive for sale, or shipment out of state any tree fruits subject to the provisions of this chapter until he or she has received proof that the assessment due and payable the commission has been paid.
[ 2010 c 8 s 6031; 1969 c 129 s 17.]

catchline: Payment of assessments required before purchase, receipt or shipment of fruit.


title: RCW 15.26.180

text:
Any person receiving commercial tree fruits from any producer thereof or any producer of tree fruit who prepared or processed his or her own tree fruit for sale, or shipment for sale shall keep complete and accurate records of all such tree fruit. Such records shall meet the requirements of rules or regulations prescribed by the commission and shall be kept for two years subject to inspection by duly authorized representatives of the commission.
[ 2010 c 8 s 6032; 1969 c 129 s 18.]

catchline: Records of persons receiving fruit.


title: RCW 15.26.190

text:
Every dealer, handler, and processor shall at such times as the commission may by rule or regulation require, file with the commission a return under oath on forms to be prescribed and furnished by the commission, stating the quantity of tree fruit, subject to the provisions of this chapter, handled, shipped, or processed by him or her during the period or periods of time prescribed by the commission. Such return shall contain such further information as may be necessary to carry out the objects and purposes of this chapter.
[ 2010 c 8 s 6033; 1969 c 129 s 19.]

catchline: Return of dealers, handlers, and processors—Filing—Contents.


title: RCW 15.26.200

text:
Such assessments on tree fruits shall be due and payable by the producer thereof by the end of the next business day that such tree fruits are sold or shipped for sale unless such time is extended as provided for in RCW 15.26.210 by rule or regulation of the commission. The commission may by rule or regulation provide that such assessments shall be collected from the producer and remitted by the person purchasing, or receiving such tree fruit for sale, processing, or shipment anywhere.
[ 1969 c 129 s 20.]

catchline: Assessments—When due and payable—Collection.


title: RCW 15.26.210

text:
Any due and payable assessments herein levied shall constitute a personal debt of every person so assessed or who otherwise owes the same and shall be due and payable as provided for in RCW 15.26.200, unless the commission by rules or regulations provides for payment to be made not later than thirty days after the time set forth in RCW 15.26.200: PROVIDED, That such extension of time shall not apply to any person who is in arrears in his or her payments to the commission.
[ 2010 c 8 s 6034; 1969 c 129 s 21.]

catchline: Assessments—Constitute personal debt.


title: RCW 15.26.220

text:
In the event any person fails to pay the full amount of such assessment or such other sum on or before the due date, the commission may add to such unpaid assessment or sum an amount not more than ten percent but not less than one dollar of the same to defray the cost of enforcing the collection of such assessment, together with interest on the unpaid balance of one percent per month commencing the first month following the month in which payment was due. In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the commission may bring a civil action against such person or persons in a state court of competent jurisdiction for the collection thereof, together with the interest and the above specified ten percent thereon, and such reasonable attorneys' fees as may be allowed by the court, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.
[ 1969 c 129 s 22.]

catchline: Assessments—Failure to pay—Collection.


title: RCW 15.26.230

text:
All money collected under the authority of this chapter shall be paid to the treasurer of the commission, and be deposited by him or her in banks designated by the commission, and disbursed on the order of the commission. The treasurer shall file with the commission a fidelity bond, executed by a surety company authorized to do business in this state, in favor of the state and the commission, jointly and severally, in a sum to be fixed by the commission, but not less than twenty-five thousand dollars, and conditioned upon his or her faithful performance of his or her duties and his or her strict accounting of all funds of the commission. RCW 43.01.050 shall not apply to money collected under this chapter.
[ 2010 c 8 s 6035; 1969 c 129 s 23.]

catchline: Disposition of moneys collected—Treasurer's bond.


