title: RCW 15.115.310

text:
(1) It is a misdemeanor for any person willfully to:
(a) Violate or aid in the violation of this chapter or rules adopted under this chapter;
(b) Submit a false or fraudulent report, statement, or record required by the director or the commission under this chapter or rules adopted under this chapter; or
(c) Fail or refuse to submit a report, statement, or record required by the director or the commission under this chapter or rules adopted under this chapter.
(2) In the event of a violation or threatened violation of this chapter or rules adopted under this chapter, the director or the commission is entitled to an injunction in a court of competent jurisdiction to prevent further violation and to a decree of specific performance, and to a temporary restraining order and injunction pending litigation.
(3) In the event of a violation or threatened violation of this chapter or rules adopted under this chapter, the director, the commission, or any affected producer on joining the commission may refer the violation to the prosecutor in any county in which the defendant or any defendant resides, or in which the violation was committed, or in which the defendant or any defendant has his or her principal place of business.
(4) The superior courts are hereby vested with jurisdiction to enforce this chapter and the rules of the commission issued under this chapter, and to prevent and restrain violations of this chapter.
[ 2009 c 33 s 32.]

catchline: Penalties—Injunctions—Referring a violation to the county prosecutor—Jurisdiction.


doc_type: statute

jurisdiction: wa

title: RCW 15.125.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the state liquor and cannabis board.
(2) "Licensee facilities" means any premises regulated by the board for producing, processing, or retailing cannabis or cannabis products.
(3) "Cannabis" has the meaning provided in RCW 69.50.101.
(4) "Cannabis processor" has the meaning provided in RCW 69.50.101.
(5) "Cannabis producer" has the meaning provided in RCW 69.50.101.
(6) "Cannabis products" has the meaning provided in RCW 69.50.101.
(7) "Cannabis retailer" has the meaning provided in RCW 69.50.101.
(8) "Person" means any natural person, firm, partnership, association, private or public corporation, governmental entity, or other business entity.
[ 2022 c 16 s 14; 2017 c 317 s 18.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Definitions.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 15.125.020

text:
(1) The department may adopt rules establishing:
(a) Standards for cannabis and cannabis products produced and processed in a manner consistent with, to the extent practicable, 7 C.F.R. Part 205;
(b) A self-sustaining program for certifying cannabis producers and cannabis processors as meeting the standards established under (a) of this subsection; and
(c) Other rules as necessary for administration of this chapter.
(2) To the extent practicable, the program must be consistent with the program established by the director under chapter 15.86 RCW.
(3) The rules must include a fee schedule that will provide for the recovery of the full cost of the program including, but not limited to, application processing, inspections, sampling and testing, notifications, public awareness programs, and enforcement.
[ 2022 c 16 s 15; 2017 c 317 s 19.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.

catchline: Rule-making authority.


title: RCW 15.125.030

text:
(1) No cannabis or cannabis product may be labeled, sold, or represented as produced or processed under the standards established under this chapter unless produced or processed by a person certified by the department under the program established under this chapter.
(2) No person may represent, sell, or offer for sale any cannabis or cannabis products as produced or processed under standards adopted under this chapter if the person knows, or has reason to know, that the cannabis or cannabis product has not been produced or processed in conformance with the standards established under this chapter.
(3) No person may represent, sell, or offer for sale any cannabis or cannabis products as "organic products" as that term has meaning under chapter 15.86 RCW.
[ 2022 c 16 s 16; 2017 c 317 s 20.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.

catchline: Cannabis and cannabis products—Production and processing.


title: RCW 15.125.040

text:
(1) The department may inspect licensee facilities to verify compliance with this chapter and rules adopted under it.
(2) The department may deny, suspend, or revoke a certification provided for in this chapter if the department determines that an applicant or certified person has violated this chapter or rules adopted under it.
(3) The department may impose on and collect from any person who has violated this chapter or rules adopted under it a civil fine not exceeding the total of:
(a) The state's estimated costs of investigating and taking appropriate administrative and enforcement actions for the violation; and
(b) One thousand dollars.
(4) The board may take enforcement actions against a cannabis producer, cannabis processor, or cannabis retailer license issued by the board, including suspension or revocation of the license, when a licensee continues to violate this chapter after revocation of its certification or, if uncertified, receiving written notice from the department of certification requirements.
(5) The provisions of this chapter are cumulative and nonexclusive and do not affect any other remedy at law.
[ 2022 c 16 s 17; 2017 c 317 s 21.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.

catchline: Licensee facilities—Department may inspect—Certification—Fines—Enforcement actions.


title: RCW 15.125.050

text:
Information about cannabis producers, cannabis processors, and cannabis retailers otherwise exempt from public inspection and copying under chapter 42.56 RCW is also exempt from public inspection and copying if submitted to or used by the department.
[ 2022 c 16 s 18; 2017 c 317 s 22.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.

catchline: Cannabis producer, processor, and retailer information—Exemption from public inspection and copying.


title: RCW 15.125.060

text:
All fees collected under this chapter must be deposited in an account within the agricultural local fund. The revenue from the fees must be used solely for carrying out the provisions of this chapter, and no appropriation is required for disbursement from the fund.
[ 2017 c 317 s 23.]
Notes:
Findings—Application—2017 c 317: See notes following RCW 69.50.325.

catchline: Deposit of fees into account within agricultural local fund—Revenue from fees—Appropriation not required for disbursement.


title: RCW 15.13.250

text:
For the purpose of this chapter:
(1) "Business licensing system" means the mechanism established by chapter 19.02 RCW by which business licenses, endorsed for individual state-issued licenses, are issued and renewed utilizing a business license application and a business license expiration date common to each renewable license endorsement.
(2) "Certificate" or "certificate of inspection" means an official document certifying compliance with the requirements of this chapter. The term "certificate" includes labels, rubber stamp imprints, tags, permits, written statements, or any other form of certification document that accompanies the movement of inspected and certified plant material, including Christmas trees.
(3) "Christmas tree" means a cut evergreen tree:
(a) Of a marketable species;
(b) Managed to produce trees meeting United States number 2 or better standards for Christmas trees as specified by the United States department of agriculture; and
(c) Evidencing periodic maintenance practices of shearing or culturing, or both; weed and brush control; and one or more of the following practices: Basal pruning, fertilization, insect and disease control, stump culture, soil cultivation, and irrigation.
(4) "Christmas tree grower" means any person who grows Christmas trees for sale.
(5) "Compliance agreement" means a written agreement between the department and a person engaged in growing, handling, or moving articles, plants, or plant products regulated under this chapter or title, in which the person agrees to comply with stipulated requirements.
(6) "Consignor" means the person named in the invoice, bill, or other shipping document accompanying a horticultural plant as the person from whom the horticultural plant has been received for shipment.
(7) "Department" means the department of agriculture of the state of Washington.
(8) "Director" means the director of the department or the director's duly authorized representative.
(9) "Horticultural facilities" means, but is not limited to, the premises where horticultural plants or Christmas trees are grown, stored, handled or delivered for sale or transportation, or where records required under this chapter are stored or kept, and all vehicles and equipment used to transport horticultural plants or Christmas trees.
(10) "Horticultural plant" includes, but is not limited to, any horticultural, floricultural, or viticultural plant, or turf, for planting, propagation or ornamentation growing or otherwise. The term does not apply to potato, garlic, or onion planting stock or to cut plant material, except plant parts used for propagative purposes.
(11) "Inspection and/or certification" means, but is not limited to, the inspection by the director of horticultural plants or Christmas trees at any time prior to, during, or subsequent to harvest or sale and the issuance by the director of a written certificate stating if the horticultural plants or Christmas trees are in compliance with the provisions of this chapter and rules adopted under this chapter. Inspection may include, but is not limited to, examination of horticultural plants or Christmas trees, taking samples, destructive testing, conducting interviews, taking photographs, and examining records.
(12) "Nursery dealer" means any person who sells horticultural plants or plants, grows, receives, or handles horticultural plants for the purpose of selling or planting for another person.
(13) "Person" means any individual, firm, partnership, corporation, company, society and association, and every officer, agent or employee thereof.
(14) "Plant pests" means, but is not limited to, a living stage of insect, mite, or other arthropod; nematode; slug, snail, or other mollusk; protozoa or other invertebrate animals; bacteria; fungus; virus; viroid; phytoplasma; weed or parasitic plant; or any organisms similar to or allied with any of the plant pests listed in this section; or any infectious substance; which can directly or indirectly injure or cause disease or damage to any plant or plant product or that threatens the diversity or abundance of native species.
(15) "Sell" means to sell, hold for sale, offer for sale, handle, or to use as an inducement for the sale of another article or product.
(16) "This chapter" means this chapter and the rules adopted under this chapter.
(17) "Turf" means field-cultivated turf grass sod consisting of grass varieties, or blends of grass varieties, and dichondra or use in residential and commercial landscapes.
[ 2013 c 144 s 2; (2013 c 144 s 1 expired July 1, 2014); 2007 c 335 s 1; 2000 c 144 s 1; 1993 c 120 s 1; 1990 c 261 s 1; 1985 c 36 s 1; 1982 c 182 s 19; 1971 ex.s. c 33 s 1.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—2013 c 144 s 2: "Section 2 of this act takes effect July 1, 2014." [ 2013 c 144 s 57.]
Expiration date—2013 c 144 s 1: "Section 1 of this act expires July 1, 2014." [ 2013 c 144 s 58.]
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: "This act expires July 1, 2030." [ 2019 c 206 s 1; 2013 c 72 s 1; 2007 c 335 s 19.]
PDF
RCW 15.13.250
Definitions. (Effective July 1, 2030.)
For the purpose of this chapter:
(1) "Business licensing system" means the mechanism established by chapter 19.02 RCW by which business licenses, endorsed for individual state-issued licenses, are issued and renewed utilizing a business license application and a business license expiration date common to each renewable license endorsement.
(2) "Certificate" or "certificate of inspection" means an official document certifying compliance with the requirements of this chapter. The term "certificate" includes labels, rubber stamp imprints, tags, permits, written statements, or any other form of certification document that accompanies the movement of inspected and certified plant material.
(3) "Compliance agreement" means a written agreement between the department and a person engaged in growing, handling, or moving articles, plants, or plant products regulated under this chapter or title, in which the person agrees to comply with stipulated requirements.
(4) "Consignor" means the person named in the invoice, bill, or other shipping document accompanying a horticultural plant as the person from whom the horticultural plant has been received for shipment.
(5) "Department" means the department of agriculture of the state of Washington.
(6) "Director" means the director of the department or the director's duly authorized representative.
(7) "Horticultural facilities" means, but is not limited to, the premises where horticultural plants are grown, stored, handled or delivered for sale or transportation, or where records required under this chapter are stored or kept, and all vehicles and equipment used to transport horticultural plants.
(8) "Horticultural plant" includes, but is not limited to, any horticultural, floricultural, or viticultural plant, or turf, for planting, propagation or ornamentation growing or otherwise. The term does not apply to potato, garlic, or onion planting stock or to cut plant material, except plant parts used for propagative purposes.
(9) "Inspection and/or certification" means, but is not limited to, the inspection by the director of horticultural plants at any time prior to, during, or subsequent to harvest or sale and the issuance by the director of a written certificate stating if the horticultural plants are in compliance with the provisions of this chapter and rules adopted under this chapter. Inspection may include, but is not limited to, examination of horticultural plants, taking samples, destructive testing, conducting interviews, taking photographs, and examining records.
(10) "Nursery dealer" means any person who sells horticultural plants or plants, grows, receives, or handles horticultural plants for the purpose of selling or planting for another person.
(11) "Person" means any individual, firm, partnership, corporation, company, society and association, and every officer, agent or employee thereof.
(12) "Plant pests" means, but is not limited to, a living stage of insect, mite, or other arthropod; nematode; slug, snail, or other mollusk; protozoa or other invertebrate animals; bacteria; fungus; virus; viroid; phytoplasma; weed or parasitic plant; or any organisms similar to or allied with any of the plant pests listed in this section; or any infectious substance; which can directly or indirectly injure or cause disease or damage to any plant or plant product or that threatens the diversity or abundance of native species.
(13) "Sell" means to sell, hold for sale, offer for sale, handle, or to use as an inducement for the sale of another article or product.
(14) "This chapter" means this chapter and the rules adopted under this chapter.
(15) "Turf" means field-cultivated turf grass sod consisting of grass varieties, or blends of grass varieties, and dichondra for use in residential and commercial landscapes.
[ 2013 c 144 s 2; 2000 c 144 s 1; 1993 c 120 s 1; 1990 c 261 s 1; 1985 c 36 s 1; 1982 c 182 s 19; 1971 ex.s. c 33 s 1.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—2013 c 144 s 2: "Section 2 of this act takes effect July 1, 2014." [ 2013 c 144 s 57.]

