title: RCW 16.67.091

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 its affected commodities;
(b) The establishment, effectuation, and administration of research, education, and programs related to health and safety of cattle, beef, and beef products; and
(c) The establishment and effectuation of market research projects, market development projects, or industry specific educational projects to the end that the marketing and utilization of its 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 its 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 review and make a determination of all submissions described in this section in a timely manner.
[ 2017 c 256 s 3; 2003 c 396 s 34.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

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


doc_type: statute

jurisdiction: wa

title: RCW 16.67.093

text:
The commission has the power to subpoena witnesses and to issue subpoenas for the production of any books, records, or documents of any kind for the purpose of enforcing this chapter.
[ 2002 c 313 s 85.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Subpoenas.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 16.67.095

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 35.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

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


title: RCW 16.67.097

text:
(1) The commission shall reimburse the director for necessary costs for services conducted on behalf of the commission under this chapter.
(2) The commission may enter into an agreement with the director to administer this chapter or chapter 34.05 RCW.
[ 2002 c 313 s 86.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Reimbursement for costs.


title: RCW 16.67.100

text:
The commission shall hold regular meetings, at least quarterly, with the time and date thereof to be fixed by resolution of the commission.
The commission shall hold an annual meeting. The proposed budget shall be presented for discussion at the meeting. Notice of the annual meeting shall be given by the commission at least ten days prior to the meeting by public notice of such meeting published in newspapers of general circulation in the state of Washington, by radio and press releases and through trade publications.
The commission shall establish by resolution, the time, place and manner of calling special meetings of the commission with reasonable notice to the members: PROVIDED, That, the notice of any special meeting may be waived by a waiver thereof by each member of the commission.
[ 2000 c 146 s 3; 1969 c 133 s 9.]

catchline: Meetings—Notice.


title: RCW 16.67.110

text:
The commission shall provide for programs designed to support sustainable stewardship of cattle and the environment; increase the consumption of beef; develop more efficient methods for the production, processing, handling and marketing of beef; eliminate transportation rate inequalities on feed grains and supplements and other production supplies adversely affecting Washington producers; properly identify beef and beef products for consumers as to quality and origin. For these purposes the commission may:
(1) Provide for programs for advertising, sales promotion and education, locally, nationally or internationally, for maintaining present markets and/or creating new or larger markets for beef. Such programs shall be directed toward increasing the sale of beef and shall neither make use of false or unwarranted claims in behalf of beef nor disparage the quality, value, sale or use of any other agricultural commodity;
(2) Provide for research: (a) To develop and discover the health, food, therapeutic, and dietetic value of beef and beef products; and (b) to develop materials, education, and programs related to health and safety of beef and beef products and the sustainable stewardship of cattle and the environment;
(3) Make grants to research agencies for financing studies related to beef health, beef production, processing, handling, and marketing, which may include funds for the acquisition of equipment and facilities;
(4) Disseminate reliable information founded upon the research undertaken under this chapter or otherwise available;
(5) Provide for rate studies and participate in rate hearings connected with problems of beef production, processing, handling or marketing; and
(6) Provide for proper labeling of beef and beef products so that the purchaser and the consuming public of the state will be readily apprised of the quality of the product and how and where it was processed.
[ 2017 c 256 s 4; 2000 c 146 s 4; 1969 c 133 s 10.]

catchline: Promotional programs, research, rate studies, labeling.


title: RCW 16.67.120

text:
(1) There is hereby levied an assessment of up to $2.50 per head to be implemented as prescribed in subsection (2) of this section on all Washington cattle sold in this state or elsewhere to be paid by the seller at the time of sale: PROVIDED, That if such sale is accompanied by a brand inspection by the department such an assessment may be collected at the same time, place and in the same manner as brand inspection fees. Such fees may be collected by the livestock identification program of the department and transmitted to the commission: PROVIDED FURTHER, That, if such sale is made without a brand inspection by the department the assessment shall be paid by the seller and transmitted directly to the commission by the 15th day of the month following the month the transaction occurred.
(2)(a) Beginning July 1, 2024, the assessment must be $1.50 per head. $0.50 of the $1.50 assessment levied under this subsection may not be collected at the first point of sale of any calf identified with a green tag as identified in RCW 16.57.160.
(b) Beginning January 1, 2025, the assessment must be $2.00 per head. $1.00 of the $2.00 assessment levied under this subsection may not be collected at the first point of sale of any calf identified with a green tag as identified in RCW 16.57.160.
(c) Beginning January 1, 2026, the assessment must be $2.50 per head. $1.50 of the $2.50 assessment levied under this subsection may not be collected at the first point of sale of any calf identified with a green tag as identified in RCW 16.57.160.
(3) The procedures for collecting all state and federal assessments under this chapter shall be as required by the federal order and as described by rules adopted by the commission.
(4) The commission shall hold meetings in different geographic regions of the state throughout the year, with at least two meetings held east of the crest of the Cascade mountains. Geographic regions must include the northeast, southeast, central southwest, and northwest regions of the state.
[ 2024 c 155 s 1; 2002 c 313 s 83; 2000 c 146 s 5; 1987 c 393 s 11; 1986 c 190 s 2; 1982 c 47 s 1; 1975 1st ex.s. c 93 s 1; 1969 c 133 s 11.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Levy of assessment—Collections—Federal orders—Commission meetings.


title: RCW 16.67.122

text:
In addition to the assessment authorized pursuant to RCW 16.67.120, the commission has the authority to collect an additional assessment of fifty cents per head for cattle subject to assessment by federal order for the purpose of providing funds for a national beef promotion and research program. The manner in which this assessment will be levied and collected shall be established by rule. The authority to collect this assessment shall be contingent upon the implementation of federal legislation providing for a national beef promotion and research program and the establishment of the assessment requirement to fund its activities.
[ 2002 c 313 s 84; 2000 c 146 s 6; 1986 c 190 s 1.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Additional assessment—National beef promotion and research program—Contingency.


title: RCW 16.67.123

text:
The transfer of cattle owned by a meat packer from a feed lot to a slaughterhouse for slaughter shall be deemed a sale of such cattle for the purpose of chapter 16.67 RCW. Such packer shall pay directly to the beef commission the same assessment as required of all other cattle owners selling cattle.
[ 1971 c 64 s 1.]

catchline: Transfer of cattle by meat packer as sale.


title: RCW 16.67.130

text:
Any due and payable assessment levied under the provisions of this chapter shall constitute a personal debt of every person so assessed or who otherwise owes the same and shall be due and payable on the fifteenth day of the month following the month the transaction occurred. In the event any such person fails to pay the full amount within such time, the commission shall add to such unpaid assessment an amount of ten percent of the unpaid assessment to defray the cost of collecting the same. In the event of failure of such person to pay such due and payable assessment, the commission may bring civil action against such person in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon and any other additional necessary reasonable costs including attorneys' fees. Such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.
[ 2000 c 146 s 7; 1969 c 133 s 12.]

catchline: Assessments personal debt—Delinquent charge—Civil action to collect.


title: RCW 16.67.140

text:
The commission may adopt regulations requiring the purchasers of livestock subject to the assessments under this chapter, to furnish the commission with the names of persons from whom such livestock was purchased. Refusal or failure to furnish the commission with such a list shall constitute a misdemeanor.
[ 1969 c 133 s 13.]

catchline: Livestock purchasers to provide list of sellers to commission.


title: RCW 16.67.160

text:
Obligations incurred by the commission and liabilities or claims against 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 actions of the commission shall exist against either the state of Washington or any subdivision or instrumentality thereof 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 or any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employees, 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 be several and not joint and no member shall be liable for the default of any other member.
[ 2011 c 336 s 437; 1969 c 133 s 15.]

catchline: Liability of commission's assets—Immunity of state, commission employees, etc.


title: RCW 16.67.180

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 220; 2002 c 313 s 71.]
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 16.67.190

text:
The director may provide by rule for a method to fund staff support for all commodity boards or 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 77.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Funding staff support—Rules.


title: RCW 16.67.195

text:
The costs incurred by the department associated with the implementation of RCW 16.67.091 shall be paid for by the commission.
[ 2003 c 396 s 36.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

catchline: Costs of implementing RCW 16.67.091.


title: RCW 16.67.200

text:
(1) The budget required in RCW 16.67.090(8) must set forth the complete and detailed financial program of the commission, showing the revenues and expenditures of the commission. The budget must be explanatory, describing how the funding is used to administer and implement the commission's programs and priorities, and include the reasons for salient changes from the previous fiscal period in expenditure or revenue items. The budget must explain any major changes to financial policy and contain an outline of the proposed financial policies of the commission for the ensuing fiscal period and describe performance indicators that demonstrate measurable progress toward the commission's priorities.
(2) The budget must be sufficiently detailed to provide transparency for the commission's actions on behalf of the industry.
(3) The commission must submit to the legislature, in compliance with RCW 43.01.036, a concise yet detailed report of the commission's activities and expenditures after the completion of each fiscal year. The report must include an accounting of assessments collected pursuant to RCW 16.67.120 for the previous fiscal year, including a record of the amount collected, the amount spent, and the purposes for which the funds were used.
[ 2024 c 155 s 4; 2017 c 256 s 5.]