title: RCW 15.26.235

text:
Funds collected and expenditures made for specific industry service programs shall be collected, administered, and dispersed [disbursed] separately from all other funds authorized and collected for research by the commission. The commission may appoint a committee to advise them regarding the need for specific industry service programs and regarding the administration of the assessments collected under RCW 15.26.155.
[ 1983 c 281 s 4.]

catchline: Collection, administration, and disbursal of funds for industry service programs.


title: RCW 15.26.240

text:
Obligations incurred by the commission shall be enforced only against the assets of the commission in the same manner as if it were a corporation and no liability for the debts or acts of the commission shall exist against either the state of Washington, or against any member, officer, employee, or agent of the commission in his or her individual capacity. The members of the commission including employees of the commission, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes or other acts, either of commission or omission as principal, agent, person or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall not be several and joint and no member shall be liable for the default of any other member.
[ 2010 c 8 s 6036; 1969 c 129 s 24.]

catchline: Nonliability of state, members, employees.


title: RCW 15.26.250

text:
The Washington apple commission and Washington state fruit commission in order to avoid unnecessary duplication of costs and efforts in collecting assessments for tree fruits at the time said commissions collect assessments due under the provisions of their acts may also collect the assessment due the commission on such tree fruit. Such assessments on winter pears may be collected by the Washington state fruit commission or in a manner prescribed by the commission. Assessments collected for the commission by the Washington apple commission and the Washington state fruit commission shall be forwarded to the commissions expeditiously. No fee shall be charged the commission for the collection of assessments because the research conducted by the commission shall be of direct benefit to all commercial growers of tree fruits in the state of Washington. However, the commission shall reimburse at actual cost to the department or the Washington state fruit commission or apple commission any assessment collected for the commission by such agencies for any tree fruit subject to the provisions of this chapter, but not subject to pay assessments to the Washington state fruit commission or the Washington apple commission.
[ 2002 c 313 s 136; 1969 c 129 s 25.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Collection of assessments for commission by apple commission and state fruit commission.


title: RCW 15.26.260

text:
All legal costs and expenses that may be incurred in the collection of delinquent accounts owed this commission shall be borne by the commission; except as provided for otherwise in RCW 15.26.220.
[ 1969 c 129 s 26.]

catchline: Legal costs and expenses to be borne by commission.


title: RCW 15.26.265

text:
The director may provide by rule for a method to fund staff support for all commodity boards and commissions in accordance with RCW 43.23.033 if a position is not directly funded by the legislature and costs related to the specific activity undertaken on behalf of an individual commodity board or commission. The commission shall provide funds to the department according to the rules adopted by the director.
[ 2002 c 313 s 73.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Funding staff support—Rules.


title: RCW 15.26.270

text:
Copies of the commission's proceedings, records, and acts when certified by the secretary and authenticated by the commission's seal shall be admissible in all courts as prima facie evidence of the truth of all statements therein.
[ 1969 c 129 s 27.]

catchline: Copies of commission's proceedings, records, acts as evidence.


title: RCW 15.26.280

text:
All moneys collected by the commission under the provisions of this chapter shall be retained by the commission for the purpose of carrying out the purpose and provisions of this chapter. The commission may accept and retain any moneys from private persons or private or public agencies to carry out the purposes and provisions of this chapter.
[ 1969 c 129 s 28.]

catchline: Moneys collected retained by commission.


title: RCW 15.26.290

text:
The commission may enter into agreement or contract with any private person or any private or public agency whether federal, state or local in order to carry out the purposes and provisions of this chapter.
[ 1969 c 129 s 29.]

catchline: Contracts with public or private agencies to carry out chapter.


title: RCW 15.26.295

text:
(1) Under RCW 42.56.380, certain agricultural business records, commission records, and department of agriculture records relating to the commission and producers of agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records submitted to either the department or the commission for the purpose of administering this chapter may be shared between the department and the commission. They may also be used, if required, in any suit or administrative hearing involving any provision of this chapter or a marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of persons subject to this chapter as long as the statements do not identify the information furnished by any person; or
(b) The publication by the director or the commission of the name of any person violating this chapter and a statement of the manner of the violation by that person.
[ 2005 c 274 s 212; 2002 c 313 s 67.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Certain records exempt from public disclosure—Exceptions—Actions not prohibited by chapter.