catchline: Definitions. (Effective until July 1, 2030.)


title: RCW 15.13.260

text:
The director shall enforce the provisions of this chapter and may adopt any rule necessary to carry out its purpose and provisions including but not limited to the following:
(1) The director may adopt rules establishing standards for grades and/or classifications for any horticultural plant.
(2) The director shall adopt rules for labeling or tagging horticultural plants.
(3) The director may adopt rules for the inspection and/or certification of any horticultural plant as to variety, quality, size and freedom from infestation by plant pests.
(4) The director may adopt rules for the inspection and/or certification of any Christmas tree as to freedom from infestation by plant pests.
(5) The director shall adopt rules establishing fees for nursery dealer licenses and for inspection of horticultural plants and methods of fee collection.
(6) The director may adopt rules prescribing minimum informational requirements for advertising for the sale of horticultural plants within the state.
(7) The director may adopt rules establishing categories of sales and fees for permits established in RCW 15.13.270.
(8) The director may adopt rules establishing fees for Christmas tree grower licenses and for inspection of Christmas trees and methods of fee collection.
[ 2007 c 335 s 2; 2000 c 144 s 2; 1993 c 120 s 2; 1990 c 261 s 2; 1985 c 36 s 2; 1971 ex.s. c 33 s 2.]
Notes:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
PDF
RCW 15.13.260
Enforcement—Rules—Scope. (Effective July 1, 2030.)
The director shall enforce the provisions of this chapter and may adopt any rule necessary to carry out its purpose and provisions including but not limited to the following:
(1) The director may adopt rules establishing standards for grades and/or classifications for any horticultural plant.
(2) The director shall adopt rules for labeling or tagging horticultural plants.
(3) The director may adopt rules for the inspection and/or certification of any horticultural plant as to variety, quality, size and freedom from infestation by plant pests.
(4) The director shall adopt rules establishing fees for nursery dealer licenses and for inspection of horticultural plants and methods of fee collection.
(5) The director may adopt rules prescribing minimum informational requirements for advertising for the sale of horticultural plants within the state.
(6) The director may adopt rules establishing categories of sales and fees for permits established in RCW 15.13.270.
[ 2000 c 144 s 2; 1993 c 120 s 2; 1990 c 261 s 2; 1985 c 36 s 2; 1971 ex.s. c 33 s 2.]

catchline: Enforcement—Rules—Scope. (Effective until July 1, 2030.)


title: RCW 15.13.262

text:
Chapter 34.05 RCW governs the rights, remedies, and procedures respecting the administration of this chapter, including rule making, assessment of civil penalties, emergency actions, and license suspension, revocation, or denial.
[ 2000 c 144 s 3.]

catchline: Application of administrative procedure act.


title: RCW 15.13.265

text:
(1) The director may enter and inspect the horticultural facilities of a nursery dealer at reasonable times for the purpose of carrying out the provisions of this chapter.
(2) If the director is denied access, the director may apply to a court of competent jurisdiction for a search warrant authorizing access to the premises. The court may upon such application issue the search warrant for the purposes requested. The warrant shall be issued on probable cause. It is sufficient probable cause to show (a) the inspection is pursuant to a general administrative practice to determine compliance with this chapter or (b) the director has reason to believe that a violation of this chapter has occurred, is occurring, or may occur.
(3) Denial of access to the director to perform inspections may subject a nursery dealer or Christmas tree grower to license revocation.
[ 2007 c 335 s 3; 2000 c 144 s 4; 1993 c 120 s 7.]
Notes:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
PDF
RCW 15.13.265
Enforcement—Access to nursery dealer premises—Inspection. (Effective July 1, 2030.)
(1) The director may enter and inspect the horticultural facilities of a nursery dealer at reasonable times for the purpose of carrying out the provisions of this chapter.
(2) If the director is denied access, the director may apply to a court of competent jurisdiction for a search warrant authorizing access to the premises. The court may upon such application issue the search warrant for the purposes requested. The warrant shall be issued on probable cause. It is sufficient probable cause to show (a) the inspection is pursuant to a general administrative practice to determine compliance with this chapter or (b) the director has reason to believe that a violation of this chapter has occurred, is occurring, or may occur.
(3) Denial of access to the director to perform inspections may subject a nursery dealer to revocation of the nursery license.
[ 2000 c 144 s 4; 1993 c 120 s 7.]

catchline: Enforcement—Access to nursery dealer premises—Inspection. (Effective until July 1, 2030.)


title: RCW 15.13.270

text:
(1) The provisions of this chapter relating to nursery dealer licensing do not apply to: (a) Persons making casual or isolated sales that do not exceed one hundred dollars annually; (b) any garden club, conservation district, or charitable nonprofit association conducting not more than three sales per year for not more than four consecutive days each of horticultural plants which are grown by or donated to its members; (c) educational organizations associated with private or public secondary schools; and (d) the production of cannabis and persons who are licensed as cannabis producers under RCW 69.50.325 with respect to the operations under such license. For the purposes of this subsection, the terms "cannabis" and "cannabis producer" have the same meanings as provided in RCW 69.50.101. However, such a club, conservation district, association, or organization must apply to the director for a permit to conduct such sales.
(2) All horticultural plants sold under such a permit must be in compliance with the provisions of this chapter.
[ 2022 c 16 s 10; 2014 c 140 s 32; (2014 c 140 s 31 expired July 1, 2020); 2007 c 335 s 4; 2000 c 144 s 5; 1993 c 120 s 3; 1990 c 261 s 3; 1985 c 36 s 3; 1983 1st ex.s. c 73 s 2; 1971 ex.s. c 33 s 3.]
Notes:
Expiration date—2022 c 16 s 10: "Section 10 of this act expires July 1, 2030." [ 2022 c 16 s 175.]
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2014 c 140 s 32: "Section 32 of this act takes effect July 1, 2020." [ 2014 c 140 s 42.]
Expiration date—2014 c 140 s 31: "Section 31 of this act expires July 1, 2020." [ 2014 c 140 s 41.]
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
PDF
RCW 15.13.270
Licensing exemptions—Permits for clubs, conservation districts, nonprofit associations, educational organizations. (Effective July 1, 2030.)
(1) The provisions of this chapter relating to licensing do not apply to: (a) Persons making casual or isolated sales that do not exceed one hundred dollars annually; (b) any garden club, conservation district, or charitable nonprofit association conducting not more than three sales per year for not more than four consecutive days each of horticultural plants which are grown by or donated to its members; (c) educational organizations associated with private or public secondary schools; and (d) the production of cannabis and persons who are licensed as cannabis producers under RCW 69.50.325 with respect to the operations under such license. For the purposes of this subsection, the terms "cannabis" and "cannabis producer" have the same meanings as provided in RCW 69.50.101. However, such a club, conservation district, association, or organization must apply to the director for a permit to conduct such sales.
(2) All horticultural plants sold under such a permit must be in compliance with the provisions of this chapter.
[ 2022 c 16 s 11; 2014 c 140 s 32; 2000 c 144 s 5; 1993 c 120 s 3; 1990 c 261 s 3; 1985 c 36 s 3; 1983 1st ex.s. c 73 s 2; 1971 ex.s. c 33 s 3.]
Notes:
Effective date—2022 c 16 s 11: "Section 11 of this act takes effect July 1, 2030." [ 2022 c 16 s 176.]
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2014 c 140 s 32: "Section 32 of this act takes effect July 1, 2020." [ 2014 c 140 s 42.]