catchline: Budget—Report to the legislature.


title: RCW 16.67.210

text:
The commission may fund, conduct, or otherwise participate in scientific research related to beef including, without limitation, to improve production, quality, transportation, processing, distribution, and environmental stewardship.
[ 2024 c 155 s 2.]

catchline: Scientific research.


title: RCW 16.67.220

text:
(1) Of the assessments levied in RCW 16.67.120, a producer or owner of cattle from whom an assessment is collected, except for assessments collected at the first point of sale of green tag calves not subject to the assessment increases provided in RCW 16.67.120(2), has the right to request a refund of not more than $1.00 per head beginning July 1, 2024, not more than $1.50 per head beginning January 1, 2025, and not more than $2.00 per head beginning January 1, 2026. Refund requests must be mailed to the commission within 90 calendar days of the assessment.
(2) The commission must process the requested refunds on a calendar quarterly basis. Any refund request that is received by the commission less than 15 days from the end of the calendar quarter must be paid at the end of the next quarter.
[ 2024 c 155 s 3.]

catchline: Assessments—Right to request a refund.


title: RCW 16.67.900

text:
This chapter shall be liberally construed.
[ 1969 c 133 s 20.]

catchline: Liberal construction—1969 c 133.


title: RCW 16.67.920

text:
This chapter is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect June 1, 1969.
[ 1969 c 133 s 21.]

catchline: Effective date—1969 c 133.


title: RCW 16.68.010

text:
For the purposes of this chapter, unless clearly indicated otherwise by the context:
(1) "Carcass" means all parts, including viscera, of a dead meat food animal;
(2) "Dead animal" means the body of a meat food animal, or any part or portion thereof: PROVIDED, That the following dead animals are exempt from the provisions of this chapter:
(a) Edible products from a licensed slaughtering establishment;
(b) Edible products where the meat food animal was slaughtered under farm slaughter permit;
(c) Edible products where the meat food animal was slaughtered by a bona fide farmer on his or her own ranch for his or her own consumption;
(d) Hides from meat food animals that are properly identified as to ownership and brands;
(3) "Director" means the director of agriculture;
(4) "Independent collector" means any person who does not own a licensed rendering plant within the state of Washington but is properly equipped and licensed to transport dead animals or packing house refuse to a specified rendering plant.
(5) "Meat food animal" means cattle, horses, mules, asses, swine, sheep, and goats;
(6) "Person" means any individual, firm, corporation, partnership, or association;
(7) "Place of transfer" means an authorized reloading site for the direct transfer of dead animals or packing house refuse from the vehicle making original pickup to the line vehicle that will transport the dead animals or packing house refuse to a specified licensed rendering plant;
(8) "Rendering plant" means any place of business or location where dead animals or any part or portion thereof, or packing house refuse, are processed for the purpose of obtaining the hide, skin, grease residue, or any other by-product whatsoever;
(9) "Substation" means a properly equipped and authorized concentration site for the temporary storage of dead animals or packing house refuse pending final delivery to a licensed rendering plant.
[ 2011 c 336 s 438; 1949 c 100 s 1; Rem. Supp. 1949 s 3142-1.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Severability—1949 c 100: "If any section or provision of this act shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the act as a whole, nor any section, sentence, phrase, or word thereof not adjudged invalid or unconstitutional." [ 1949 c 100 s 20.]

catchline: Definitions.


title: RCW 16.68.030

text:
It is unlawful for any person to sell, offer for sale, or give away a dead animal or convey the same along any public road or land not his or her own: PROVIDED, That dead animals may be sold or given away to and legally transported on highways by a person having an unrevoked, annual license to operate a rendering plant or by a person having an unrevoked, annual license to operate as an independent collector.
[ 2011 c 336 s 439; 1949 c 100 s 3; Rem. Supp. 1949 s 3142-3.]

catchline: Sale, gift, or conveyance prohibited—Exceptions.


title: RCW 16.68.040

text:
It is unlawful for any person to operate a rendering plant or act as an independent collector without first obtaining a license from the director.
[ 1949 c 100 s 4; Rem. Supp. 1949 s 3142-4.]

catchline: License required of rendering plants and independent collectors.


title: RCW 16.68.050

text:
Any person engaged in operating a rendering plant shall secure from the director an annual rendering plant license and pay an annual fee of one hundred dollars: PROVIDED, That no license shall be required to operate a rendering plant on the premises of a licensed slaughtering establishment maintaining state or federal meat inspection unless said rendering plant receives dead animals that have been transported on public highways.
[ 1949 c 100 s 5; Rem. Supp. 1949 s 3142-5.]

catchline: Rendering plant license fee.


title: RCW 16.68.060

text:
Any person engaged in the business of independent collector shall secure from the director an annual independent collector license and pay an annual fee of fifty dollars.
[ 1949 c 100 s 6; Rem. Supp. 1949 s 3142-6.]

catchline: Independent collector license fee.


title: RCW 16.68.070

text:
Any rendering plant operator or independent collector that operates substations or places of transfer shall secure from the director an annual substation license or place of transfer license and pay an annual fee of twenty-five dollars for each substation or place of transfer.
[ 1949 c 100 s 7; Rem. Supp. 1949 s 3142-7.]

catchline: Substation or places of transfer license fee.


title: RCW 16.68.080

text:
Any license or permit issued under this chapter shall expire on the thirtieth day of June next subsequent to the date of issue, and may be sooner revoked by the director or his or her authorized representative for violations of this chapter. Any licensee or permittee under this chapter shall have the right to demand a hearing before the director before a revocation is made permanent.
[ 2011 c 336 s 440; 1949 c 100 s 8; Rem. Supp. 1949 s 3142-8.]

catchline: Expiration of license—Revocation.


title: RCW 16.68.090

text:
Any person applying for a license to operate a rendering plant and/or substation and/or place of transfer, or to act as an independent collector shall make application on forms furnished by the director. Said application shall give all information required by the director and shall be accompanied by the required license fee.
[ 1949 c 100 s 9; Rem. Supp. 1949 s 3142-9.]

catchline: Applications for license.


title: RCW 16.68.100

text:
If the director finds that the locations, buildings, substations equipment, vehicles, places of transfer, or proposed method of operation do not fully comply with the requirements of this chapter, he or she shall notify the applicant by registered letter wherein the same fails to comply. If the applicant whose plant or operation failed to comply notifies the director within ten days from the receipt of the registered letter that he or she will discontinue operations, the fee accompanying the application will be returned to him or her; otherwise no part of the fee will be refunded. If the applicant whose plant failed to comply within a reasonable time, to be fixed by the director or his or her authorized representative, notifies the director that such defects are remedied, a second inspection shall be made. Not more than two inspections may be made on one application.
[ 2011 c 336 s 441; 1949 c 100 s 10; Rem. Supp. 1949 s 3142-10.]

catchline: Procedure upon application—Inspection of premises.


title: RCW 16.68.110

text:
Every licensee under this chapter must comply with the following:
(1) All floors shall be constructed of concrete or other impervious material, shall be kept reasonably clean and in good repair. Floors shall slope at least one-fourth inch to the foot toward drains, and slope at least three-eighths inch to the foot as the drains are approached.
(2) Adequate sanitary drainage must be provided leading to approved grease traps and approved sewage disposal system. No point on the floor shall be over sixteen feet from a drain.
(3) Suitable disposal of paunch contents must be provided in accordance with sanitary regulations.
(4) Walls shall be of impervious material to a height not less than six feet from the floor with a tight union with the floor.
(5) Potable water supply shall be provided for human consumption, washing, and cleaning.
(6) Ample steam shall be provided for cleaning purposes.
(7) Approved toilet and dressing room facilities must be provided for employees.
(8) The building must be kept free from flies, rats, mice, and cockroaches.
(9) Premises must be kept neat and orderly and all buildings must be attractive in appearance.
(10) All rendering plants, substations, and places of transfer shall be so located, arranged, constructed, and maintained, and the operation so conducted at all times as to be consistent with public health and safety.
(11) Suitable facilities for the dipping, washing, and disinfecting of hides obtained from animals that died or were killed on account of an infectious or contagious disease, shall be provided.
(12) Two copies of building or remodeling plans shall be forwarded to the director for his or her approval before such building or remodeling is begun.
[ 2011 c 336 s 442; 1949 c 100 s 12; Rem. Supp. 1949 s 3142-12.]

catchline: Duty of licensees as to premises.