title: RCW 15.26.300

text:
(1) Except as provided in subsection (2) of this section, any person violating any provision of this chapter or any rule or regulation adopted hereunder is guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a previous conviction shall be considered a first offense.
[ 2003 c 53 s 105; 1969 c 129 s 30.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Violations—Penalty.


title: RCW 15.26.900

text:
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1969 c 129 s 32.]

catchline: Chapter cumulative.


title: RCW 15.28.010

text:
As used in this chapter:
(1) "Commission" means the Washington state fruit commission.
(2) "Shipment" or "shipped" includes loading in a conveyance to be transported to market for resale, and includes delivery to a processor or processing plant, but does not include movement from the orchard where grown to a packing or storage plant within this state for fresh shipment;
(3) "Handler" means any person who ships or initiates the shipping operation, whether as owner, agent or otherwise;
(4) "Dealer" means any person who handles, ships, buys, or sells soft tree fruits other than those grown by him or her, or who acts as sales or purchasing agent, broker, or factor of soft tree fruits;
(5) "Processor" or "processing plant" includes every person or plant receiving soft tree fruits for the purpose of drying, dehydrating, canning, pressing, powdering, extracting, cooking, quick-freezing, brining, or for use in manufacturing a product;
(6) "Soft tree fruits" mean Bartlett pears and all varieties of cherries, apricots, prunes, plums, and peaches, which includes all varieties of nectarines. "Bartlett pears" means and includes all standard Bartlett pears and all varieties, strains, subvarieties, and sport varieties of Bartlett pears including Red Bartlett pears, that are harvested and utilized at approximately the same time and approximately in the same manner.
(7) "Commercial fruit" or "commercial grade" means soft tree fruits meeting the requirements of any established or recognized fresh fruit or processing grade. Fruit bought or sold on orchard run basis and not subject to cull weighback shall be deemed to be "commercial fruit."
(8) "Cull grade" means fruit of lower than commercial grade except when such fruit included with commercial fruit does not exceed the permissible tolerance permitted in a commercial grade;
(9) "Producer" means any person who is a grower of any soft tree fruit;
(10) "District No. 1" or "first district" includes the counties of Chelan, Okanogan, Grant, Douglas, Ferry, Stevens, Pend Oreille, Spokane and Lincoln;
(11) "District No. 2" or "second district" includes the counties of Kittitas, Yakima, and Benton county north of the Yakima river;
(12) "District No. 3" or "third district" comprises all of the state not included in the first and second districts;
(13) "Mail" or "send" for purposes of any notice relating to rule making, referenda, or elections means regular mail or electronic distribution, as provided in RCW 34.05.260 for rule making. "Electronic distribution" or "electronically" means distribution by electronic mail or facsimile mail;
(14) "Department" means the department of agriculture;
(15) "Director" means the director of agriculture.
[ 2002 c 313 s 104; 1989 c 354 s 27; 1973 c 11 s 1; 1963 c 51 s 1; 1961 c 11 s 15.28.010. Prior: 1955 c 47 s 1; 1947 c 73 s 1; Rem. Supp. 1947 s 2909-10.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1989 c 354: See note following RCW 15.36.012.

catchline: Definitions.