catchline: Nursery dealer licensing exemptions—Permits for clubs, conservation districts, nonprofit associations, educational organizations. (Effective until July 1, 2030.)


title: RCW 15.13.280

text:
(1) No person may act as a nursery dealer without a license for each place of business where horticultural plants are sold except as provided in RCW 15.13.270. Any person applying for such a license must apply through the business licensing system. The application must be accompanied by the appropriate fee. The director must establish a schedule of fees for retail and wholesale nursery dealer licenses based upon the person's gross annual sales of horticultural plants at each place of business. The schedule for retail licenses must include separate fees for at least the following two categories:
(a) A person whose gross annual sales of horticultural plants do not exceed two thousand five hundred dollars; and
(b) A person whose gross annual sales of horticultural plants exceed two thousand five hundred dollars.
(2) A person conducting both retail and wholesale sales of horticultural plants at the same place of business must secure one of the following:
(a) A retail nursery dealer license if retail sales of the horticultural plants exceed such wholesale sales; or
(b) A wholesale nursery dealer license if wholesale sales of the horticultural plants exceed such retail sales.
(3) The director may issue a wholesale nursery dealer license to a person operating as a farmers market at which individual producers are selling directly to consumers. The license must be at the appropriate level to cover all persons selling horticultural plants at each site at which the person operates a market.
(4) The licensing fee that must accompany an application for a new license must be based upon the applicant's estimated gross sales of horticultural plants for the ensuing licensing year. The fee for renewing a license must be based upon the licensee's gross sales of these products during the preceding licensing year.
(5) The license expires on the business license expiration date unless it has been revoked or suspended prior to the expiration date by the director for cause. Each license must be posted in a conspicuous place open to the public in the location for which it was issued.
(6) The department may audit licensees during normal business hours to determine that appropriate fees have been paid.
[ 2013 c 144 s 3; 2000 c 144 s 6; 1993 c 120 s 4; 1987 c 35 s 1; 1985 c 36 s 4; 1983 1st ex.s. c 73 s 3; 1982 c 182 s 20; 1971 ex.s. c 33 s 4.]
Notes:
Business licensing
expiration date: RCW 19.02.090.
system
generally: RCW 15.13.250.
to include additional licenses: RCW 19.02.110.

catchline: Nursery dealer licenses—Farmers markets—Application—Fees—Expiration—Posting—Audit.


title: RCW 15.13.285

text:
The director may, with the advice of the nursery advisory committee, establish by rule a surcharge to the fee for a nursery dealer license. The surcharge shall not exceed twenty percent of the license fee and shall be paid at the same time that the license fee is paid. Moneys collected from the surcharge shall be deposited in the agricultural local fund and shall be used solely to support research projects which are of general benefit to the nursery industry and are recommended by the nursery advisory committee.
[ 2000 c 144 s 7; 1992 c 23 s 1.]
Notes:
Effective date—1992 c 23: "This act shall take effect on July 1, 1992." [ 1992 c 23 s 2.]

catchline: Nursery dealer licenses—Fee surcharge.


title: RCW 15.13.290

text:
If any application for renewal of a nursery dealer license is not filed prior to the business license expiration date, the business license delinquency fee must be assessed under chapter 19.02 RCW and must be paid by the applicant before the renewal license is issued.
[ 2013 c 144 s 4; 2000 c 144 s 8; 1982 c 182 s 21; 1971 ex.s. c 33 s 5.]
Notes:
Business licensing
delinquency fee—Rate—Disposition: RCW 19.02.085.
expiration date: RCW 19.02.090.

catchline: Nursery dealer licenses—Additional charge for late renewal.


title: RCW 15.13.300

text:
Application for a license shall include:
(1) The full name of the person applying for the license and if the applicant is an individual, receiver, trustee, firm, partnership, association, or corporation, the full name of each member of the firm or partnership, or the names of the officers of the association or corporation.
(2) The principal business address of the applicant in the state and elsewhere.
(3) The address for the location or locations for which the licenses are being applied.
(4) The names of the persons authorized to receive and accept service of summons and legal notices of all kinds for the applicant.
(5) Any other necessary information prescribed by the director.
[ 2000 c 144 s 9; 1982 c 182 s 22; 1971 ex.s. c 33 s 6.]
Notes:
Business license system generally: Chapter 19.02 RCW.


title: RCW 15.13.310

text:
(1) An annual assessment shall be levied on the gross sale price of the wholesale market value for all horticultural plants of the genera Chaenomeles, Cydonia, Crataegus, Malus, Prunus, Pyrus, Sorbus, and Vitis produced in Washington, and sold within the state or shipped from the state by any licensed nursery dealer during any license period. This annual assessment is based on the first sale price of such nursery stock except for rootstocks which are replanted and/or grafted or budded and planted for growing-on in the nursery. The director shall by rule determine the rate of an assessment needed to carry out the grapevine and fruit tree certification and nursery improvement programs set forth in RCW 15.13.470 and chapter 15.14 RCW.
The wholesale market price may be determined by the wholesale catalogue price of the seller of the horticultural plants assessed under this section or of the shipper moving such nursery stock out of the state. If the seller or shipper does not have a catalogue, then the wholesale market price may be based on the actual selling price or an average wholesale market price. The director in determining the average wholesale market price may use catalogues of various businesses licensed under the provisions of this chapter or any other reasonable method.
(2) The assessment is due and payable on the first day of July of each year.
(3) The gross sale period shall be from July 1 to June 30 of the previous year.
(4) The department may audit the records of licensees during normal business hours to determine that the appropriate assessment has been paid.
[ 2002 c 215 s 1; 2000 c 144 s 10; 1993 c 120 s 5; 1990 c 261 s 4; 1987 c 35 s 2; 1983 1st ex.s. c 73 s 4; 1971 ex.s. c 33 s 7.]

catchline: Assessment on gross sale price of wholesale market value of certain horticultural plants—Method for determining—Due date—Gross sale period—Audit.


title: RCW 15.13.311

text:
(1) Any Christmas tree grower owning Christmas trees, whose business consists solely of retail sales to the ultimate consumer, is exempt from the requirements of this section if:
(a) The grower has less than one acre of Christmas trees; or
(b) The grower harvests, by u-cut or otherwise, fewer than four hundred Christmas trees per year.
(2) Licensed nursery dealers who furnish live plants for planting to Christmas tree growers are exempt from the requirements of this section.
(3) No person may operate as a Christmas tree grower without first obtaining a license from the department.
(a) The application must be accompanied by an annual fee, as established by the director in rule. The annual fee must not exceed forty dollars as a basic charge and a maximum of four dollars per acre as an acreage assessment. The annual Christmas tree grower license fee for any person may not exceed five thousand dollars.
(b) The department may audit licensees during normal business hours to determine that appropriate fees have been paid.
[ 2007 c 335 s 5.]
Notes:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.

catchline: Christmas tree grower exemptions—License—Fees. (Expires July 1, 2030.)


title: RCW 15.13.312

text:
Application for a Christmas tree grower license shall include:
(1) The full name of the person applying for the license, whether the applicant is an individual, receiver, trustee, firm, partnership, association, or corporation, and if the applicant is a firm or partnership the full name of each member of the firm or partnership, and if the applicant is an association or corporation the names of the officers of the association or corporation;
(2) The principal business address of the applicant in the state and elsewhere;
(3) The address and acreage of Christmas trees for each location included in the application;
(4) The names of the persons authorized to receive and accept service of summons and legal notices of all kinds for the applicant; and
(5) Any other information prescribed by the director.
[ 2007 c 335 s 6.]
Notes:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.

catchline: Christmas tree grower license—Application. (Expires July 1, 2030.)


title: RCW 15.13.314

text:
(1) An advisory committee is established to advise the director in the administration of the Christmas tree program.
(2) When appointing this committee, the director shall consider names submitted by Christmas tree growers and by established Christmas tree grower associations having members in the state.
(3) The committee consists of no fewer than five members, representing the interests of licensed Christmas tree growers and the Christmas tree industry, and the director or the director's designee.
(4) The terms of the members of the committee shall be staggered and the members shall serve a term of three years or until their successor has been appointed.
(5) In the event a committee member resigns, is disqualified, or vacates a position on the committee for any other reason, the vacancy shall be filled by the director under the provisions of this section governing appointments.
[ 2007 c 335 s 8.]
Notes:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.

catchline: Christmas tree program—Advisory committee. (Expires July 1, 2030.)


title: RCW 15.13.315

text:
An advisory committee is established to advise the director in the administration of the grapevine certification and nursery improvement program.
(1) The committee consists of two grapevine nursery dealers; three grape growers, at least two of whom grow wine grapes; one winery representative; a university researcher; and the director.
(2) When appointing this committee, the director shall consider names submitted by the Washington association of wine grape growers and the Washington state grape society.
(3) The terms of the members of the committee shall be staggered and the members shall serve a term of three years and until their successor has been appointed.
[ 2002 c 215 s 2.]

catchline: Grapevine certification and nursery improvement program—Advisory committee.


title: RCW 15.13.320

text:
An advisory committee is hereby established to advise the director in the administration of the fruit tree certification and nursery improvement program.
(1) The committee shall consist of five fruit tree nursery dealers and the director or the director's designated appointee.
(2) When appointing this committee, the director shall consider names submitted by the Washington state nursery and landscape association.
(3) The terms of the members of the committee shall be staggered and the members shall serve a term of three years and until their successor has been appointed.
In the event a committee member resigns, is disqualified, or vacates a position on the committee for any other reason the vacancy shall be filled by the director under the provisions of this section governing appointments.
[ 2000 c 144 s 11; 1993 c 120 s 6; 1990 c 261 s 5; 1983 1st ex.s. c 73 s 5; 1971 ex.s. c 33 s 8.]

catchline: Fruit tree certification and nursery improvement program—Advisory committee.