title: RCW 16.68.120

text:
Every licensee under this chapter shall comply with the following:
(1) Dead animals shall be placed in containers or vehicles which are constructed of or lined with impervious material, and which do not permit the escape of any liquid, and which are covered in such a way that the contents shall not be openly exposed to insects.
(2) All vehicles and containers used for transporting dead animals shall be properly cleaned and disinfected before leaving the premises of a rendering plant, substation or place of transfer.
(3) After original loading, dead animals shall not be moved from the transporting container or vehicle upon a public highway or in any other place, except at a licensed rendering plant, licensed substation, or licensed place of transfer.
(4) No containers and vehicles used for transporting dead animals shall be used for the transporting of live animals except to a licensed rendering plant.
(5) All vehicles used to haul dead animals that have died of an infectious or contagious disease, shall proceed directly to the unloading point and shall not enter other premises until the vehicle has been properly cleaned and disinfected.
(6) The name of the rendering plant or independent collector shall be painted in letters at least four inches high on each side of every truck used for transporting dead animals.
(7) The skinning and dismembering of dead animals shall be done in the building where they are processed.
(8) Cooking vats or tanks shall be airtight except for proper escape for steam or vapor.
(9) Steam or vapor from cooking vats or tanks shall be so disposed of as not to be detrimental to public health or safety.
(10) Dead animals shall be processed within forty-eight hours after delivery to the rendering plant.
(11) No carcasses, parts thereof, or packing house refuse under process for marketing shall be permitted to come in contact with any part of the building or the equipment used in connection with the unloading, skinning, dismembering and grinding of carcasses or refuse as originally received at disposal plant.
[ 1949 c 100 s 13; Rem. Supp. 1949 s 3142-13.]

catchline: Duty of licensees—Standards.


title: RCW 16.68.130

text:
The director or his or her authorized agent, shall have free and uninterrupted access to all parts of premises that come under the provisions of this chapter, for the purpose of making inspections and the examination of records.
[ 2011 c 336 s 443; 1949 c 100 s 14; Rem. Supp. 1949 s 3142-14.]

catchline: Right of access to premises and records.


title: RCW 16.68.140

text:
It shall be unlawful for any person to transport, to sell, offer to sell, or have on his or her premises horse meat for other than human consumption unless said horse meat is decharacterized in a manner prescribed by the director: PROVIDED, That this provision shall not apply to carcasses slaughtered by a farmer for consumption on his or her own ranch or to carcasses in the possession of a person licensed under this chapter, or to canned horse meat meeting United States bureau of animal industry regulations.
[ 2011 c 336 s 444; 1949 c 100 s 15; Rem. Supp. 1949 s 3142-18.]

catchline: Unlawful possession of horse meat—Exceptions.


title: RCW 16.68.150

text:
It shall be unlawful to feed carcasses of animals, or any part or portion thereof, to swine, unless said carcasses or portions thereof are cooked in a manner prescribed by the director.
[ 1949 c 100 s 16; Rem. Supp. 1949 s 3142-20.]
Notes:
Swine, garbage feeding: RCW 16.36.105 and 16.36.110.

catchline: Feeding of carcasses to swine unlawful—Exception.


title: RCW 16.68.160

text:
Funds collected for license fees and inspection fees shall be retained by the director to be used for the enforcement of this chapter.
[ 1949 c 100 s 11; Rem. Supp. 1949 s 3142-11.]

catchline: Disposition of fees.


title: RCW 16.68.170

text:
The director is authorized and shall make and enforce such regulations as may be necessary to effectuate the provisions of this chapter. Such regulations shall be consistent with the provisions of this chapter.
[ 1949 c 100 s 17; Rem. Supp. 1949 s 3142-21.]

catchline: Rules and regulations.


title: RCW 16.68.180

text:
The violation of any provision of this chapter shall be a misdemeanor.
[ 1949 c 100 s 18; Rem. Supp. 1949 s 3142-22.]

catchline: Penalty for violations.


title: RCW 16.68.190

text:
Nothing in this chapter shall prohibit the department of fish and wildlife from using the carcasses of dead animals for trap bait in their regular trapping operations.
[ 1994 c 264 s 6; 1988 c 36 s 7; 1949 c 100 s 18A; Rem. Supp. 1949 s 3142-23.]

catchline: Bait for trapping purposes—Exception.


title: RCW 16.70.010

text:
The incidence of disease communicated to human beings by contact with pet animals has shown an increase in the past few years. The danger to human beings from such pets infected with disease communicable to humans has demonstrated the necessity for legislation to authorize the secretary of the department of health and the state board of health to take such action as is necessary to control the sale, importation, movement, transfer, or possession of such animals where it becomes necessary in order to protect the public health and welfare.
[ 1991 c 3 s 2; 1971 c 72 s 1.]

catchline: Purpose.


title: RCW 16.70.020

text:
The following words or phrases as used in this chapter shall have the following meanings unless the context indicates otherwise:
(1) "Pet animals" means dogs (Canidae), cats (Felidae), monkeys and other similar primates, turtles, psittacine birds, skunks, or any other species of wild or domestic animals sold or retained for the purpose of being kept as a household pet.
(2) "Secretary" means the secretary of the department of health or his or her designee.
(3) "Department" means the department of health.
(4) "Board" means the Washington state board of health.
(5) "Person" means an individual, group of individuals, partnership, corporation, firm, or association.
(6) "Quarantine" means the placing and restraining of any pet animal or animals by direction of the secretary, either within a certain described and designated enclosure or area within this state, or the restraining of any such pet animal or animals from entering this state.
[ 1991 c 3 s 3; 1971 c 72 s 2.]

catchline: Definitions.


title: RCW 16.70.030

text:
In the event of an emergency arising out of an outbreak of communicable disease caused by exposure to or contact with pet animals, the secretary is hereby authorized to take any reasonable action deemed necessary by him or her to protect the public health, including but not limited to the use of quarantine or the institution of any legal action authorized pursuant to Title 7 RCW and RCW 43.70.170, 43.70.180, and 43.70.190.
The secretary shall have authority to destroy any pet animal or animals which may reasonably be suspected of having a communicable disease dangerous to humans and such animal or animals are hereby declared to be a public nuisance.
[ 2011 c 336 s 445; 1971 c 72 s 3.]

catchline: Emergency action authorized—Scope—Animals as public nuisance.


title: RCW 16.70.040

text:
(1) The secretary, with the advice and concurrence of the director of the department of agriculture, shall be authorized to develop rules for proposed adoption by the board relating to the importation, movement, sale, transfer, or possession of pet animals as defined in RCW 16.70.020 which are reasonably necessary for the protection and welfare of the people of this state.
(2) The director of the department of agriculture shall also be authorized to adopt rules to allow administration of permits for those pet animals under subsection (1) of this section by the state veterinarian.
[ 1996 c 188 s 5; 1971 c 72 s 4.]

catchline: Rules—Scope.


title: RCW 16.70.050

text:
Any person violating or refusing or neglecting to obey the order or directive issued by the secretary pursuant to the authority granted under this action [act] or the rules and regulations promulgated by the board hereunder shall be guilty of a misdemeanor.
[ 1971 c 72 s 5.]

catchline: Violations—Penalty.


title: RCW 16.70.060

text:
The powers conferred on the secretary by this chapter shall be concurrent with the powers conferred on the director of the department of agriculture by chapter 16.36 RCW, and chapter 43.23 RCW, and the secretary and director shall cooperate in exercising their responsibilities in these areas.
[ 1971 c 72 s 6.]

catchline: Concurrent powers—Cooperation between officials.


title: RCW 16.72.010

text:
As used in this chapter:
"Director" means director of agriculture.
"Department" means department of agriculture.
"Person" includes any individual, firm corporation, trust, association, copartnership, society, or other organization of individuals and any other business unit, device or arrangement.
"Fur farming" means breeding, raising and rearing of mink, marten, fox and chinchilla in captivity or enclosures.
[ 1955 c 321 s 2.]


title: RCW 16.72.020

text:
Fur farming shall be deemed an agricultural pursuit and the director is hereby authorized to exercise quarantine controls over such farms in accordance with the provisions of this title. Facilities available to the department may be used by the director in carrying out the provisions of this chapter.
[ 1955 c 321 s 3.]

catchline: Quarantine controls.


title: RCW 16.72.030

text:
All fox, mink and marten that have been lawfully imported or acquired, or bred or reared in captivity or enclosures, are declared to be personal property. Any person hereafter acquiring any such fur bearing animals in the wild state, shall within ten days furnish satisfactory proof to the director that such animals were lawfully obtained. Such wild animals shall not become personal property under the provisions of this section until such proof is furnished.
[ 1955 c 321 s 4.]

catchline: Fox, mink, marten declared personalty.


title: RCW 16.72.040

text:
The owners of any fox, mink, or marten may mark them by branding with tattoo or other marks for the purpose of identification, but no person shall be entitled to ownership in or rights under any particular branding marks unless and until the branding marks are recorded with the department in the same manner and with like effect as brands of other animals are recorded as provided in *chapter 16.56 RCW.
[ 1955 c 321 s 5.]
Notes:
*Reviser's note: Chapter 16.56 RCW was repealed by 1959 c 54 s 39. For later enactment, see chapter 16.57 RCW.

catchline: Branding—Recording.


title: RCW 16.76.005

text:
The legislature finds that there is a need to provide resources to help livestock producers adapt their operations in light of the recovery of wolves on the landscape and a desire by many to increase use of nonlethal deterrence measures to reduce the probability of livestock depredations by wolves. The application of resources in support of these goals must respect livestock producers' values of independence, privacy, and local decision making. The legislature further recognizes that the recent recolonization of wolves places a relatively large time and monetary burden on livestock producers, and that livestock producers have unique and valuable knowledge, occupy an important place in their local communities and the state's social fabric, and are critical partners in creating sound natural resource policies.
[ 2017 c 257 s 1.]