title: RCW 15.28.015

text:
The history, economy, culture, and the future of Washington state's agriculture involves the production of soft tree fruits. In order to develop and promote Washington's soft tree fruits as part of an existing comprehensive regulatory scheme the legislature declares:
(1) That the Washington state fruit commission is created;
(2) That it is vital to the continued economic well-being of the citizens of this state and their general welfare that its soft tree fruits be properly promoted by (a) enabling the soft tree fruit industry to help themselves in establishing orderly, fair, sound, efficient, and unhampered cooperative marketing, grading, and standardizing of soft tree fruits they produce; and (b) working to stabilize the soft tree fruit industry by increasing consumption of soft tree fruits within the state, the nation, and internationally;
(3) That producers of soft tree fruits operate within a regulatory environment that imposes burdens on them for the benefit of society and the citizens of the state and includes restrictions on marketing autonomy. Those restrictions may impair the producers of soft tree fruits in their ability to compete in local, domestic, and foreign markets;
(4) That it is in the overriding public interest that support for the soft tree fruit industry be clearly expressed, that adequate protection be given to agricultural commodities, uses, activities, and operations, and that soft tree fruits be promoted individually, and as part of a comprehensive industry to:
(a) Enhance the reputation and image of Washington state's agriculture industry;
(b) Increase the sale and use of Washington state's soft tree fruits in local, domestic, and foreign markets;
(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production of Washington state's soft tree fruits;
(d) Increase the knowledge of the health-giving qualities and dietetic value of soft tree fruits;
(e) Support and engage in cooperative programs or activities that benefit the production, handling, processing, marketing, and uses of soft tree fruits produced in Washington state;
(5) That this chapter is enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state and to stabilize and protect the soft tree fruit industry of the state; and
(6) That the production and marketing of soft tree fruit is a highly regulated industry and that the provisions of this chapter and the rules adopted under it are only one aspect of the regulated industry. Other regulations and restraints applicable to the soft tree fruit industry include:
(a) The federal marketing order under 7 C.F.R. Part 922 (apricots);
(b) The federal marketing order under 7 C.F.R. Part 923 (sweet cherries);
(c) The federal marketing order under 7 C.F.R. Part 924 (prunes);
(d) The federal marketing order under 7 C.F.R. Part 930 (tart cherries);
(e) The federal marketing order under 7 C.F.R. Part 931 (Bartlett pears);
(f) Tree fruit research act under chapter 15.26 RCW;
(g) Controlled atmosphere storage of fruits and vegetables under chapter 15.30 RCW;
(h) Organic products act under chapter 15.86 RCW;
(i) The food safety and security act under chapter 15.130 RCW;
(j) Washington food processing act under chapter 69.07 RCW;
(k) Washington food storage warehouses act under chapter 69.10 RCW;
(l) Weighmasters under chapter 15.80 RCW;
(m) Horticultural pests and diseases under chapter 15.08 RCW;
(n) Horticultural plants, Christmas trees, and facilities—Inspection and licensing under chapter 15.13 RCW;
(o) Planting stock under chapter 15.14 RCW;
(p) Standards of grades and packs under chapter 15.17 RCW;
(q) Washington pesticide control act under chapter 15.58 RCW;
(r) Farm marketing under chapter 15.64 RCW;
(s) Insect pests and plant diseases under chapter 17.24 RCW;
(t) Weights and measures under chapter 19.94 RCW;
(u) Agricultural products—Commission merchants, dealers, brokers, buyers, and agents under chapter 20.01 RCW; and
(v) Rules under the Washington Administrative Code, Title 16.
[ 2018 c 236 s 701; 2011 c 103 s 28; 2002 c 313 s 103.]
Notes:
Purpose—2011 c 103: See note following RCW 15.26.120.
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Regulating soft tree fruits—Commission created—Existing comprehensive scheme—Applicable laws.


title: RCW 15.28.020

text:
The commission is composed of seventeen voting members, as follows: Ten producers, four dealers, and two processors, who are appointed as provided in this chapter. The director, or an authorized representative, shall be a voting member of the commission. Other sections of this chapter that relate to the selection of voting members shall not apply to the director or his or her authorized representative.
A majority of the voting members constitute a quorum for the transaction of any business.
[ 2003 c 396 s 13; 2002 c 313 s 105; 1967 c 191 s 1; 1961 c 11 s 15.28.020. Prior: (i) 1947 c 73 s 2; Rem. Supp. 1947 s 2901-11. (ii) 1947 c 73 s 9; Rem. Supp. 1947 s 2909-18. (iii) 1947 c 73 s 13, part; Rem. Supp. 1947 s 2909-22, part.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
Effective date—1967 c 191: "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 immediately: PROVIDED, That section 5 of this 1967 amendatory act shall not take effect until July 1, 1968." [ 1967 c 191 s 9.]