title: RCW 15.13.335

text:
A nursery advisory committee is hereby established to advise the director in the administration of this chapter.
(1) The committee shall consist of not less than four members, representing the interests of licensed nursery dealers and the nursery industry, appointed by the director in consultation with the following persons: The president of (a) the Washington state floricultural association, (b) the Washington state bulb association, and (c) the Washington state nursery and landscape association; and the director or the director's designated appointee.
(2) The terms of the members of the committee shall be staggered and the members shall serve a term of three years and until their successors have been appointed.
In the event a committee member resigns, is disqualified, or vacates a position on the committee for any other reason, the vacancy shall be filled by the director under the provisions of this section governing appointments.
[ 2000 c 144 s 12; 1990 c 261 s 6; 1983 1st ex.s. c 73 s 6.]


title: RCW 15.13.340

text:
(1) A late fee of twenty percent of the amount due shall be levied on all delinquent assessments for each license period the assessment is delinquent.
(2) The director shall not issue a nursery dealer license or Christmas tree grower license to any applicant who has failed to pay any assessment due under the provisions of this chapter.
[ 2007 c 335 s 9; 2000 c 144 s 13; 1971 ex.s. c 33 s 10.]
Notes:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
PDF
RCW 15.13.340
Late fee on delinquent assessments. (Effective July 1, 2030.)
(1) A late fee of twenty percent of the amount due shall be levied on all delinquent assessments for each license period the assessment is delinquent.
(2) The director shall not issue a nursery dealer license to any applicant who has failed to pay any assessment due under the provisions of this chapter.
[ 2000 c 144 s 13; 1971 ex.s. c 33 s 10.]

catchline: Late fee on delinquent assessments. (Effective until July 1, 2030.)


title: RCW 15.13.360

text:
The director may issue subpoenas to compel the attendance of witnesses and/or production of books, documents, and records for purposes of investigating compliance with this chapter or for any hearing under this chapter.
[ 2000 c 144 s 14; 1971 ex.s. c 33 s 12.]

catchline: Hearings—Subpoenas.


title: RCW 15.13.370

text:
(1) Any person licensed under the provisions of this chapter may request the services of a department inspector at the licensee's place of business or point of shipment during the shipping season. Subsequent to inspection the inspector shall issue to the licensee a certificate of inspection signed by the inspector covering any horticultural plants or Christmas trees which the inspector finds to be in compliance with the provisions of this chapter.
(2) Any person financially interested in any horticultural plants or Christmas trees may request inspection and/or certification services provided for horticultural plants or Christmas trees under this chapter.
(3) To facilitate the marketing of agricultural commodities and other plant products, the director may provide, if requested, special inspections or certifications not otherwise authorized under this chapter and shall prescribe a fee for that service.
[ 2007 c 335 s 10; 2002 c 215 s 3; 2000 c 144 s 15; 1993 c 120 s 8; 1990 c 261 s 8; 1971 ex.s. c 33 s 13.]
Notes:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
PDF
RCW 15.13.370
Request by licensee for inspector's services during shipping season—Certificate of inspection—Other requests for inspection and/or certification services—Fees. (Effective July 1, 2030.)
(1) Any person licensed under the provisions of this chapter may request the services of a department inspector at the licensee's place of business or point of shipment during the shipping season. Subsequent to inspection the inspector shall issue to the licensee a certificate of inspection signed by the inspector covering any horticultural plants which the inspector finds to be in compliance with the provisions of this chapter.
(2) Any person financially interested in any horticultural plants may request inspection and/or certification services provided for horticultural plants under this chapter.
(3) To facilitate the marketing of agricultural commodities and other plant products, the director may provide, if requested, special inspections or certifications not otherwise authorized under this chapter and shall prescribe a fee for that service.
[ 2002 c 215 s 3; 2000 c 144 s 15; 1993 c 120 s 8; 1990 c 261 s 8; 1971 ex.s. c 33 s 13.]

catchline: Request by licensee for inspector's services during shipping season—Certificate of inspection—Other requests for inspection and/or certification services—Fees. (Effective until July 1, 2030.)


title: RCW 15.13.380

text:
(1) The inspection fees provided for in this chapter shall become due and payable upon billing by the department.
(2) A late charge of one and one-half percent per month shall be assessed on the unpaid balance against persons more than thirty days in arrears.
(3) In addition to any other penalties, the director may refuse to perform any inspection or certification service for any person who is in arrears or who fails to pay any assessment due under the provisions of this chapter or assessments required by law to any agricultural commodity commission unless the person makes payment in full prior to such inspection or certification service.
[ 2000 c 144 s 16; 1990 c 261 s 9; 1971 ex.s. c 33 s 14.]

catchline: Inspection fees—When due and payable—Arrears.


title: RCW 15.13.390

text:
It is unlawful for any person to sell, ship, or transport any horticultural plant or Christmas tree in this state unless it meets standards established in rule for freedom from infestation by plant pests and the other requirements of this chapter.
[ 2007 c 335 s 11; 2000 c 144 s 17; 1993 c 120 s 9; 1971 ex.s. c 33 s 15.]
Notes:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
PDF
RCW 15.13.390
Unlawful selling, shipment, or transport of plants within state, when. (Effective July 1, 2030.)
It is unlawful for any person to sell, ship, or transport any horticultural plant in this state unless it meets standards established in rule for freedom from infestation by plant pests and the other requirements of this chapter.
[ 2000 c 144 s 17; 1993 c 120 s 9; 1971 ex.s. c 33 s 15.]

catchline: Unlawful selling, shipment, or transport of horticultural plants or Christmas trees within state, when. (Effective until July 1, 2030.)


title: RCW 15.13.400

text:
(1) It is unlawful for any person to ship or deliver any horticultural plant into this state unless it is accompanied by an inspection certificate from the state or country of origin stating that the horticultural plant meets the requirements of this chapter. The director may require the shipper or receiver to file a copy of the manifest of nursery cargo or shipment of horticultural plants into this state with the director on or before the date the horticultural plants enter into the state.
(2) The director may by rule require that any or all horticultural plants or Christmas trees delivered or shipped into the state be inspected for conformance with the requirements of this chapter prior to release by the person delivering or transporting such horticultural plants or Christmas trees even though accompanied by acceptable inspection certificates issued by the state or country of origin.
(3) Any shipment found not to be in compliance with the requirements of this chapter may be returned to the consignor at the consignor's expense. The consignor may subsequently request a hearing which shall be held in conformance with RCW 34.05.479 or other applicable provision of chapter 34.05 RCW.
[ 2007 c 335 s 12; 2000 c 144 s 18; 1993 c 120 s 10; 1971 ex.s. c 33 s 16.]
Notes:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
PDF
RCW 15.13.400
Unlawful shipment or delivery of plants into state, when—Certificate and inspection requirements—Rules—Hearing. (Effective July 1, 2030.)
(1) It is unlawful for any person to ship or deliver any horticultural plant into this state unless it is accompanied by an inspection certificate from the state or country of origin stating that the horticultural plant meets the requirements of this chapter. The director may require the shipper or receiver to file a copy of the manifest of nursery cargo or shipment of horticultural plants into this state with the director on or before the date the horticultural plants enter into the state.
(2) The director may by rule require that any or all such horticultural plants delivered or shipped into the state be inspected for conformance with the requirements of this chapter prior to release by the person delivering or transporting such horticultural plants even though accompanied by acceptable inspection certificates issued by the state or country of origin.
(3) Any shipment found not to be in compliance with the requirements of this chapter may be returned to the consignor at the consignor's expense. The consignor may subsequently request a hearing which shall be held in conformance with RCW 34.05.479 or other applicable provision of chapter 34.05 RCW.
[ 2000 c 144 s 18; 1993 c 120 s 10; 1971 ex.s. c 33 s 16.]

catchline: Unlawful shipment or delivery of horticultural plants into state, when—Certificate and inspection requirements—Christmas trees—Rules—Hearing. (Effective until July 1, 2030.)


title: RCW 15.13.410

text:
Each shipment of horticultural plants transported or shipped into the state and/or offered for retail sale within the state shall be legibly marked or tagged in a conspicuous manner.
The director may, whenever the director finds that any horticultural plant is not properly marked, order it off sale until it is properly marked, or order that it be returned to the consignor for proper marking.
[ 2000 c 144 s 19; 1993 c 120 s 11; 1990 c 261 s 10; 1971 ex.s. c 33 s 17.]

catchline: Shipments into state to be marked or tagged.


title: RCW 15.13.420

text:
It is unlawful for any person:
(1) To falsely claim to be an agent or representative of any nursery dealer in horticultural plants or Christmas tree grower;
(2) To sell or distribute horticultural plants by any method which has the capacity and tendency or effect of deceiving any purchaser or prospective purchaser as to the quantity, size, grade, kind, species, age, method of propagation, maturity, condition, vigor, hardiness, number of times transplanted, growth ability, growth characteristics, rate of growth or time required before flowering or fruiting, price, origin or place where grown, or in any other material respect;
(3) To alter an official certificate or other official inspection document for plant materials, including Christmas trees, covered by this chapter or to falsely represent a document as an official certificate;
(4) To substitute any horticultural plant, Christmas tree, or agricultural commodity for a horticultural plant, Christmas tree, or agricultural commodity covered by an inspection certificate.
[ 2007 c 335 s 13; 2000 c 144 s 20; 1993 c 120 s 12; 1990 c 261 s 11; 1971 ex.s. c 33 s 18.]
Notes:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
PDF
RCW 15.13.420
Unlawful acts enumerated. (Effective July 1, 2030.)
It is unlawful for any person:
(1) To falsely claim to be an agent or representative of any nursery dealer in horticultural plants;
(2) To sell or distribute horticultural plants by any method which has the capacity and tendency or effect of deceiving any purchaser or prospective purchaser as to the quantity, size, grade, kind, species, age, method of propagation, maturity, condition, vigor, hardiness, number of times transplanted, growth ability, growth characteristics, rate of growth or time required before flowering or fruiting, price, origin or place where grown, or in any other material respect;
(3) To alter an official certificate or other official inspection document for plant materials covered by this chapter or to falsely represent a document as an official certificate;
(4) To substitute any horticultural plant or agricultural commodity for a horticultural plant or agricultural commodity covered by an inspection certificate.
[ 2000 c 144 s 20; 1993 c 120 s 12; 1990 c 261 s 11; 1971 ex.s. c 33 s 18.]