catchline: Finding.


title: RCW 16.76.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of agriculture.
(2) "Director" means the director of the department of agriculture.
(3) "Northeast Washington" means Okanogan, Ferry, Stevens, and Pend Oreille counties.
[ 2017 c 257 s 2.]


title: RCW 16.76.020

text:
(1) The northeast Washington wolf-livestock management grant is created within the department. Funds from the grant program must be used only for the deployment of nonlethal deterrence resources in any Washington county east of the crest of the Cascade mountain range that shares a border with Canada, including human presence, and locally owned and deliberately located equipment and tools.
(2)(a) A four-member advisory board is established to advise the department on the expenditure of the northeast Washington wolf-livestock management grant funds. Advisory board members must be knowledgeable about wolf depredation issues, and have a special interest in the use of nonlethal wolf management techniques. Board members are unpaid, are not state employees, and are not eligible for reimbursement for subsistence, lodging, or travel expenses incurred in the performance of their duties as board members. The director must appoint each member to the board for a term of two years. Board members may be reappointed for subsequent two-year terms. The following board members must be appointed by the director in consultation with each applicable conservation district and the legislators in the legislative district encompassing each county:
(i) One Ferry county conservation district board member or staff member;
(ii) One Stevens county conservation district board member or staff member;
(iii) One Pend Oreille conservation district board member or staff member; and
(iv) One Okanogan conservation district board member or staff member.
(b) If no board member or staff member qualifies under this section, the director must appoint a resident of the applicable county to serve on the board.
(c) Board members may not:
(i) Directly benefit, in whole or in part, from any contract entered into or grant awarded under this section; or
(ii) Directly accept any compensation, gratuity, or reward in connection with such a contract from any other person with a beneficial interest in the contract.
(3) The board must help direct funding for the deployment of nonlethal deterrence resources, including human presence, and locally owned and deliberately located equipment and tools. Funds may only be distributed to nonprofit community-based collaborative organizations that have advisory boards that include personnel from relevant agencies including, but not limited to, the United States forest service and the Washington department of fish and wildlife.
(4) To ensure accountability and efficient use of funds between agencies involved in wolf-livestock management, the department must maintain a list of grants awarded under this section and at least annually share the list with the department of fish and wildlife.
[ 2019 c 450 s 4; 2017 c 257 s 3.]
Notes:
Intent—Finding—2019 c 450: See note following RCW 77.12.395.

catchline: Northeast Washington wolf-livestock management grant—Advisory board—Distribution of funds—List of grants awarded.


title: RCW 16.76.030

text:
(1) The northeast Washington wolf-livestock management account is created as a nonappropriated account in the custody of the state treasurer. All receipts, any legislative appropriations, private donations, or any other private or public source directed to the northeast Washington wolf-livestock management grant must be deposited into the account. Expenditures from the account may be used only for: (a) The deployment of nonlethal wolf deterrence resources as described in RCW 16.76.020; (b) wolf-livestock management; and (c) grants to the sheriffs' offices of Stevens and Ferry counties for providing a local wildlife specialist to aid the department of fish and wildlife in the management of wolves. Only the director may authorize expenditures from the account in consultation with the advisory board created in RCW 16.76.020. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Interest earned by deposits in the account must be retained in the account.
(2) The advisory board created in RCW 16.76.020 may solicit and receive gifts and grants from public and private sources for the purposes of RCW 16.76.020.
[ 2025 c 247 s 1; 2023 c 475 s 920; 2021 c 334 s 960; 2017 c 257 s 4.]
Notes:
Expiration date—2025 c 247: "This act expires July 1, 2031." [ 2025 c 247 s 2.]
Effective date—2023 c 475: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 16, 2023]." [ 2023 c 475 s 1906.]
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.
PDF
RCW 16.76.030
Northeast Washington wolf-livestock management account. (Effective July 1, 2031.)
(1) The northeast Washington wolf-livestock management account is created as a nonappropriated account in the custody of the state treasurer. All receipts, any legislative appropriations, private donations, or any other private or public source directed to the northeast Washington wolf-livestock management grant must be deposited into the account. Expenditures from the account may be used only for the deployment of nonlethal wolf deterrence resources as described in RCW 16.76.020. Only the director may authorize expenditures from the account in consultation with the advisory board created in RCW 16.76.020. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Interest earned by deposits in the account must be retained in the account.
(2) The advisory board created in RCW 16.76.020 may solicit and receive gifts and grants from public and private sources for the purposes of RCW 16.76.020.
(3) During the 2021-2023 and 2023-2025 fiscal biennia, expenditures from the account may be used for wolf-livestock management as well as for grants to the sheriffs' offices of Stevens and Ferry counties for providing a local wildlife specialist to aid the department of fish and wildlife in the management of wolves.
[ 2023 c 475 s 920; 2021 c 334 s 960; 2017 c 257 s 4.]
Notes:
Effective date—2023 c 475: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 16, 2023]." [ 2023 c 475 s 1906.]
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.

catchline: Northeast Washington wolf-livestock management account. (Effective until July 1, 2031.)


title: RCW 17.04.010

text:
The boards of county commissioners of the respective counties may create a weed district or districts within their counties and enlarge any district, or reduce any district or create or combine or consolidate the districts, or divide or create new districts, from time to time, in the manner hereinafter provided, for the purpose of destroying, preventing and exterminating, or to prevent the introduction, propagation, cultivation or increase of, any particular weed, weeds or plants, or all weeds or plants, including Scotch broom, which are now or may hereafter be classed by the agricultural experiment station of Washington State University as noxious weeds, or plants detrimental to or destructive of crops, fruit, trees, shrubs, valuable plants, forage, or other agricultural plants or produce. Any such district shall include not less than one section of land, and the boundaries thereof shall be along an established road, railroad, scab, uncleared or grazing land, or property line, or established lines, or some natural boundary, and shall include only cultivated or farming lands and shall not include any scab, uncleared or grazing land, except such as shall lie wholly within cultivated or farming lands within the districts, or which lie adjacent to such cultivated or farming lands and which are infested, or which may reasonably be expected to become infested, with the particular weed or weeds to be destroyed, prevented and exterminated by such district: PROVIDED, That any quarter section of land, or lesser legal subdivision in single ownership, fifty percent of which is cultivated or farming land, shall be considered cultivated and farming land within the meaning of this chapter.
[ 1961 c 250 s 1; 1937 c 193 s 1; 1929 c 125 s 1; RRS s 2771. Prior: 1921 c 150 s 1. Formerly RCW 17.04.010 and 17.04.020.]

catchline: Districts authorized—Area and boundaries.


title: RCW 17.04.030

text:
Any one or more freeholders owning more than fifty percent of the acreage desired to be included within the proposed weed district may file a petition with the board of county commissioners praying that their land be included, either separately or with other lands included in the petition, in a weed district to be formed for the purpose of destroying, preventing or exterminating any one or all such weeds, or that such lands be included within a district already formed, or a new district or districts to be formed out of any district or districts then existing. Such petition shall state the boundaries of the proposed district, the approximate number of acres in the proposed district, the particular weed or weeds to be destroyed, prevented or exterminated, the general method or means to be used in such work, and shall contain a list of all known land owners within the proposed district, together with the addresses of such land owners. Upon the filing of such petition the board of county commissioners shall fix a time for a hearing thereon, and shall give at least thirty days' notice of the time and place of such hearing by posting copies of such notice in three conspicuous places within the proposed district, one copy of which shall be at the main entrance to the courthouse, and by mailing a copy of such notice to each of the land owners named in the petition at the address therein named, and if any of the land described in the petition be owned by the state, a copy thereof shall be mailed to the department of natural resources at Olympia.
[ 1988 c 128 s 4; 1929 c 125 s 2; RRS s 2772. Prior: 1921 c 150 s 2. Formerly RCW 17.04.030 and 17.04.040.]

catchline: Petition—Time, place and notice of hearing.


title: RCW 17.04.050

text:
At the time and place fixed for such hearing the board of county commissioners shall determine whether such weed district shall be created and if such board determines that such district shall be created, it shall fix the boundaries thereof, but shall not modify the purposes of the petition with respect to the weed or weeds to be destroyed, prevented and exterminated as set forth in this petition, and shall not enlarge the boundaries of the proposed district, or enlarge or change the boundary or boundaries of any district or districts already formed without first giving notice to all land owners interested as provided in RCW 17.04.030. If the board shall determine that the weed district petitioned for shall be created it shall pass a resolution to that effect and shall assign a number to such weed district which shall be the lowest number not already taken or adopted by a weed district in such county, and thereafter such district shall be known as "Weed District No. . . . . of . . . . . . County," inserting in the first blank the number of the district and in the second the name of the county in which the district is organized.
[ 1929 c 125 s 3; RRS ss 2773, 2774. Prior: 1921 c 150 ss 3, 4. Formerly RCW 17.04.050 and 17.04.060.]