catchline: Commission composition—Voting—Quorum.


title: RCW 15.28.023

text:
(1) The director shall appoint the members of the commission.
(2) Candidates for positions on the commission shall be nominated under RCW 15.28.060.
(3) Not less than sixty days nor more than seventy-five days prior to the commencement of a commission member's term, the director shall cause an advisory vote to be held for the director-appointed positions. Advisory ballots shall be mailed to all affected producers and shall be returned to the director not less than thirty days prior to the commencement of the term. The advisory ballot shall be conducted in a manner so that it is a secret ballot. The names of the two candidates receiving the most votes in the advisory vote shall be forwarded to the director for potential appointment to the commission. In the event there are only two candidates nominated for a position, an advisory vote may not be held and the candidates' names shall be forwarded to the director for potential appointment. If only one candidate is nominated for a position, the commission shall select a second candidate whose name will be forwarded to the director.
(4) Any candidate whose name is forwarded to the director for potential appointment shall submit to the director a letter stating why he or she wishes to be appointed to the commission. The director may select either person for the position.
[ 2003 c 396 s 16.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

catchline: Director appoints members—Nominations—Advisory vote.


title: RCW 15.28.024

text:
To accomplish the transition to a commission structure where the director appoints a majority of commission members, the names of the currently elected commission members shall be forwarded to the director for appointment to the commission within thirty days of May 20, 2003. Thereafter, the director shall appoint commission members pursuant to RCW 15.28.023 as the current commission member terms expire.
[ 2003 c 396 s 17.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

catchline: Transition to director appointed commission.


title: RCW 15.28.030

text:
All voting members must be citizens and residents of this state. Each producer member must be over the age of twenty-five years, and be, and for five years have been, actively engaged in growing soft tree fruits in this state, and deriving a substantial portion of his or her income therefrom, or have a substantial amount of orchard acreage devoted to soft tree fruit production as an owner, lessee, partner, or a stockholder owning at least ten percent of the voting stock in a corporation engaged in the production of soft tree fruit. He or she cannot be engaged directly in business as a dealer. Each dealer member must be actively engaged, either individually or as an executive officer, employee or sales manager on a management level, or managing agent of an organization, as a dealer. Each processor member must be engaged, either individually or as an executive officer, employee on a management level, sales manager, or managing agent of an organization, as a processor. Only one dealer member may be in the employ of any one person or organization engaged in business as a dealer. Only one processor member may be in the employ of any one person or organization engaged in business as a processor. Said qualifications must continue throughout each member's term of office.
[ 2010 c 8 s 6037; 1967 c 191 s 2; 1961 c 11 s 15.28.030. Prior: 1947 c 73 s 3; Rem. Supp. 1947 s 2909-12.]

catchline: Qualifications of voting members.


title: RCW 15.28.040

text:
Of the producer members, four shall be appointed from the first district and occupy positions one, two, three and four; four shall be appointed from the second district and occupy positions five, six, seven and eight, and two shall be appointed from the third district and occupy positions nine and ten.
Of the dealer members, two shall be appointed from each of the first and second districts and respectively occupy positions eleven and twelve from the first district and positions thirteen and fourteen from the second district.
The processor members shall be appointed from the state at large and occupy positions fifteen and sixteen. The dealer member position previously referred to as position twelve shall henceforth be position thirteen. The processor member position heretofore referred to as position fourteen shall cease to exist on March 21, 1967. The processor member position heretofore referred to as thirteen shall be known as position sixteen.
[ 2003 c 396 s 14; 1967 c 191 s 3; 1961 c 11 s 15.28.040. Prior: 1947 c 73 s 4; Rem. Supp. 1947 s 2909-13.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

catchline: Appointment of voting members—Positions.