catchline: Unlawful acts enumerated. (Effective until July 1, 2030.)


title: RCW 15.13.425

text:
No publisher, radio and television broadcast licensee, advertising agency, or agency or medium for the dissemination of an advertisement, except the grower, packer, distributor, or seller of the article to which the advertisement relates, shall be subject to the penalties of RCW 15.13.490(2) by reason of dissemination of any false advertisement, unless the person has refused on the request of the director to furnish the name and address of the grower, packer, distributor, seller, or advertising agency in the state of Washington, who caused dissemination of the false advertisement.
[ 2000 c 144 s 21; 1993 c 120 s 13.]

catchline: False advertisements.


title: RCW 15.13.430

text:
When the director has cause to believe that any horticultural plants or Christmas trees are damaged or are infested or infected by any plant pest, the director may issue a hold order on such horticultural plants or Christmas trees. A hold order may prescribe conditions under which the damaged, infested, or infected material must be held to prevent spread of the infestation or infection. Treatment or other corrective measures shall be the sole responsibility of the persons holding the material for sale. It is unlawful to sell or move such plants until released in writing by the director.
[ 2007 c 335 s 14; 2000 c 144 s 22; 1993 c 120 s 14; 1971 ex.s. c 33 s 19.]
Notes:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
PDF
RCW 15.13.430
Hold order on damaged, infested, or infected plants—Selling or moving unlawful. (Effective July 1, 2030.)
When the director has cause to believe that any horticultural plants are damaged or are infested or infected by any plant pest, the director may issue a hold order on such horticultural plants. A hold order may prescribe conditions under which plants must be held to prevent spread of the infestation or infection. Treatment or other corrective measures shall be the sole responsibility of the persons holding the plant material for sale. It is unlawful to sell or move such plants until released in writing by the director.
[ 2000 c 144 s 22; 1993 c 120 s 14; 1971 ex.s. c 33 s 19.]

catchline: Hold order on damaged, infested, or infected horticultural plants or Christmas trees—Selling or moving unlawful. (Effective until July 1, 2030.)


title: RCW 15.13.440

text:
The director shall condemn any horticultural plants shipped or sold when such horticultural plants are found to be dead, in a dying condition, seriously broken, diseased or infested to the extent that treatment is not practical, damaged, frozen, or abnormally potbound. The director shall condemn any Christmas trees shipped or sold if they are found to be diseased, infected, or infested to the extent that treatment is not practical. The director shall order such horticultural plants or Christmas trees to be destroyed or returned at shipper's option.
[ 2007 c 335 s 15; 2000 c 144 s 23; 1993 c 120 s 15; 1990 c 261 s 12; 1971 ex.s. c 33 s 20.]
Notes:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
PDF
RCW 15.13.440
Order of condemnation—Grounds for issuance. (Effective July 1, 2030.)
The director shall condemn any horticultural plants shipped or sold when such horticultural plants are found to be dead, in a dying condition, seriously broken, diseased or infested to the extent that treatment is not practical, damaged, frozen, or abnormally potbound. The director shall order such horticultural plants to be destroyed or returned at shipper's option.
[ 2000 c 144 s 23; 1993 c 120 s 15; 1990 c 261 s 12; 1971 ex.s. c 33 s 20.]

catchline: Order of condemnation—Grounds for issuance. (Effective until July 1, 2030.)


title: RCW 15.13.445

text:
Upon issuance of an order or upon action by the director under RCW 15.13.400, 15.13.410, 15.13.430, or 15.13.440, the consignor of the plant material may request a hearing under chapter 34.05 RCW.
[ 2000 c 144 s 24; 1993 c 120 s 16.]

catchline: Order or action of director—Hearing opportunity.


title: RCW 15.13.447

text:
No state court shall allow the recovery of damages from administrative action, hold order, or condemnation order if the court finds there was probable cause for the action.
[ 2000 c 144 s 25.]

catchline: Prohibition on recovery of damages.


title: RCW 15.13.450

text:
The director may bring an action to enjoin the violation of any provision of this chapter or any rule adopted under this chapter in the superior court in Thurston county or the county in which the violation occurs, notwithstanding the existence of other remedies at law.
[ 2000 c 144 s 26; 1971 ex.s. c 33 s 21.]

catchline: Injunction to prevent violations.


title: RCW 15.13.455

text:
(1) The director may apply to the superior court of Thurston county for a prompt hearing on, and the court shall have jurisdiction upon, and for cause shown the court shall, without proof that an adequate remedy at law does not exist, grant an injunction restraining any person from operating as a nursery dealer or Christmas tree grower without a valid license.
(2) An order restraining any person from operating as a nursery dealer or Christmas tree grower without a valid license shall contain such provision for the payment of pertinent court costs and reasonable attorneys' fees and administrative expenses as is equitable and the court deems appropriate in the circumstances.
[ 2007 c 335 s 16; 2000 c 144 s 27; 1983 1st ex.s. c 73 s 7.]
Notes:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
PDF
RCW 15.13.455
Injunction to restrain operation as nursery dealer without valid license—Costs, attorneys' fees, and expenses. (Effective July 1, 2030.)
(1) The director may apply to the superior court of Thurston county for a prompt hearing on, and the court shall have jurisdiction upon, and for cause shown the court shall, without proof that an adequate remedy at law does not exist, grant an injunction restraining any person from operating as a nursery dealer without a valid license.
(2) An order restraining any person from operating as a nursery dealer without a valid license shall contain such provision for the payment of pertinent court costs and reasonable attorneys' fees and administrative expenses as is equitable and the court deems appropriate in the circumstances.
[ 2000 c 144 s 27; 1983 1st ex.s. c 73 s 7.]

catchline: Injunction to restrain operation as nursery dealer or Christmas tree grower without valid license—Costs, attorneys' fees, and expenses. (Effective until July 1, 2030.)


title: RCW 15.13.470

text:
(1) Except as provided in RCW 15.13.285 and in subsections (2), (3), and (4) of this section, all moneys collected under this chapter shall be paid to the director, deposited in an account within the agricultural local fund, and used solely for carrying out this chapter. No appropriation is required for the disbursement of moneys from the account by the director.
(2) All fees collected under RCW 15.13.310 shall be deposited in the planting stock certification account within the agricultural local fund to be used only for the Washington grapevine and fruit tree certification and nursery improvement programs as set forth in this chapter and chapter 15.14 RCW.
(3) All fees collected under RCW 15.13.311 shall be deposited in the Christmas tree account within the agricultural local fund to be used only for the Washington Christmas tree program as established under this chapter, which may include market surveys and research related to Christmas trees.
(4) All moneys collected for civil penalties under this chapter shall be deposited in the nursery research account within the agricultural local fund.
[ 2007 c 335 s 17; 2002 c 215 s 4; 2000 c 144 s 28; 1999 c 144 s 16; 1993 c 120 s 17; 1990 c 261 s 13; 1987 c 35 s 3; 1985 c 36 s 5; 1975 1st ex.s. c 257 s 1; 1971 ex.s. c 33 s 25.]
Notes:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
Effective date—1975 1st ex.s. c 257: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions and shall take effect on July 1, 1975." [ 1975 1st ex.s. c 257 s 13.]
PDF
RCW 15.13.470
Disposition of moneys collected under chapter—Expenditure. (Effective July 1, 2030.)
(1) Except as provided in RCW 15.13.285 and in subsections (2) and (3) of this section, all moneys collected under this chapter shall be paid to the director, deposited in an account within the agricultural local fund, and used solely for carrying out this chapter. No appropriation is required for the disbursement of moneys from the account by the director.
(2) All fees collected under RCW 15.13.310 shall be deposited in the planting stock certification account within the agricultural local fund to be used only for the Washington grapevine and fruit tree certification and nursery improvement programs as set forth in this chapter and chapter 15.14 RCW.
(3) All moneys collected for civil penalties under this chapter shall be deposited in the nursery research account within the agricultural local fund.
[ 2002 c 215 s 4; 2000 c 144 s 28; 1999 c 144 s 16; 1993 c 120 s 17; 1990 c 261 s 13; 1987 c 35 s 3; 1985 c 36 s 5; 1975 1st ex.s. c 257 s 1; 1971 ex.s. c 33 s 25.]
Notes:
Effective date—1975 1st ex.s. c 257: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions and shall take effect on July 1, 1975." [ 1975 1st ex.s. c 257 s 13.]

catchline: Disposition of moneys collected under chapter—Expenditure. (Effective until July 1, 2030.)


title: RCW 15.13.477

text:
The director may enter into compliance agreements with any person for the purpose of carrying out the provisions of this chapter.
[ 2000 c 144 s 29.]

catchline: Compliance agreements.


title: RCW 15.13.480

text:
The director may cooperate with and enter into contracts or agreements with governmental agencies of this state and other states, agencies of the federal government, and any other organization in order to carry out the purpose and provisions of this chapter.
The director may enter into agreements with the United States department of agriculture for the purpose of issuing phytosanitary certificates and other inspection documents, according to federal procedures, to facilitate the export of products from the state.
[ 2000 c 144 s 30; 1993 c 120 s 18; 1971 ex.s. c 33 s 26.]

catchline: Cooperative contracts or agreements to further chapter—Agreements to facilitate export.


title: RCW 15.13.490

text:
Any person who fails to comply with this chapter may be subject to:
(1) Denial, revocation, or suspension of the person's nursery dealer license or Christmas tree grower license; and/or
(2) A civil penalty in an amount of not more than one thousand dollars for each violation. Each violation shall be a separate and distinct offense. Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated this section and may be subject to the civil penalty provided in this section.
[ 2007 c 335 s 18; 2000 c 144 s 31; 1990 c 261 s 14; 1985 c 36 s 6; 1971 ex.s. c 33 s 27.]
Notes:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.
PDF
RCW 15.13.490
Compliance with chapter—Violation—Penalties. (Effective July 1, 2030.)
Any person who fails to comply with this chapter may be subject to:
(1) Denial, revocation, or suspension of the person's nursery dealer license; and/or
(2) A civil penalty in an amount of not more than one thousand dollars for each violation. Each violation shall be a separate and distinct offense. Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated this section and may be subject to the civil penalty provided in this section.
[ 2000 c 144 s 31; 1990 c 261 s 14; 1985 c 36 s 6; 1971 ex.s. c 33 s 27.]