catchline: Board to determine petition—Resolution to create district.


title: RCW 17.04.070

text:
If the board of county commissioners establish such district it shall call a special meeting to be held within such district for the purpose of electing three directors for such district. No person shall be eligible to hold the office of director who is not a qualified elector of the state of Washington and a resident and landowner within such district. Such meeting shall be held not less than thirty nor more than ninety days from the date when such district is established by such board.
Notice of such meeting shall be given by the county auditor by publication once a week for three successive weeks in a newspaper of general circulation in such district, and by posting such notice for not less than ten days before the date fixed for such meeting in three public places within the boundaries of such district. The notices shall state the object of the meeting and the time and place when the same shall be held.
At the time and place fixed for the meeting the county commissioner in whose commissioner district such district is located shall act as chair and call the meeting to order. The chair shall appoint two persons to assist him or her in conducting the election, one of whom shall act as clerk. If such county commissioner be not present the electors of such district then present shall elect a chair of the meeting.
Every person who is a landowner within such district and a qualified elector of the state of Washington shall be entitled to vote at such meeting. Any person offering to vote may be challenged by any legally qualified elector of such district, and the chair of such meeting shall thereupon administer to the person challenged an oath in substance as follows: "You do swear (or affirm) that you are a citizen of the United States and a qualified elector of the state of Washington and an owner of land within the boundaries of weed district No. . . . . of . . . . . . county (giving number of district and name of county)." If the challenged person shall take such oath or make such affirmation, he or she shall be entitled to vote; otherwise his or her vote shall not be received. Any person making a false oath, or affirmation, or any person illegally voting at such meeting, shall be punished as provided in the general election laws of the state for illegal voting.
The vote shall be by secret ballot, on white paper of uniform size and quality, of such arrangement that when names are written thereon, the same may be folded so as not to disclose the names. The elector shall write the names of three persons that he or she desires as the first directors of such district and shall fold his or her ballot and hand the same to the chair of the meeting who shall deposit it in a ballot box provided for that purpose. The clerk shall thereupon write the name of such person on a list as having voted at such election. After all persons present and entitled to vote have voted, the chair shall declare the election closed, and shall, with the assistance of the clerk and the other person appointed as assistant, proceed to count the ballots. The person receiving the greatest number of votes shall be elected as director for a term ending three years from the first Monday in March following his or her election; the person receiving the second greatest number of votes shall be elected for a term ending two years from the first Monday in March following his or her election, and the person receiving the third greatest number of votes shall be elected for a term ending one year from the first Monday of March following his or her election.
Annually thereafter, there shall be held a meeting of the electors of such district on the last Monday in February, except that the directors may, by giving the same notice as is required for the initial meeting, fix an earlier time for the annual meeting on any nonholiday during the months of December, January, or February. At such meeting one director shall be elected to succeed the director whose term will expire on the first Monday in March following. The directors shall call the annual meeting, and shall fix the time and place where the same shall be held and shall give the same notice thereof as provided for the initial meeting. The annual meeting shall be conducted in the same manner as is provided for the initial meeting, and the qualifications of electors at such annual meeting shall be the same as is required for the initial meeting. In conducting directors' elections, the chair may accept nominations from the floor but voting shall not be limited to those nominated.
All directors shall hold office for the term for which they are elected, and until their successors are elected and qualified. In case of a vacancy occurring in the office of any director, the county commissioners of the county in which such district is located shall appoint a qualified person to fill the vacancy for the unexpired term. The board of directors shall elect one of its members chair and may appoint a secretary who need not be a member of the board, and who shall be paid such compensation as the board may determine. Each director shall furnish a bond in the sum of one thousand dollars, which may be a surety company bond or property bond approved by the board of county commissioners, which bond shall be filed with the county commissioners and shall be conditioned for the faithful discharge of his or her duties. The cost of such bond shall be paid by the district the same as other expenses of the district. At any annual meeting the method for destroying, preventing, and exterminating weeds of such district as set forth in the petition, and the rules and regulations adopted by such district, may be changed by a majority vote of the qualified electors present at such meeting, or a special meeting may be called for that purpose, notice of which meeting and of such proposed changes to be voted on, shall be given to all landowners residing within the district by mailing a copy of such notice and of such proposed changes to the address of such landowner at least one week before the date fixed for such special meeting. The qualified electors of any weed district, at any annual meeting, may make other weeds that are not on the petition subject to control by the weed district by a two-thirds vote of the electors present: PROVIDED, That said weeds have been classified by the agricultural experiment station of Washington State University as noxious and: PROVIDED FURTHER, That the directors of the weed district give public notice in the manner required for initial meetings of the proposed new control of said weeds by the weed district.
[ 2011 c 336 s 446; 1971 ex.s. c 292 s 15; 1961 c 250 s 2; 1929 c 125 s 4; RRS s 2774-1. Formerly RCW 17.04.070 through 17.04.140.]
Notes:
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
Elections: Chapter 29A.84 RCW.

catchline: Meetings—Qualifications of electors and directors—Elections—Officers—Bonds—Terms of office—Vacancies—Rules and regulations.


title: RCW 17.04.150

text:
The board of directors of such weed district shall have power:
(1) To adopt rules and regulations, plans, methods, and means for the purpose of destroying, preventing, and exterminating the weed or weeds specified in the petition, and to supervise, carry out, and enforce such rules, regulations, plans, methods, and means.
(2) To appoint a weed inspector and to require from him or her a bond in such sum as the directors may determine for the faithful discharge of his or her duties, and to pay the cost of such bond from the funds of such district; and to direct such weed inspector in the discharge of his or her duties; and to pay such weed inspector from the funds of such district such per diem or salary for the time employed in the discharge of his or her duties as the directors shall determine.
[ 2011 c 336 s 447; 1961 c 250 s 3; 1929 c 125 s 9; RRS s 2778-1. Prior: 1921 c 150 s 6.]

catchline: Powers—Weed inspector.


title: RCW 17.04.160

text:
Any city or town contiguous to or surrounded by a weed district formed under this chapter shall provide for the destruction, prevention and extermination of all weeds specified in the petition which are within the boundaries of such city or town, in the same manner and to the same extent as is provided for in such surrounding or contiguous weed district; and it shall be the duty of those in charge of school grounds, playgrounds, cemeteries, parks, or any lands of a public or quasi public nature when such lands shall be contiguous to, or within any weed district, to see that all weeds specified in the petition for the creation of such district are destroyed, prevented and exterminated in accordance with the rules and requirements of such district.
[ 1929 c 125 s 6; RRS s 2775-1.]
Notes:
Destruction of weeds, etc., city ordinance: RCW 35.21.310.

catchline: Contiguous lands.


title: RCW 17.04.170

text:
Any lands owned by any individual wholly or partly within the United States government Indian reservation may be included within a weed district formed under this chapter, and shall be subject to the same rules, regulations and taxes as other lands within the district; and the board of directors of any weed district are authorized to arrange with the officer or agent in charge of any United States lands, within or contiguous to any such district, for the destruction, prevention and extermination of weeds on such government lands.
[ 1929 c 125 s 7; RRS s 2775-2.]

catchline: Indian reservation lands—United States lands.


title: RCW 17.04.180

text:
Whenever any lands belonging to the county are included within a weed district, the county legislative authority shall determine the amount of the assessment for which the lands would be liable if they were in private ownership, and the county legislative authority shall appropriate from the current expense fund of the county sufficient money to pay such amounts. Whenever any state lands are within any weed district, the county treasurer shall certify annually and forward to the appropriate state agency for payment a statement showing the amount of the assessment to which the lands would be liable if they were in private ownership, separately describing each lot or parcel and, if delinquent, with interest and penalties consistent with RCW 84.56.020.
[ 2021 c 217 s 16; 1991 c 245 s 1; 1984 c 7 s 18; 1971 ex.s. c 119 s 1; 1961 c 250 s 4; 1929 c 125 s 8; RRS s 2777. Prior: 1921 c 150 s 7.]

catchline: County and state lands.


title: RCW 17.04.190

text:
It shall be the duty of the weed inspector to carry out the directions of the board of directors and to see that the rules and regulations adopted by the board are carried out. He or she shall personally deliver or mail to each resident landowner within such district and to any lessee or person in charge of any land within such district and residing in such district, a copy of the rules and regulations of such district; and he or she shall personally deliver a copy thereof to nonresident landowners or shall deposit a copy of the same in the United States post office in an envelope with postage prepaid thereon addressed to the last known address of such person as shown by the records of the county auditor; and in event no such address is available for mailing he or she shall post a copy of such rules and regulations in a conspicuous place upon such land. A record shall be kept by the weed inspector of such dates of mailing, posting, or delivering such rules and regulations. In case of any railroad such rules and regulations shall be delivered to the section foreman, or to any official of the railroad having offices within the state. Such rules and regulations must be delivered, posted, or mailed by the weed inspector as herein provided at least ten days before the time to start any annual operations necessary to comply with such rules and regulations: PROVIDED, That after such district shall have been in operation two years such rules and regulations shall be delivered to resident landowners only once every three years, unless such rules and regulations are changed.
[ 2011 c 336 s 448; 1961 c 250 s 5; 1929 c 125 s 10; RRS s 2778-2.]