title: RCW 15.28.050

text:
The regular term of office of the members of the commission shall be three years commencing on May 1, following the date of appointment and until their successors are appointed and qualified, except, however, that the first term of dealer position twelve in the first district shall be for two years and expire May 1, 1969.
[ 2003 c 396 s 15; 1967 c 191 s 4; 1961 c 11 s 15.28.050. Prior: 1947 c 73 s 5; Rem. Supp. 1947 s 2909-14.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

catchline: Terms of office.


title: RCW 15.28.055

text:
Present members of the state fruit commission as provided for in RCW 15.28.020 shall serve until the first day of May of the year in which their terms would ordinarily expire and until their successors are elected and qualified.
[ 1967 c 191 s 8.]

catchline: Terms of present members.


title: RCW 15.28.060

text:
The director shall call meetings at times and places concurred upon by the director and the commission for the purpose of nominating producer, dealer or processor members for potential appointment to the commission when such members' terms are about to expire. Notice of such meetings shall be given at least sixty days prior to the time the respective members' term is about to expire. The nominating meetings shall be held at least sixty days prior to the expiration of the respective members' term of office.
Notice shall be given by the commission by mail to all known persons having a right to vote for such respective nominee's potential appointment to the commission.
Further, the commission shall publish notice at least once in a newspaper of general circulation in the district where the nomination is to be held. Such a newspaper may be published daily or weekly. The failure of any person entitled to receive notice of such nominating meeting shall not invalidate such nominating meeting or the appointment of a member nominated at such meeting.
Any person qualified to serve on the commission may be nominated orally at the nomination meetings. Written nominations, signed by five persons qualified to vote for the said nominee, may be made for five days subsequent to the nomination meeting. Such written nominations shall be filed with the commission at its Yakima office.
The director shall cause an advisory vote to be held for commission positions. The advisory vote shall be by secret mail ballot. Persons qualified to vote for members of the commission shall, except as otherwise provided by law or rule or regulation of the commission, vote only in the district in which their activities make them eligible to vote for a potential member of the commission.
A producer to be eligible to vote in the advisory vote for a nominee as a producer member of the commission must be a commercial producer of soft tree fruits paying assessments to the commission.
When a legal entity acting as a producer, dealer, or processor is qualified to vote for a candidate in any district or area to serve in a specified position on the commission, such legal entity may cast only one vote for such candidate, regardless of the number of persons comprising such legal entity or stockholders owning stock therein.
[ 2003 c 396 s 18; 1967 c 191 s 6; 1963 c 51 s 2; 1961 c 11 s 15.28.060. Prior: 1947 c 73 s 6; Rem. Supp. 1947 s 2909-15.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

catchline: Nominating meetings—Notice—Appointment—Ballots—Advisory vote—Eligible voters.


title: RCW 15.28.070

text:
The commission shall have the authority, subject to the provisions of chapter 34.05 RCW (Administrative Procedure Act), for adopting rules and regulations, after public hearing, establishing one or more subdistricts in any one of the three districts. Such subdistricts shall include a substantial portion of the soft tree fruit producing area in the district in which they are formed.
The commission shall, when a subdistrict has been formed within one of the districts as in this section provided for, assign one of the districts' producer positions on the commission to said subdistrict. Such producer position may only be filled by a producer residing in such subdistrict, whether by apportionment or appointment.
[ 2003 c 396 s 19; 1967 c 191 s 7; 1961 c 11 s 15.28.070. Prior: 1947 c 73 s 7; Rem. Supp. 1947 s 2909-16.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

catchline: Establishment of subdistricts—Rules and regulations.


