title: RCW 17.21.110

text:
It is unlawful for any person to act as an employee of a commercial pesticide applicator and apply pesticides manually or as the operator directly in charge of any apparatus which is licensed or should be licensed under this chapter for the application of any pesticide, without having obtained a commercial pesticide operator license from the director. The commercial pesticide operator license is in addition to any other license or permit required by law for the operation or use of any such apparatus. Application for a commercial operator license must be accompanied by a fee of seventy-eight dollars. This section does not apply to any individual who is a licensed commercial pesticide applicator.
[ 2021 c 244 s 9; 2008 c 285 s 22; 1997 c 242 s 12; 1994 c 283 s 10; 1993 sp.s. c 19 s 5; 1992 c 170 s 5; 1991 c 109 s 31; 1989 c 380 s 40; 1981 c 297 s 22; 1967 c 177 s 6; 1961 c 249 s 11.]
Notes:
Effective date—2021 c 244: See note following RCW 15.58.070.
Effective date—2008 c 285 ss 15-26: See note following RCW 15.58.070.
Intent—Captions not law—2008 c 285: See notes following RCW 43.22.434.
Effective date—1997 c 242: See note following RCW 15.58.070.
Severability—1981 c 297: See note following RCW 15.36.201.

catchline: Commercial pesticide operator license—Requirements.


doc_type: statute

jurisdiction: wa

title: RCW 17.21.122

text:
It is unlawful for any person to act as a private-commercial pesticide applicator without having obtained a private-commercial pesticide applicator license from the director. Application for a private-commercial pesticide applicator license must be accompanied by a fee of thirty-eight dollars.
[ 2021 c 244 s 10; 2008 c 285 s 23; 1997 c 242 s 13; 1994 c 283 s 11; 1993 sp.s. c 19 s 6; 1992 c 170 s 6; 1991 c 109 s 32; 1989 c 380 s 41; 1979 c 92 s 6.]
Notes:
Effective date—2021 c 244: See note following RCW 15.58.070.
Effective date—2008 c 285 ss 15-26: See note following RCW 15.58.070.
Intent—Captions not law—2008 c 285: See notes following RCW 43.22.434.
Effective date—1997 c 242: See note following RCW 15.58.070.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Private-commercial pesticide applicator license—Requirements.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 17.21.126

text:
It is unlawful for any person to act as a private applicator, limited private applicator, or rancher private applicator without first complying with requirements determined by the director as necessary to prevent unreasonable adverse effects on the environment, including injury to the pesticide applicator or other persons, for each specific pesticide use.
(1) Certification standards to determine the individual's competency with respect to the use and handling of the pesticide or class of pesticides for which the private applicator, limited private applicator, or rancher private applicator is certified must be relative to hazards of the particular type of application, class of pesticides, or handling procedure. In determining these standards the director must take into consideration standards of the EPA and is authorized to adopt these standards by rule.
(2) Application for a private applicator license must be accompanied by a fee of thirty-eight dollars. Application for a limited private applicator license must be accompanied by a fee of thirty-three dollars. Application for a rancher private applicator license must be accompanied by a fee of one hundred three dollars. Individuals with a valid certified applicator license, pest control consultant license, or dealer manager license who qualify in the appropriate statewide or agricultural license categories are exempt from the private applicator, limited private applicator, or rancher private applicator fee requirements. However, licensed public pesticide operators, otherwise exempted from the public pesticide operator license fee requirement, are not also exempted from the fee requirements under this subsection.
[ 2021 c 244 s 11; 2008 c 285 s 24; 2004 c 100 s 2; 1997 c 242 s 14; 1994 c 283 s 12; 1993 sp.s. c 19 s 7; 1992 c 170 s 7; 1991 c 109 s 33; 1989 c 380 s 42; 1979 c 92 s 8.]
Notes:
Effective date—2021 c 244: See note following RCW 15.58.070.
Effective date—2008 c 285 ss 15-26: See note following RCW 15.58.070.
Intent—Captions not law—2008 c 285: See notes following RCW 43.22.434.
Effective date—2004 c 100: See note following RCW 17.21.020.
Effective date—1997 c 242: See note following RCW 15.58.070.

catchline: Private applicator, limited private applicator, or rancher private applicator—Requirements—Application for license—Fees.