catchline: Duties of weed inspector.


title: RCW 17.04.200

text:
(1) If the weed inspector, or the board of directors, shall find that the rules and regulations of the weed district are not being carried out on any one or more parcels of land within such district, the weed inspector shall give forthwith a notice in writing, on a form to be prescribed by the directors, to the owners, tenants, mortgagees, and occupants, or to the accredited resident agent of any nonresident owner of such lands within the district whereon noxious weeds are standing, being or growing and in danger of going to seed, requiring him or her to cause the same to be cut down, otherwise destroyed or eradicated on such lands in the manner and within the time specified in the notice, such time, however, not to exceed seven days. It shall be the duty of the county auditor and county treasurer to make available to the weed inspector lists of owners, tenants, and mortgagees of lands within such district;
(2) If a resident agent of any nonresident owner of lands where noxious weeds are found standing, being, or growing cannot be found, the local weed inspector shall post said notice in the form provided by the directors in three conspicuous places on said land, and in addition to posting said notice the local weed inspector shall, at the same time mail a copy thereof by registered or certified mail with return receipt requested to the owner of such nonresident lands, if his or her post office address is known or can be ascertained by said inspector from the last tax list in the county treasurer's office, and it shall be the duty of the treasurer to furnish such lists upon request by the weed inspector. Proof of such serving, posting, and mailing of notice by the weed inspector shall be made by affidavit forthwith filed in the office of the county auditor and it shall be the duty of the county auditor to accept and file such affidavits;
(3) If the weeds are not cut down, otherwise destroyed, or eradicated within the time specified in said notice, the local weed inspector shall personally, or with such help as he or she may require, cause the same to be cut down or otherwise destroyed in the manner specified in said notice.
[ 2011 c 336 s 449; 1961 c 250 s 6; 1937 c 193 s 2; 1929 c 125 s 11; RRS s 2778-3. Prior: 1921 c 150 s 9, part.]

catchline: Violation of rules and regulations—Notice to destroy weeds—Destruction.


title: RCW 17.04.210

text:
The weed inspector shall keep an accurate account of expenses incurred by him or her in carrying out the provisions of this chapter with respect to each parcel of land entered upon, and the prosecuting attorney of the county or the attorney for the weed district shall cause to be served, mailed, or posted in the same manner as provided in this chapter for giving notice to destroy noxious weeds, a statement of such expenses, including description of the land, verified by oath of the weed inspector to the owner, lessee, mortgagee, occupant or agent, or person having charge of said land, and coupled with such statement shall be a notice subscribed by said prosecuting attorney or attorney for the weed district and naming a time and place when and where such matter will be brought before the board of directors of such district for hearing and determination, said statement or notice to be served, mailed, or posted, as the case may be, at least ten days before the time for such hearing.
[ 2011 c 336 s 450; 1961 c 250 s 7; 1929 c 125 s 12; RRS s 2778-4.]

catchline: Statement of expense—Hearing.


title: RCW 17.04.220

text:
At the time of such hearing as provided in RCW 17.04.210, or at such time to which the same may be continued or adjourned, the board of directors shall proceed to examine expenses incurred by the weed inspector in controlling weeds on the parcel of land in question, and shall hear such testimony of such other persons who may have legal interest in the proceedings, and shall enter an order upon its minutes as to what amount, if any, is properly chargeable against the lands for weed control. Cost of serving, mailing and posting shall be added to any amount so found to be due and shall be considered part of the cost of weed control on the land in question. The amount so charged by the directors shall be a tax on the land on which said work was done after the expiration of ten days from the date of entry of said order, unless an appeal be taken as in this chapter provided, in which event the same shall become a tax at the time the amount to be paid shall be determined by the court; and the county treasurer shall enter the same on the tax rolls against the land for the current year and collect it, together with penalty and interest, as other taxes are collected, and when so collected the same shall be paid into the fund for such weed district: PROVIDED, That a failure to serve, mail or post any of the notices or statements provided for in this chapter, shall not invalidate said tax, but in case of such failure the lien of such tax shall be subordinate and inferior to the interests of any mortgagee to whom notice has not been given in accordance with the provisions of this chapter.
[ 1961 c 250 s 8; 1929 c 125 s 13; RRS s 2778-5. Prior: 1921 c 150 s 5. FORMER PART OF SECTION: 1925 c 125 s 14 now codified in RCW 17.04.230.]

catchline: Examination at hearing of expenses—Amount is tax on land—Effect of failure to serve notices.


title: RCW 17.04.230

text:
Any interested party may appeal from the decision and order of the board of directors of such district to the superior court of the county in which such district is located, by serving written notice of appeal on the chair of the board of directors and by filing in the office of the clerk of the superior court a copy of said notice of appeal with proof of service attached, together with a good and sufficient cost bond in the sum of two hundred dollars, said cost bond to run to such district and in all respects to comply with the laws relating to cost bonds required of nonresident plaintiffs in the superior court. Said notice must be served and filed within ten days from the date of the decision and order of such board of directors, and said bond must be filed within five days after the filing of such notice of appeal. Whenever notice of appeal and the cost bond as herein provided shall have been filed with the clerk of the superior court, the clerk shall notify the board of directors of such district thereof, and such board shall forthwith certify to said court all notices and records in said matters, together with proof of service, and a true copy of the order and decision pertaining thereto made by such board. If no appeal be perfected within ten days from the decision and order of such board, the same shall be deemed confirmed and the board shall certify the amount of such charges to the county treasurer who shall enter the same on the tax rolls against the land. When an appeal is perfected the matter shall be heard in the superior court de novo and the court's decision shall be conclusive on all persons served under this chapter: PROVIDED, That appellate review of the order or decision of the superior court in the manner provided by existing laws, and upon the conclusion of such review, the amount of charges and costs adjudged to be paid shall be certified by the clerk of the superior court to the county treasurer and said treasurer shall proceed to enter the same on his or her rolls against the lands affected.
[ 2011 c 336 s 451; 1988 c 202 s 21; 1971 c 81 s 56; 1929 c 125 s 14; RRS s 2778-6. Formerly RCW 17.04.220, part, and 17.04.230.]
Notes:
Appeals to supreme court: Rules of court: See Rules of Appellate Procedure.
Severability—1988 c 202: See note following RCW 2.24.050.
Cost bonds, civil procedure: RCW 4.84.210 through 4.84.240.

catchline: Appellate review—Notice—Cost bond.


title: RCW 17.04.240

text:
(1) The directors shall annually determine the amount of money necessary to carry on the operations of the district and shall classify the property therein in proportion to the benefits to be derived from the operations of the district and in accordance with such classification shall prorate the cost so determined and shall levy assessments to be collected with the general taxes of the county. In the event that any bonded or warrant indebtedness pledging tax revenue of the district shall be outstanding on April 1, 1951, the directors may, for the sole purpose of retiring such indebtedness, continue to levy a tax upon all taxable property in the district until such bonded or warrant indebtedness shall have been retired.
(2) Activities and programs to limit economic loss and adverse effects due to the presence and spread of noxious weeds on all terrestrial and aquatic areas in the state are declared to be of special benefit, including to lands owned or held by the state, and may be used as the basis upon which special assessments are imposed by the county legislative authority, including upon lands owned or held by the state.
[ 2021 c 217 s 14; 1957 c 13 s 2. Prior: 1951 c 107 s 1; 1929 c 125 s 5, part; RRS s 2774-2.]
Notes:
Validating—1957 c 13: "The provisions of this act are retroactive and any actions or proceedings had or taken under the provisions of RCW 17.04.240, 17.04.250, 17.04.260, 17.08.050, 17.08.060, 17.08.070, 17.08.080, 17.08.090, 17.08.100 or 17.08.110 are hereby ratified, validated and confirmed." [ 1957 c 13 s 14.]

catchline: Assessments—Classification of property—Tax levy—Special assessments.


title: RCW 17.04.245

text:
Such assessments as are made under the provisions of RCW 17.04.240, by the weed district commissioners, shall be spread by the county assessor on the general tax roll in a separate item. Such assessments shall be collected and accounted for with the general taxes, with the terms and penalties thereto attached.
[ 1951 1st ex.s. c 6 s 1.]

catchline: Assessment—Tax roll—Collection.


title: RCW 17.04.250

text:
The county treasurer shall be ex officio treasurer of such district and the county assessor and other county officers shall take notice of the formation of such district and of the tax levy and shall extend the tax on the tax roll against the property liable therefor the same as other taxes are extended, and such tax shall become a general tax against such property, and shall be collected and accounted for as other taxes, with the terms and penalties thereto attached. The moneys collected from such tax shall be paid into a fund to be known as "fund of weed district . . . . . . of . . . . . . county" (giving the number of district and name of county). All expenses in connection with the operation of such district, including the expenses of initial and annual meetings, shall be paid from such fund, upon vouchers approved by the board of directors of such district.
[ 1957 c 13 s 3. Prior: 1929 c 125 s 5, part; 1921 c 150 s 5; RRS s 2775.]