catchline: Compliance with chapter—Violation—Penalties. (Effective until July 1, 2030.)


title: RCW 15.13.500

text:
The department shall immediately suspend any license issued under this chapter if the holder of the license has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for licensure during the suspension, reissuance of the license shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.
[ 2007 c 335 s 7.]
Notes:
Expiration date—2019 c 206; 2013 c 72; 2007 c 335: See note following RCW 15.13.250.

catchline: Suspension of license—Reissuance. (Expires July 1, 2030.)


title: RCW 15.13.920

text:
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1971 ex.s. c 33 s 22.]

catchline: Chapter cumulative and nonexclusive.


title: RCW 15.130.010

text:
The purpose of this chapter is to protect the public from adulteration, misbranding, and false advertisement of food in intrastate commerce. The intent is to promote uniformity with federal law, governmental transparency, and regulatory fairness.
[ 2018 c 236 s 1.]

catchline: Intent.


title: RCW 15.130.100

text:
(1) All references to a federal statute in this chapter mean the statute and its implementing regulations existing on June 7, 2018, or the date of such subsequent version as the department may adopt by rule.
(2) Where the referenced federal statute refers to the "secretary," the meaning for the purpose of this chapter is "secretary" or "director."
(3) A reference to a federal statute excludes any matters in the federal statute that are inapplicable to state jurisdiction.
[ 2018 c 236 s 101.]

catchline: Federal law reference.


title: RCW 15.130.110

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Advertisement" means all representations, other than by labeling, that directly or indirectly induce, or are likely to induce, the purchase of food.
(2) "Carrier" means a person who undertakes the professional conveyance of food.
(3) "Color additive" means the same as "color additive" in 21 U.S.C. Sec. 321.
(4) "Direct seller" means an entity that: (a) Receives prepackaged food from a food processor licensed or inspected, or both, by a state or federal regulatory agency or the department; (b) delivers the food directly to consumers who placed and paid for an order on the entity's website; (c) delivers food without opening the packaging and without dividing it into smaller packages; (d) provides no interim storage; and (e) delivers the food by means of vehicles equipped with either refrigeration or freezer units, or both. A direct seller is not a "carrier" under this chapter.
(5) "Food" means the same as "food" in 21 U.S.C. Sec. 321 and includes any article used for food or drink by humans or other animals.
(6) "Food additive" means the same as "food additive" in 21 U.S.C. Sec. 321.
(7) "Food facility" means any part of an operation, factory, establishment, or vehicle engaged in the sale, processing, storage, transport, or holding of food in intrastate commerce. A food facility includes, but is not limited to, grounds, premises, buildings, room, area, facilities, vehicles, appurtenances, and equipment.
(8) "Fish" means fresh or saltwater finfish and other forms of aquatic animal life intended for human consumption other than mollusks, birds, and mammals.
(9) "Intrastate commerce" means all commerce, including but not limited to the operation of any business or service establishment; and the manufacturing or processing of articles intended for sale, held for sale, sold, stored, transported, handled, or distributed in Washington state.
(10) "Label," "labeling" means the same as "label" and "labeling" in 21 U.S.C. Sec. 321.
(11) "Perishable packaged food" means all food intended for human consumption that is canned, bottled, or packaged at a time other than at the point of retail sale, has a risk of spoilage within thirty days, and is determined by the department in rule to be perishable. The term does not include raw agricultural commodities, alcoholic beverages, frozen foods, fresh meat, fresh poultry, fresh fish, and fresh shellfish.
(12) "Pesticide chemical" means any substance defined as a pesticide in chapter 15.58 RCW or recognized as a pesticide chemical under 21 U.S.C. Sec. 346.
(13) "Process," "processing" means manufacturing, processing, packing, canning, bottling, or any other production, preparation, or putting up.
(14) "Pull date" means the latest date a perishable packaged food may be offered for sale to the public.
(15) "Raw agricultural commodity" means the same as "raw agricultural commodity" in 21 U.S.C. Sec. 321.
(16) "Sale," "sell," "selling" means all parts of transactions concerning food including, but not limited to, advertising, offering, acceptance, dispensing, giving, delivering, serving, bartering, trading, or other supplying, holding for sale, and preparing for sale.
(17) "Shelf life" means the length of time a perishable packaged food retains its safe consumption quality if stored under proper temperature conditions.
(18) "Shellfish" means all crustaceans and mollusks intended for human consumption.
(19) "Storage" and "store" means holding, storing, or any other possessing.
[ 2018 c 236 s 102.]

catchline: Definitions.


title: RCW 15.130.120

text:
(1) The department must do all acts and things necessary to carry out and enforce the provisions of this chapter.
(2) The department must adopt rules as necessary to implement the purpose and provisions of this chapter.
(a) To the extent feasible, the rules must promote uniformity with the federal food, drug, and cosmetic act, as amended, 21 U.S.C. Sec. 301 et seq., and regulations adopted under it.
(b) To promote such uniformity, the department may conduct expedited rule making under chapter 34.05 RCW to adopt a subsequent version of a federal statute or regulation referenced in this chapter and adopt amendments to federal regulations that the department has previously adopted as rule.
(3) In accordance with subsection (2) of this section, the department may establish by rule:
(a) Standards for food including, but not limited to, identity, quality, and fill;
(b) Tolerance standards for any substance, including pesticides, color additives, and food additives used in or on food, but potentially harmful to humans or animals; and
(c) Uniform standards for pull date labeling and storage conditions for perishable packaged foods.
(4) The department must investigate violations or possible violations of this chapter or the rules adopted under it.
(5) The department may cooperate with and enter into agreements with other state, federal, or local governmental agencies in carrying out the purpose and provisions of this chapter.
(6) The department may notify the public about food safety issues and enforcement actions under this chapter.
(7) Rules that the department adopted under the authority of chapter 69.04 RCW remain effective until June 30, 2022, or until the department repeals or amends the rules, whichever is first.
[ 2018 c 236 s 103.]

catchline: Department's general powers.


title: RCW 15.130.130

text:
Chapter 34.05 RCW governs the administration of this chapter including but not limited to rule making, assessment of civil penalties, orders, emergency actions, and license suspension, revocation, or denial.
[ 2018 c 236 s 104.]

catchline: Administrative procedure act.


title: RCW 15.130.140

text:
(1) Food in transit from one processing facility to another processing facility to complete its preparation for sale is exempt from the labeling requirements of this chapter, but is otherwise subject to all applicable provisions of this chapter.
(2) This chapter is not applicable to kosher food to the extent necessary to produce kosher food products as defined in RCW 69.90.010.
(3) This chapter is not applicable to halal food to the extent necessary to produce halal food as defined in RCW 69.91.010.
[ 2024 c 245 s 5; 2018 c 236 s 105.]

catchline: Exemptions.


title: RCW 15.130.150

text:
The following information or records obtained from the federal food and drug administration pursuant to a contract or commissioning agreement is exempt from public inspection and copying under chapter 42.56 RCW to the extent it is exempt from disclosure under 5 U.S.C. Sec. 552, the federal freedom of information act: Trade secrets; confidential commercial information; information under the federal deliberative process privilege; information compiled for law enforcement purposes; and information expressly required to be kept confidential by other federal laws.
[ 2019 c 337 s 2.]
Notes:
Findings—Intent—2019 c 337: "The legislature finds that the United States food and drug administration has stopped sharing nonpublic information with the Washington state department of agriculture and has indicated that unless the state can protect nonpublic food and drug administration information from disclosure consistent with federal law, the food and drug administration may discontinue future contracts and cooperative agreements with the Washington state department of agriculture for food safety, feed safety, rapid response, and laboratory programs. The legislature further finds that the loss of these contracts and cooperative agreements would result in significant reductions in state food safety funding, staffing, and infrastructure. The loss of certain nonpublic information diminishes the department of agriculture's ability to respond to food-related public health emergencies and degrades the department of agriculture's capacity to support the movement of state agricultural products in interstate and international commerce. The legislature therefore intends to exempt United States food and drug administration nonpublic information from disclosure under the state public disclosure act when the department of agriculture obtains such information or records in the course of a federal contract or commissioning agreement entered into under the authority of chapter 15.130 RCW, the food safety and security act." [ 2019 c 337 s 1.]

catchline: Federal food and drug administration information—Public disclosure exemptions.


title: RCW 15.130.200

text:
(1) A person may not:
(a) Cause or intend to cause adulteration of food in intrastate commerce;
(b) Sell, process, or store adulterated food in intrastate commerce; or
(c) Receive for the purpose of sale in intrastate commerce food known to be adulterated.
(2) Food is adulterated if it is adulterated within the meaning of 21 U.S.C. Sec. 342, or is adulterated in accordance with department rules.
[ 2018 c 236 s 201.]

catchline: Adulterated food prohibited.


title: RCW 15.130.210

text:
(1) A person may not:
(a) Cause or intend to cause misbranded food in intrastate commerce;
(b) Sell, process, or store misbranded food in intrastate commerce; or
(c) Receive for the purpose of sale in intrastate commerce food known to be misbranded.
(2) Food is misbranded if it is misbranded within the meaning of 21 U.S.C. Sec. 321(n) or 21 U.S.C. Sec. 343, falsely represents its place or origin, or is not labeled and packaged in accordance with department rules.
[ 2018 c 236 s 202.]

catchline: Misbranded food prohibited.


title: RCW 15.130.220

text:
(1) A person may not disseminate false advertising with respect to food within the state, in any manner or by any means or through any medium.
(2) An advertisement of a food is false if it is false or misleading in any particular or if it is false or misleading within the meaning of 21 U.S.C. Sec. 321(n).
[ 2018 c 236 s 203.]