title: RCW 15.28.080

text:
In the event a position becomes vacant due to resignation, disqualification, death, or for any other reason, such position, until the next annual nominating meeting, shall be filled by vote of the remaining members of the commission. Following the next annual nomination meeting, the director shall appoint one of the two nominees selected by advisory ballot to fill the balance of the unexpired term.
[ 2003 c 396 s 20; 1961 c 11 s 15.28.080. Prior: 1947 c 73 s 8; Rem. Supp. 1947 s 2909-17.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

catchline: Vacancies on commission—How filled.


title: RCW 15.28.090

text:
Each member of the commission shall be compensated in accordance with RCW 43.03.230 and shall be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter. Employees of the commission may also be reimbursed for actual travel expenses when out of state on official commission business.
[ 1984 c 287 s 14; 1975-'76 2nd ex.s. c 34 s 14; 1967 c 191 s 5; 1961 c 11 s 15.28.090. Prior: 1947 c 73 s 10; Rem. Supp. 1947 s 2909-19.]
Notes:
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Effective date—1967 c 191: See note following RCW 15.28.020.

catchline: Compensation of members—Travel expenses.


title: RCW 15.28.100

text:
The Washington state fruit commission is hereby declared and created a corporate body. The commission has power:
(1) To exercise all of the powers of a corporation;
(2) To elect a chair and such other officers as it may deem advisable;
(3) To adopt, amend, or repeal, from time to time, necessary and proper rules, regulations, and orders for the performance of its duties, which rules, regulations, and orders shall have the force of laws when not inconsistent with existing laws;
(4) To employ, and at its pleasure discharge, such attorneys, advertising manager, agents or agencies, clerks and employees, as it deems necessary and fix their compensation;
(5) To establish offices, and incur such expenses, enter into such contracts, and create such liabilities, as it deems reasonably necessary for the proper administration of this chapter;
(6) To accept contributions of, or match private, state, or federal funds available for research, and make contributions to persons or state or federal agencies conducting such research;
(7) To administer and enforce this chapter, and do and perform all acts and exercise all powers deemed reasonably necessary, proper, or advisable to effectuate the purposes of this chapter, and to perpetuate and promote the general welfare of the soft tree fruit industry of this state;
(8) To sue and be sued.
[ 2010 c 8 s 6038; 1961 c 11 s 15.28.100. Prior: (i) 1947 c 73 s 13, part; Rem. Supp. 1947 s 2909-22, part. (ii) 1947 c 73 s 15, part; Rem. Supp. 1947 s 2909-24, part. (iii) 1947 c 73 s 17, part; Rem. Supp. 1947 s 2909-26, part.]

catchline: Powers of commission.


title: RCW 15.28.103

text:
(1) The commission shall develop and submit to the director for approval any plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising and promotion of the affected commodities; and
(b) The establishment and effectuation of market research projects, market development projects, or both to the end that the marketing and utilization of the affected commodities may be encouraged, expanded, improved, or made more efficient.
(2) The director shall review the commission's advertising or promotion program to ensure that no false claims are being made concerning the affected commodities.
(3) The commission, prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its research plan, its commodity-related education and training plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a timely manner.
[ 2003 c 396 s 21.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

catchline: Commission's plans, programs, and projects—Director's approval required.


title: RCW 15.28.105

text:
The commission exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges the commission, with oversight by the director, to speak on behalf of Washington state government with regard to its particular commodities.
[ 2003 c 396 s 22.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

catchline: Commission speaks for state—Director's oversight.