catchline: District treasurer—Duties—Fund.


title: RCW 17.04.260

text:
No weed district shall contract any obligation in any year in excess of the total of the funds which will be available during the current year from the tax levy made in the preceding year and funds received in the current year from services rendered and from any other lawful source, and funds accumulated from previous years.
[ 1963 c 52 s 1; 1961 c 250 s 9; 1957 c 13 s 4. Prior: 1929 c 125 s 5, part; 1921 c 150 s 8; RRS s 2778.]

catchline: Limit of indebtedness.


title: RCW 17.04.270

text:
Any weed district heretofore organized under any law of the state of Washington may become a weed district under the provisions of this chapter and entitled to exercise all the powers and subject to the limitations of a weed district organized under this chapter by the election of three directors for such weed district which shall be done in the same manner as is provided in this chapter for the election of the first directors of a district organized under this chapter.
[ 1929 c 125 s 15; RRS s 2778-7.]

catchline: Districts organized under prior law—Reorganization.


title: RCW 17.04.280

text:
All weed district directors, all weed inspectors, and all official agents of all weed districts, in the performance of their official duties, have the right to enter and go upon any of the lands within their weed district at any reasonable time for any reason necessary to effectuate the purposes of the weed district. Any person who prevents or threatens to prevent any lawful agent of the weed district, after said agent identifies himself or herself and the purpose for which he or she is going upon the land, from entering or going upon the land within said weed district at a reasonable time and for a lawful purpose of the weed district, is guilty of a misdemeanor.
[ 2011 c 336 s 452; 1961 c 250 s 10.]

catchline: Officials of district may enter lands—Penalty for prevention.


title: RCW 17.06.010

text:
As used in this chapter, unless the context indicates otherwise, "principal board of county commissioners", "principal county treasurer", and "principal county auditor" mean respectively those in the county of that part of the proposed intercounty weed district in which the greatest amount of acreage is located.
[ 1959 c 205 s 1.]

catchline: Definitions.


title: RCW 17.06.020

text:
An intercounty weed district, including all or any part of two counties or more, may be created for the purposes set forth in RCW 17.04.010 by the joint action of the boards of county commissioners of the counties in which any portion of the proposed district is located.
[ 1959 c 205 s 2.]

catchline: Intercounty weed districts authorized.


title: RCW 17.06.030

text:
Any one or more freeholders owning more than fifty percent of the acreage desired to be included within the proposed intercounty weed district may file a petition with the principal board of county commissioners praying that their land be included, either separately or with other lands included in the petition, in a weed district to be formed for the purpose of destroying, preventing or exterminating any one or all such weeds, or that such lands be included within a district already formed, or a new district or districts to be formed out of any district or districts then existing. Such petition shall state the boundaries of the proposed district, the approximate number of acres in the proposed district, the particular weed or weeds to be destroyed, prevented or exterminated, the general method or means to be used in such work, and shall contain a list of all known landowners within the proposed district, together with the addresses of such landowners. Upon the filing of such petition the principal board of county commissioners shall notify the other boards of commissioners, shall arrange a time for a joint hearing on the petition, and shall give at least thirty days' notice of the time and place of such hearing by posting copies of such notice in three conspicuous places within the proposed district, and at the main entrance to the courthouse of each county, and by mailing a copy of such notice to each of the landowners named in the petition at the address named therein. If any of the land described in the petition be owned by the state a copy thereof shall be mailed to the department of natural resources at Olympia.
[ 1988 c 128 s 5; 1959 c 205 s 3.]

catchline: Petition for formation—Notice of hearing.


title: RCW 17.06.040

text:
At the time and place fixed for such hearing, with the chair of the principal board acting as chair, the respective boards shall determine by a majority vote of each of the boards of county commissioners of the counties whether such intercounty weed district shall be created, and if they determine that such district shall be created, the respective boards shall fix the boundaries of the portion of the proposed district within their respective counties, but they shall not modify the purposes of the petition with respect to the weed or weeds to be destroyed, prevented, and exterminated as set forth in the petition, and they shall not enlarge the boundary of the proposed district, or enlarge or change the boundary or boundaries of any district or districts already formed without first giving notice, as provided in RCW 17.06.030, to all landowners interested. If the respective bodies shall determine that the weed district petitioned for shall be created each such board shall thereupon enter an order establishing and defining the boundary lines of the proposed district within its respective county. A number shall be assigned to such weed district which shall be the lowest number not already taken or adopted by an intercounty weed district in the state, and thereafter such district shall be known as "weed district No. . . . .", inserting in the blank the number of the district.
If any county represented does not by a majority vote of its board of commissioners support the petition for an intercounty district, the petition shall be dismissed.
[ 2011 c 336 s 453; 1959 c 205 s 4.]


title: RCW 17.06.050

text:
If the respective boards of county commissioners establish such district the chair of the principal board shall call a special meeting of landowners to be held within such district for the purpose of electing three directors for such district. No person shall be eligible to hold the office of director who is not a qualified elector of the state of Washington and a resident and landowner within such district. Such meeting shall be held not less than thirty nor more than ninety days from the date when such district is established.
Notice of such meeting shall be given by the principal county auditor by publication once a week for three successive weeks in a newspaper of general circulation in such district, and by posting such notice for not less than ten days before the date fixed for such meeting in three public places within the boundaries of such district. The notices shall state the object of the meeting and the time and place when the same shall be held.
At the time and place fixed for the meeting the chair shall appoint two persons to assist him or her in conducting the election, one of whom shall act as clerk. If such chair be not present the electors of such district then present shall elect a chair of the meeting.
Every person who is a landowner within such district and a qualified elector of the state of Washington shall be entitled to vote at such meeting. Any person offering to vote may be challenged by any legally qualified elector of such district, and the chair of such meeting shall thereupon administer to the person challenged an oath in substance as follows: "You do swear (or affirm) that you are a citizen of the United States and a qualified elector of the state of Washington and an owner of land within the boundaries of weed district No. . . . . (giving number of district)." If the challenged person shall take such oath or make such affirmation, he or she shall be entitled to vote; otherwise his or her vote shall not be received. Any person making a false oath, or affirmation, or any person illegally voting at such meeting, shall be punished as provided in the general election laws of the state for illegal voting.
The vote shall be by secret ballot, on white paper of uniform size and quality, of such arrangement that when names are written thereon, the same may be folded so as not to disclose the names. The elector shall write the names of three persons that he or she desires as the first directors of such district and shall fold his or her ballot and hand the same to the chair of the meeting who shall deposit it in a ballot box provided for that purpose. The clerk shall thereupon write the name of such person on a list as having voted at such election. After all persons present and entitled to vote have voted, the chair shall declare the election closed, and shall, with the assistance of the clerk and the other person appointed as assistant, proceed to count the ballots. The person receiving the greatest number of votes shall be elected as director for a term ending three years from the first Monday in March following his or her election; the person receiving the second greatest number of votes shall be elected for a term ending two years from the first Monday in March following his or her election, and the person receiving the third greatest number of votes shall be elected for a term ending one year from the first day of March following his or her election.
Annually thereafter, there shall be held a meeting of the electors of such district on the first Monday in February. At such meeting one director shall be elected to succeed the director whose term will expire on the first Monday in March following. The directors shall call the annual meeting, and shall fix the time when and place where the same shall be held and shall give the same notice thereof as provided for the initial meeting. The annual meeting shall be conducted in the same manner as is provided for the initial meeting, and the qualifications of electors at such annual meeting shall be the same as is required for the initial meeting.
All directors shall hold office for the term for which they are elected, and until their successors are elected and qualified. In case of a vacancy occurring in the office of any director, the remaining members of the board of directors shall appoint a qualified person to fill the vacancy for the unexpired term. The board of directors shall elect one of its members chair and may appoint a secretary who need not be a member of the board, and who shall be paid such compensation as the board may determine. Each director shall furnish a bond in the sum of one thousand dollars, which may be a surety company bond or property bond approved by the principal board of county commissioners, which bond shall be filed with the same board and shall be conditioned for the faithful discharge of his or her duties. The cost of such bond shall be paid by the district the same as other expenses of the district.
At any annual meeting the method for destroying, preventing, and exterminating weeds of such district as set forth in the petition, and the rules and regulations adopted by such district, may be changed by a majority vote of the qualified electors present at such meeting, or a special meeting may be called for that purpose, notice of which meeting and of such proposed changes to be voted on, shall be given to all landowners residing within the district by mailing a copy of such notice and of such proposed changes to the address of such landowner at least one week before the date fixed for such special meeting.
[ 2011 c 336 s 454; 1971 ex.s. c 292 s 16; 1959 c 205 s 5.]
Notes:
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.

catchline: Meetings—Qualifications of electors and directors—Elections—Officers—Bonds—Terms—Rules.