catchline: False advertisement prohibited.


title: RCW 15.130.230

text:
A person may not change, mutilate, destroy, obliterate, or remove any part of food labeling, or do any other act that results in a food being adulterated or misbranded after shipment in intrastate commerce and while the food is held for sale.
[ 2018 c 236 s 204.]

catchline: Alteration prohibited.


title: RCW 15.130.240

text:
A person may not knowingly or intentionally give a false guarantee or falsely warrant that food complies with this chapter.
[ 2018 c 236 s 205.]

catchline: False warranty or guarantee prohibited.


title: RCW 15.130.300

text:
(1) All perishable packaged foods in intrastate commerce with a projected shelf life of thirty days or less must state a pull date on the package.
(2) The pull date must be stated by month and day and be in a style and format that is readily decipherable by consumers.
(3) A person may not offer perishable packaged food for sale after the pull date, except that if clearly identified as past the pull date, packaged perishable food with an expired pull date may be sold if still wholesome and without danger to health.
(4) A person may not rewrap or repackage perishable packaged food with the intention of providing a pull date different from the original.
(5) The department may exclude the monthly requirement from the pull date for perishable packaged food with a shelf life of seven days or less.
(6) The department must consult with the secretary of the department of health when appropriate in adopting rules to establish uniform standards for pull date labeling and optimum storage conditions for perishable packaged food.
[ 2018 c 236 s 301.]

catchline: Perishable packaged food—Pull dates.


title: RCW 15.130.310

text:
(1) Theaters and other commercial food establishments that prepare and sell popcorn for human consumption must post a sign in a conspicuous location identifying whether butter or butter-like flavoring added to or attributed to the popcorn offered for sale is butter or some other product. If another product, the sign must also disclose the ingredients of the product.
(2) Popcorn sold or offered for sale in violation of this section and rules adopted by the department prescribing the size and content of the sign is misbranded for the purposes of this chapter.
(3) This provision does not apply to prepackaged popcorn labeled in compliance with applicable law.
(4) "Butter," as used in this section, means the food product usually known as butter and made exclusively from milk or cream, or both with or without common salt, and with or without additional coloring matter, and containing not less than eighty percent by weight of milkfat, all tolerance having been allowed for.
[ 2018 c 236 s 302.]

catchline: Popcorn sold in theaters or commercial food establishments.


title: RCW 15.130.400

text:
(1) Unless otherwise provided, the provisions in this section apply to a license or certificate issued under this chapter.
(2) Applicants for a new or renewal license issued by the department must submit applications on forms prescribed by the department.
(3) The license fee must accompany any application submittal.
(4) The department must adopt rules for an annual license and renewal fee to defray the costs of administering a licensing program, including inspections.
(5) The department must issue a license to the applicant if the application is complete and the applicant's food facility complies with this chapter, including the rules adopted under it.
[ 2018 c 236 s 401.]

catchline: General license administration.


title: RCW 15.130.410

text:
(1) A person may not operate as a direct seller without a license issued by the department.
(2) A licensed direct seller must transport food under conditions that protect food against physical, chemical, and microbial contamination, as well as against deterioration of the food and its container. This includes, but is not limited to, the separation of raw materials in a manner to avoid cross-contamination of other food and ensure that raw materials that inherently contain pathogenic and spoilage microorganisms, soil, or other foreign material, do not come into direct contact with other food.
(3) In the event of a food recall or when required by the department or a federal, state, or local health authority in response to a foodborne illness outbreak, a licensed direct seller must use its client listserv to notify its customers of the recall and other relevant information.
(4) A direct seller license must comply with the definition of a direct seller in this chapter and:
(a) Provide the department with a list of all leased, rented, or owned vehicles, other than vehicles that are rented for fewer than forty-five days, used by the applicant's business to deliver food;
(b) Maintain all records of vehicles rented for fewer than forty-five days for at least twelve months following the termination of the rental period; and
(c) Maintain food temperature logs or use a device to monitor the temperature of the packages in real time for all food while in transport.
(5) The department shall pay all moneys received under this section into the food processing inspection account created in RCW 69.07.120. The department must use such funds solely to carry out the provisions of this section.
(6) In the implementation of this section, the department must:
(a) Conduct inspections of vehicles, food handling areas, refrigeration equipment, and product packaging used by a licensed direct seller;
(b) Conduct audits of temperature logs and other food handling records as appropriate;
(c) Investigate complaints against a licensed direct seller for the failure to maintain food safety; and
(d) Adopt rules, in consultation with the department of health and local health jurisdictions, necessary to administer and enforce the program consistent with federal regulations.
(7) Direct sellers that have a license from the department under this section are exempt from the permitting requirements of food service rules adopted by the state board of health and local health jurisdictions.
[ 2018 c 236 s 402.]

catchline: Direct seller license.


title: RCW 15.130.420

text:
(1) Any person authorized by the department to operate a food facility must provide the department access for inspection to any part, portion, or area of the food facility or its records subject to the authorization.
(2) When possible, the department must make any such inspection during regular business hours or during a working shift of the food facility, except that the department may inspect such food facility at any time upon information of conditions that constitute immediate danger to public health.
[ 2018 c 236 s 403.]

catchline: Inspections.


title: RCW 15.130.430

text:
(1) The department may deny, suspend, or revoke a license issued by the department upon determining that an applicant or licensee has:
(a) Refused, neglected, or failed to comply with the provisions of this chapter or the rules adopted under it, or a lawful order of the department;
(b) Refused, neglected, or failed to keep and maintain required records or to make such records available when requested; and
(c) Refused the department access to a portion or area of the food facility for the purpose of carrying out the purposes of this chapter.
(2) In addition to or instead of suspending or revoking a license, the department may impose and collect a civil monetary penalty as provided in RCW 15.130.550 for a licensee's violations of this chapter or the rules adopted under it.
[ 2018 c 236 s 404.]

catchline: License denial, suspension, or revocation—Penalties.


title: RCW 15.130.500

text:
(1) At reasonable times, the department may enter any food facility to inspect such food facility and all pertinent equipment, finished and unfinished materials, containers, labeling, and advertisements and take samples for compliance with this chapter and the rules adopted under it.
(2) The department may take product or ingredient samples of food at food facilities or in intrastate commerce upon payment of the market price, if requested. The department must allow the owner of the food or any person named on the label of the food to conduct independent sampling.
(3) To enforce this chapter, the department may inspect the pertinent records of any state agency.
(4) When the department presents a written request specifying the food under investigation, carriers engaged in intrastate commerce and persons receiving or holding food in intrastate commerce must permit the department reasonable access to and allow the department to copy all records showing the movement or holding in intrastate commerce of food, its quantity, shipper, and consignee. Evidence obtained under this section may not be used in a criminal prosecution of the person who provides access to records under this section.
(5) An owner or other person in control of a food facility or food in intrastate commerce may not refuse to allow the department's investigation under this chapter, if the department has probable cause to conduct the investigation.
[ 2018 c 236 s 501.]

catchline: Investigation.


title: RCW 15.130.510

text:
(1) Regardless of the existence of other remedies at law, the department may bring an action to enjoin the violation of this chapter or the rules adopted under it in the superior court of Thurston county or in a court of competent jurisdiction.
(2) When the injunction concerns dissemination of false advertisement and the court determines that the injunction would delay the regular distribution of a printed issue of a newspaper, magazine, periodical, or other print publication, the court must exclude the issue from the scope of the injunction.
[ 2018 c 236 s 502.]

catchline: Injunction.


title: RCW 15.130.520

text:
(1) If the department has probable cause to believe that a food that violates a provision of this chapter and stopping its movement in intrastate commerce is necessary to protect public health, the department may initiate an embargo prohibiting transportation, distribution, or sale of the food.
(2) The department must provide an opportunity for an emergency adjudicative proceeding under chapter 34.05 RCW within twenty days of initiating the embargo action and provide notice to other governmental authorities having jurisdiction.
(3) The department must initiate the embargo action by (a) posting or affixing an embargo order on or at the location of the food or (b) delivering an embargo order to the party in control of the food. The order must specify the food under embargo, set forth the department's intent for disposition of the food, give notice of emergency hearing rights, and otherwise comply with the requirements for an emergency adjudicative proceeding under chapter 34.05 RCW. Disposition of the food may include, but is not limited to, destruction or correction or cure of the violation.
(4) A person may not transport, distribute, or sell food subject to an embargo order without the department's written approval.
(5) A person may not remove, mutilate, or destroy an embargo order without the department's written approval.
(6) The department must immediately withdraw or remove an embargo order upon discovery that the food does not violate any provision of this chapter.
(7) A court shall not allow recovery of damages in an embargo action if the court finds that there was probable cause for such action.
[ 2018 c 236 s 503.]

catchline: Embargo.


title: RCW 15.130.530

text:
Consistent with constitutional requirements, the department may take condemnation action against food, which may include ordering destruction of the food, if the department has probable cause to believe that immediate containment or destruction of the food is necessary to protect public health. A court shall not allow recovery of damages in a condemnation action if the court finds that there was probable cause for such action.
[ 2018 c 236 s 504.]

catchline: Condemnation.


title: RCW 15.130.540

text:
(1) If a class of food manufactured, processed, or packed in a locality is possibly contaminated with microorganisms injurious to health and the extent of injury cannot be determined once the food has entered into intrastate commerce, the department may adopt emergency rules for the manufacture, processing, or packing of that class of food in that locality. The rules must include the conditions necessary to protect public health and provide for the department to issue temporary permits during the emergency period.
(2) A person may not manufacture, process, or pack the class of food subject to the emergency unless holding a temporary permit under the emergency rules and complying with the conditions of the permit.
(3) To the extent practicable, such emergency rules must conform to federal emergency regulations, if any, addressing the same subject.
(4) A person may not introduce or deliver in intrastate commerce food that violates the requirements of this provision.
(5) A person may not falsely represent that food subject to temporary emergency rule complies with those rules through the use of a mark stamp, tag, label, or other counterfeit or false identification device.
(6) The department may immediately suspend a temporary emergency permit when its holder violates the conditions of the permit.
[ 2018 c 236 s 505.]