title: RCW 15.28.110

text:
The commission's duties are:
(1) To adopt a commission seal;
(2) To elect a secretary-manager and a treasurer, and fix their compensation. The same person may be elected to both offices;
(3) To establish classifications of soft tree fruits;
(4) To conduct scientific research and develop the healthful, therapeutic, and dietetic value of fruits, and promote the general welfare of the soft tree fruit industry of the state;
(5) To conduct a comprehensive advertising and educational campaign to effectuate the objects of this chapter;
(6) To increase the production, and develop and expand the markets, and improve the handling and quality of fruits;
(7) To keep accurate accounts and records of all of its dealings, which shall be open to inspection and audit by the state auditor;
(8) To investigate and prosecute violations of this chapter; and
(9) To serve as an advisory committee to the director with regard to the adoption and enforcement of rules:
(a) Governing the grading, packing, and size and dimensions of commercial containers of soft tree fruits; and
(b) Fixing commercial grades of soft tree fruits and the issuance of certificates of inspection for those fruits.
[ 2002 c 313 s 106; 1961 c 11 s 15.28.110. Prior: (i) 1947 c 73 s 13, part; Rem. Supp. 1947 s 2909-22, part. (ii) 1947 c 73 s 14; Rem. Supp. 1947 s 2909-23. (iii) 1947 c 73 s 15, part; Rem. Supp. 1947 s 2909-24, part. (iv) 1947 c 73 s 17, part; Rem. Supp. 1947 s 2909-26, part.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Duties of commission.


title: RCW 15.28.120

text:
Copies of the commission's proceedings, records, and acts, when certified by the secretary and authenticated by the corporate seal, shall be admissible in all courts as prima facie evidence of the truth of all statements therein.
[ 1961 c 11 s 15.28.120. Prior: 1947 c 73 s 13, part; Rem. Supp. 1947 s 2909-22, part.]

catchline: Copies of records as evidence.


title: RCW 15.28.130

text:
Neither the state, nor any member, agent, or employee of the commission, is liable for the acts of the commission, or upon its contracts.
All salaries, expenses, costs, obligations, and liabilities of the commission, and claims arising from the administration of this chapter, are payable only from funds collected under this chapter.
In any civil or criminal action or proceeding for violation of any rule of [or] statutory or common law against monopolies or combinations in restraint of trade, including any action under chapter 19.86 RCW, proof that the act complained of was done in compliance with the provisions of this chapter, and in furtherance of the purposes and provisions of this chapter, is a complete defense to such an action or proceeding.
[ 2002 c 313 s 107; 1961 c 11 s 15.28.130. Prior: 1947 c 73 s 16; Rem. Supp. 1947 s 2909-25.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: State, personal, nonliability—Obligations limited by collections—Defense to certain civil or criminal actions.


title: RCW 15.28.140

text:
There shall be separate district advisory committees and separate state commodity committees for each of the following soft tree fruits, to wit: Bartlett pears, peaches, apricots, prunes and plums, and cherries. The growers, dealers, or processors of each of the soft tree fruits, at their respective annual district meetings may elect separate district advisory committees for each of the soft tree fruits grown, handled, or processed in their respective districts. The district advisory committee shall consist of five members comprising three growers, one dealer and one processor of the respective soft tree fruit groups. Each state commodity committee shall consist of two members from, and selected by, each district advisory committee for each soft fruit.
[ 1961 c 11 s 15.28.140. Prior: 1947 c 73 s 11; Rem. Supp. 1947 s 2909-20.]

catchline: District advisory and state commodity committees.


title: RCW 15.28.150

text:
Each district advisory committee and each state commodity committee shall select one of its members as chair. Meetings may be called by the chair or by any two members of any committee by giving reasonable written notice of the meeting to each member of such committee. A majority of the members shall be necessary to constitute a quorum. The district advisory committees and state commodity committees shall consult with and advise the commission on matters pertaining to the soft tree fruits which they respectively represent, and the commission shall give due consideration to their recommendations. Any grower, dealer, or processor, if qualified, may be a member of more than one committee.
[ 2010 c 8 s 6039; 1961 c 11 s 15.28.150. Prior: 1947 c 73 s 12; Rem. Supp. 1947 s 2909-21.]

catchline: Committee organization—Duties.