title: RCW 17.06.060

text:
The board of directors of an intercounty weed district shall have the same powers and duties as the board of directors of a weed district located entirely within one county, and all the provisions of chapter 17.04 RCW are hereby made applicable to intercounty weed districts: PROVIDED, That in the case of evaluation, assessment, collection, apportionment, and any other allied power or duty relating to taxes in connection with the district, the action shall be performed by the officer or board of the county for that area of the district which is located within his or her respective county, and all materials, information, and other data and all moneys collected shall be submitted to the proper officer of the county of that part of the district in which the greatest amount of acreage is located. Any power which may be or duty which shall be performed in connection therewith shall be performed by the officer or board receiving such as though only a district in a single county were concerned. All moneys collected from such area constituting a part of such district that should be paid to such district shall be delivered to the principal county treasurer who shall be ex officio treasurer of such district. All other materials, information, or data relating to the district shall be submitted to the district board of directors.
Any costs or expenses incurred under this section shall be borne proportionately by each county involved.
[ 2011 c 336 s 455; 1959 c 205 s 6.]

catchline: Directors powers and duties—Taxation—Treasurer—Costs.


title: RCW 17.06.070

text:
Whenever any action is required or may be performed by any county officer or board for all purposes essential to the maintenance, operation, and administration of the district, such action shall be performed by the respective officer or board of the county of that part of the district in which the greatest amount of acreage of the district is located.
All costs incurred shall be borne proportionately by each county in that ratio which the amount of acreage of the district located in that part of each county forming a part of the district bears to the total amount of acreage located in the whole district.
[ 1959 c 205 s 7.]

catchline: Actions of county officers—Costs.


title: RCW 17.10.007

text:
The purpose of this chapter is to limit economic loss and adverse effects to Washington's agricultural, natural, and human resources due to the presence and spread of noxious weeds on all terrestrial and aquatic areas in the state.
The intent of the legislature is that this chapter be liberally construed, and that the jurisdiction, powers, and duties granted to the county noxious weed control boards by this chapter are limited only by specific provisions of this chapter or other state and federal law.
[ 1997 c 353 s 1; 1975 1st ex.s. c 13 s 17. Formerly RCW 17.10.905.]

catchline: Purpose—Construction—1975 1st ex.s. c 13.


title: RCW 17.10.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:
(1) "Agent" means any occupant or any other person acting for the owner and working or in charge of the land.
(2) "Agricultural purposes" are those that are intended to provide for the growth and harvest of food and fiber.
(3) "Aquatic noxious weed" means an aquatic plant species that is listed on the state weed list under RCW 17.10.080.
(4) "Assessment" means a special assessment levied by a county legislative authority pursuant to RCW 17.10.240.
(5) "Centerline miles" means the length of any given road right-of-way corridor in miles, along the center line of the overall roadway alignment.
(6) As pertains to the duty of an owner, the words "control," "contain," "eradicate," and the term "prevent the spread of noxious weeds" means conforming to the standards of noxious weed control or prevention in this chapter or as adopted by rule in chapter 16-750 WAC by the state noxious weed control board and an activated county noxious weed control board.
(7) "Director" means the director of the department of agriculture or the director's appointed representative.
(8) "Noxious weed" means a plant that when established is highly destructive, competitive, or difficult to control by cultural or chemical practices.
(9) "Owner" means the person in actual control of property including, but not limited to, deeded parcels, public rights-of-way, and undefined lots, or his or her agent, whether the control is based on legal or equitable title or on any other interest entitling the holder to possession and, for purposes of liability, pursuant to RCW 17.10.170 or 17.10.210, means the possessor of legal or equitable title or the possessor of an easement: PROVIDED, That when the possessor of an easement has the right to control or limit the growth of vegetation within the boundaries of an easement, only the possessor of the easement is deemed, for the purpose of this chapter, an "owner" of the property within the boundaries of the easement.
(10) "Parcel" means real property having a parcel number or deeded real property, undefined lot, a lot having a legal description, or right-of-way owned or held by the state, county, or city.
(11) "Person" means any individual, partnership, corporation, firm, the state or any department, agency, or subdivision thereof, or any other entity.
(12) "Screenings" means a mixture of mill or elevator run mixture or a combination of varying amounts of materials obtained in the process of cleaning either grain or seeds, or both, such as light or broken grain or seed, weed seeds, hulls, chaff, joints, straw, elevator dust, floor sweepings, sand, and dirt.
(13) "State noxious weed list" means a list of noxious weeds adopted by the state noxious weed control board. The list is divided into three classes:
(a) Class A consists of those noxious weeds not native to the state that are of limited distribution or are unrecorded in the state and that pose a serious threat to the state;
(b) Class B consists of those noxious weeds not native to the state that are of limited distribution or are unrecorded in a region of the state and that pose a serious threat to that region;
(c) Class C consists of any other nonnative to Washington state noxious weeds.
(14) "Weed district" means a weed district as defined in chapters 17.04 and 17.06 RCW.
[ 2021 c 217 s 1; 1997 c 353 s 2; 1995 c 255 s 6; 1987 c 438 s 1; 1975 1st ex.s. c 13 s 1; 1969 ex.s. c 113 s 1.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—1995 c 255: See RCW 17.26.901.


title: RCW 17.10.020

text:
(1) In each county of the state there is created a noxious weed control board, bearing the name of the county within which it is located. The jurisdictional boundaries of each board are the boundaries of the county within which it is located.
(2) Each noxious weed control board is inactive until activated pursuant to the provisions of RCW 17.10.040.
[ 1997 c 353 s 3; 1969 ex.s. c 113 s 2.]

catchline: County noxious weed control boards—Created—Jurisdiction—Inactive status.


title: RCW 17.10.030

text:
There is created a state noxious weed control board comprised of nine voting members and four nonvoting members. Four of the voting members shall be elected by the members of the various activated county noxious weed control boards, and shall be residents of a county in which a county noxious weed control board has been activated and a member of said board, and those qualifications shall continue through their term of office. Two of these members shall be elected from the west side of the state, the crest of the Cascades being the dividing line, and two from the east side of the state. The director of agriculture is a voting member of the board. One voting member shall be elected by the directors of the various active weed districts formed under chapter 17.04 or 17.06 RCW. The Washington state association of counties appoints one voting member who shall be a member of a county legislative authority. A statewide association representing county noxious weed coordinators appoints a nonvoting technical advisor. The director shall appoint two voting members to represent the public interest, one from the west side and one from the east side of the state. The director shall also appoint three nonvoting members representing scientific disciplines relating to weed control. The term of office for all members of the board is four years from the date of election or appointment.
The board, by rule, shall establish a position number for each elected position of the board and shall designate which county noxious weed control board members are eligible to vote for each elected position. The elected members serve staggered terms. Elections for the elected members of the board shall be held thirty days prior to the expiration date of their respective terms. Nominations and elections shall be by mail and conducted by the board.
The board shall conduct its first meeting within thirty days after all its members have been elected. The board shall elect from its members a chair and other officers as may be necessary. A majority of the voting members of the board constitutes a quorum for the transaction of business and is necessary for any action taken by the board. The members of the board serve without salary, but shall be reimbursed for travel expenses incurred in the performance of their duties under this chapter in accordance with RCW 43.03.050 and 43.03.060.
[ 2021 c 217 s 2; 1997 c 353 s 4; 1987 c 438 s 2; 1975-'76 2nd ex.s. c 34 s 23; 1969 ex.s. c 113 s 3.]
Notes:
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: State noxious weed control board—Members—Terms—Elections—Meetings—Reimbursement for travel expenses.


title: RCW 17.10.040

text:
An inactive county noxious weed control board may be activated by any one of the following methods:
(1) Either within sixty days after a petition is filed by one hundred registered voters within the county or, on its own motion, the county legislative authority shall hold a hearing to determine whether there is a need, due to a damaging infestation of noxious weeds, to activate the county noxious weed control board. If such a need is found to exist, then the county legislative authority shall, in the manner provided by RCW 17.10.050, appoint five persons to the county's noxious weed control board.
(2) If the county's noxious weed control board is not activated within one year following a hearing by the county legislative authority to determine the need for activation, then upon the filing with the state noxious weed control board of a petition comprised either of the signatures of at least two hundred registered voters within the county, or of the signatures of a majority of an adjacent county's noxious weed control board, the state board shall, within six months of the date of the filing, hold a hearing in the county to determine the need for activation. If a need for activation is found to exist, then the state board shall order the county legislative authority to activate the county's noxious weed control board and to appoint members to the board in the manner provided by RCW 17.10.050.
(3) The director, upon request of the state noxious weed control board, shall order a county legislative authority to activate the noxious weed control board immediately if an infestation of a class A noxious weed or class B noxious weed designated for control on the state noxious weed list is confirmed in that county. The county legislative authority may, as an alternative to activating the noxious weed board, combat the class A noxious weed or class B noxious weed with county resources and personnel operating with the authorities and responsibilities imposed by this chapter on a county noxious weed control board. No county may continue without a noxious weed control board for a second consecutive year if the class A noxious weed or class B noxious weed has not been eradicated.
[ 1997 c 353 s 5; 1987 c 438 s 3; 1975 1st ex.s. c 13 s 2; 1969 ex.s. c 113 s 4.]

catchline: Activation of inactive county noxious weed control board.