catchline: Temporary emergency rules.


title: RCW 15.130.550

text:
(1) The department may impose upon and collect a civil penalty from a person violating this chapter or the rules adopted under it.
(2) The civil penalty must not exceed one thousand dollars per violation per day, except the civil penalty for a violation of pull date requirements in RCW 15.130.300 must not exceed five hundred dollars.
(3) Each violation of this section is a separate and distinct offense.
[ 2018 c 236 s 506.]

catchline: Civil monetary penalty.


title: RCW 15.130.560

text:
(1) A person who knowingly violates RCW 15.130.200 through 15.130.240, 15.130.500, 15.130.520, or 15.130.540 is guilty of a misdemeanor subject to a penalty of not more than two hundred dollars.
(2) A person who knowingly violates RCW 15.130.200 through 15.130.240, 15.130.500, 15.130.520, or 15.130.540 following a first offense under subsection (1) of this section is guilty of a misdemeanor subject to a penalty of imprisonment for not more than thirty days or a fine of not more than five hundred dollars, or both.
(3) A person who knowingly violates RCW 15.130.200 through 15.130.240, 15.130.500, 15.130.520, or 15.130.540 with intent to defraud or mislead is guilty of a misdemeanor subject to a penalty of imprisonment for not more than ninety days or a fine of not more than one thousand dollars, or both.
(4) Before reporting a violation for criminal prosecution, the department must provide the affected person with notice and opportunity to present oral or written comment to the department.
[ 2018 c 236 s 507.]

catchline: Criminal penalties.


title: RCW 15.130.570

text:
(1) A person who receives, holds, or sells adulterated or misbranded food is not subject to civil monetary or criminal penalties under this chapter if the person:
(a) Establishes that receipt or sale of the food was in good faith;
(b) Furnishes the identity of the entity from whom the food was received; and
(c) Provides copies of all documents pertaining to the receipt and distribution of the food.
(2) If food is found to be adulterated or misbranded, a person who has given guarantee or warranty that the food complies with this chapter is not subject to civil monetary or criminal penalties under this chapter if the person:
(a) Establishes that the guarantee or warranty was in good faith and in reliance on the guarantee or warranty by another entity;
(b) Furnishes the identity of the entity providing the guarantee or warranty under (a) of this subsection; and
(c) Provides copies of all documents pertaining to the receipt and distribution of the food.
(3) No publisher, broadcaster, or other disseminator of advertisement prepared by others is subject to civil or criminal penalties if the person establishes that receipt of the advertisement was in good faith and the person furnishes the identity of the entity that caused or created a false advertisement.
[ 2018 c 236 s 508.]

catchline: Avoidance of penalty.


title: RCW 15.130.580

text:
(1) The department may refer a violation of this chapter or the rules adopted under it to a state, county, or city attorney, who may initiate proceedings as appropriate and prosecute the matter as prescribed by law.
(2) This chapter does not require the department to refer minor violations of this chapter for legal proceedings if public interest is adequately served in the circumstances by written notice or warning.
[ 2018 c 236 s 509.]

catchline: Proceedings.


title: RCW 15.130.900

text:
This chapter may be known and cited as the food safety and security act.
[ 2018 c 236 s 901.]

catchline: Short title.


title: RCW 15.130.901

text:
This chapter and the rules adopted under it must be construed to promote uniformity with federal acts and regulations relating to adulteration, misbranding, and false advertising of food.
[ 2018 c 236 s 902.]

catchline: Construction.


title: RCW 15.135.010

text:
The purpose of this chapter is to assist Washington produce farmers in implementation of the produce safety rule adopted by the United States food and drug administration pursuant to the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 301 et seq., as amended by the federal food safety modernization act (P.L. 111-353).
[ 2018 c 106 s 1.]

catchline: Intent.


title: RCW 15.135.020

text:
A reference to a federal statute in this chapter means the statute and its implementing regulations existing on June 7, 2018, or as updated by the department by rule.
[ 2018 c 106 s 2.]

catchline: Federal law reference.


title: RCW 15.135.030

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Farm" means the same as "farm" in 21 C.F.R. Sec. 112.
(2) "Produce" means the same as "produce" in 21 C.F.R. Sec. 112.
(3) "Produce safety rule" means the standards for the growing, harvesting, packing, and holding of produce for human consumption adopted by the United States food and drug administration as a final rule on November 27, 2015 (80 Federal Register 74353 et seq.) and codified in 21 C.F.R. Parts 11, 16, and 112.
[ 2018 c 106 s 3.]

catchline: Definitions.


title: RCW 15.135.040

text:
The department may take actions necessary to cooperate in implementation of the produce safety rule including, but not limited to, entering into cooperative agreements with the United States food and drug administration, conducting the compliance verification activities under RCW 15.135.060, enforcing regulatory compliance, and accepting federal funding to carry out such activities. The department may cooperate with the United States food and drug administration in implementation of the produce safety rule only to the extent that the department receives federal funding for such activities.
[ 2018 c 106 s 4.]

catchline: Federal cooperation program.


title: RCW 15.135.050

text:
(1) The department may establish a voluntary program for farms exempt or partially exempt from the produce safety rule to verify that such farms comply with the rule. This includes, but is not limited to, conducting the compliance verification activities under RCW 15.135.060.
(2) Farms participating in the voluntary compliance program must bear the cost of the program. The director must periodically adopt, by rule, fees of no more than is necessary to defray costs of compliance verification activities and program administration.
[ 2018 c 106 s 5.]

catchline: Voluntary compliance program.


title: RCW 15.135.060

text:
The department may take the following actions to verify produce farm compliance with the produce safety rule.
(1) Maintain a database of produce farms that are covered by the produce safety rule, exempt from the rule, or eligible for a qualified exemption;
(2) In compliance with law and at reasonable times, enter produce farms solely for the purpose of this chapter to:
(a) Sample and test water for microbial water quality criteria;
(b) Inspect and sample biological soil amendments, storage areas, and fields for compliance with microbial criteria;
(c) Inspect application of biological soil amendments to evaluate contact or potential contact with produce;
(d) Inspect for the presence and management of domesticated and wild animals; and
(e) Inspect equipment, tools, and buildings for adequate sanitation; and
(3) Require and receive records and data submitted by produce farms to verify compliance with the produce safety rule.
[ 2018 c 106 s 6.]

catchline: Compliance verification activities.


title: RCW 15.135.070

text:
This chapter does not alter or impair the department's authority for regulating food in intrastate commerce under chapter 15.130 RCW. The department may use its authority for regulating food in intrastate commerce under chapter 15.130 RCW to carry out and enforce the provisions of this chapter. For the purposes of this chapter, farms subject to the produce safety rule are engaged in intrastate commerce of food.
[ 2018 c 106 s 7.]

catchline: Department's existing authority.


title: RCW 15.135.080

text:
(1) The department must adopt rules as necessary to implement the purpose and provisions of this chapter.
(2) By rule, the director may adopt a subsequent version of a federal statute or regulation referenced in this chapter.
[ 2018 c 106 s 8.]

catchline: Rule making.


title: RCW 15.135.090

text:
A produce safety account is hereby established in the agricultural local fund established in RCW 43.23.230. All moneys received under this chapter must be paid into the produce safety account and used solely to carry out the produce safety programs.
[ 2018 c 106 s 9.]

catchline: Disposition of funds.


title: RCW 15.135.100

text:
(1) Any information or record obtained directly from the federal government or from others under a contract with the federal government is exempt from public inspection and copying under chapter 42.56 RCW if the information or record is exempt from disclosure under federal law including, but not limited to, the federal freedom of information act.
(2) Any portion of a record obtained by the department pursuant to this chapter is exempt from public inspection and copying under chapter 42.56 RCW if it is personal financial information, proprietary data, or trade secrets and the person submitting the record to the department has designated the information as personal financial information, proprietary data, or trade secrets.
[ 2018 c 106 s 10.]

catchline: Certain records not subject to public disclosure.


title: RCW 15.135.900

text:
This chapter may be known and cited as the produce safety rule implementation act.
[ 2018 c 106 s 12.]


title: RCW 15.14.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of agriculture of the state of Washington.
(2) "Director" means the director of the department or the director's designee.
(3) "Person" means an individual, firm, partnership, corporation, company, association, or public entity and every officer, agent, or employee of these entities.
(4) "Plant pests" means, but is not limited to, any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or weeds or reproductive parts thereof, viruses or any organisms similar to or allied with any of the foregoing, or any infectious substance, which can directly or indirectly injure or cause disease or damage to any plant or parts thereof, or any processed, manufactured, or other products of plants.
(5) "Micropropagated plants" means plants propagated using aseptic laboratory techniques and an artificial culture medium.
(6) "Tolerance" means the maximum acceptable percentage of planting stock that is diseased, infected by plant pests, defective, or off-type based on visual inspection or laboratory testing by the director or other authorized person.
(7) "Planting stock" includes any plant material used in the propagation of horticultural, floricultural, viticultural, or olericultural plants for the purpose of being sold, offered for sale, or distributed for planting or reproduction purposes.
(8) "Breeder planting stock" means plant propagating materials directly controlled by the originating or sponsoring plant breeder or institution, which provides the source of foundation planting stock.
(9) "Foundation planting stock" means planting stock that has been so handled as to maintain genetic characteristics and that has been:
(a) Increased directly from breeder planting stock; or
(b) Designated as foundation planting stock by the director.
(10) "Registered planting stock" means planting stock of a quality suitable for the production of certified planting stock that has been so handled as to maintain genetic characteristics and that is:
(a) Increased directly from foundation or registered planting stock; or
(b) Designated as registered planting stock by the director.
(11) "Certified planting stock" means the progeny of foundation, registered, or certified planting stock that has been so handled as to maintain genetic characteristics, that has met certification standards authorized by this chapter, and that has been certified by the director.
[ 1999 c 144 s 1; 1989 c 354 s 84; 1983 c 3 s 19; 1961 c 83 s 1.]
Notes:
Effective date—1989 c 354 ss 70-81 and 84-86: See note following RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.