title: RCW 17.21.128

text:
(1) The director may renew any certification or license issued under authority of this chapter subject to the recertification standards identified in subsection (2) of this section or an examination requiring new knowledge that may be required to apply pesticides.
(2) Except as provided in subsection (3) of this section, all individuals licensed under this chapter shall meet the recertification standards identified in (a) or (b) of this subsection, every five years, in order to qualify for continuing licensure.
(a) Licensed pesticide applicators may qualify for continued licensure through accumulation of recertification credits.
(i) Private applicators shall accumulate a minimum of twenty department-approved credits every five years with no more than ten credits allowed per year;
(ii) Limited private applicators shall accumulate a minimum of eight department-approved credits every five years. All credits must be applicable to the control of weeds with at least one-half of the credits directly related to weed control and the remaining credits in topic areas indirectly related to weed control, such as the safe and legal use of pesticides;
(iii) Rancher private applicators shall accumulate a minimum of twelve department-approved credits every five years;
(iv) All other license types established under this chapter shall accumulate a minimum of forty department-approved credits every five years with no more than fifteen credits allowed per year.
(b) Certified pesticide applicators may qualify for continued licensure through meeting the examination requirements necessary to become licensed in those areas in which the licensee operates.
(3) At the termination of a licensee's five-year recertification period, the director may waive the requirements identified in subsection (2) of this section if the licensee can demonstrate that he or she is meeting comparable recertification standards through another state or jurisdiction or through a federal environmental protection agency approved government agency plan.
[ 2005 c 397 s 1; 2004 c 100 s 3; 1994 c 283 s 13; 1986 c 203 s 9; 1979 c 92 s 9.]
Notes:
Effective date—2004 c 100: See note following RCW 17.21.020.

catchline: Renewal of certificate or license—Recertification standards.


title: RCW 17.21.129

text:
Except as provided in RCW 17.21.203, it is unlawful for a person to use or supervise the use of any experimental use pesticide or any restricted use pesticide on small experimental plots for research purposes when no charge is made for the pesticide and its application without a demonstration and research applicator's license.
(1) Application for a demonstration and research license must be accompanied by a fee of forty-three dollars.
(2) Persons licensed under this section are exempt from the requirements of RCW 17.21.160, 17.21.170, and 17.21.180.
[ 2021 c 244 s 12; 2008 c 285 s 25; 1997 c 242 s 15; 1994 c 283 s 14; 1993 sp.s. c 19 s 8; 1992 c 170 s 8; 1991 c 109 s 34; 1989 c 380 s 43; 1987 c 45 s 30; 1981 c 297 s 26.]
Notes:
Effective date—2021 c 244: See note following RCW 15.58.070.
Effective date—2008 c 285 ss 15-26: See note following RCW 15.58.070.
Intent—Captions not law—2008 c 285: See notes following RCW 43.22.434.
Effective date—1997 c 242: See note following RCW 15.58.070.
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.
Severability—1981 c 297: See note following RCW 15.36.201.

catchline: Demonstration and research license—Fees—Requirements.


title: RCW 17.21.130

text:
(1) Any license, permit, or certification provided for in this chapter may be revoked or suspended, and any license, permit, or certification application may be denied by the director for cause. If the director suspends a license under this chapter with respect to activity of a continuing nature under chapter 34.05 RCW, the director may elect to suspend the license for a subsequent license year during a period that coincides with the period commencing 30 days before and ending 30 days after the date of the incident or incidents giving rise to the violation.
(2) The director shall immediately suspend the license or certificate of a person who 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 reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
(3) The director may elect to suspend or revoke any license or certification that is based in whole or in part on a license or certification from another state or jurisdiction upon notification that the applicator's original certification was terminated because the certified applicator has been convicted under section 14(b) of FIFRA or has been subject to a final order imposing a civil penalty under section 14(a) of FIFRA.
[ 2023 c 186 s 2; 1997 c 58 s 877; 1994 c 283 s 15; 1989 c 380 s 46; 1986 c 203 s 10; 1961 c 249 s 13.]
Notes:
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.

catchline: Revocation, suspension, or denial.


title: RCW 17.21.132

text:
Any person applying for a license or certification authorized under the provisions of this chapter shall file an application on a form prescribed by the director.
(1) The application shall state the license or certification and the classification(s) for which the applicant is applying and the method in which the pesticides are to be applied.
(2) For all classes of licenses, all applicants shall be at least 18 years of age on the date that the application is made.
(3) Application for a license to apply pesticides shall be accompanied by the required fee. No license may be issued until the required fee has been received by the department.
(4) Each classification of license issued under this chapter except the limited private applicator and the rancher private applicator expires annually on a date set by rule by the director. Limited and rancher private applicator licenses expire on the fifth December 31st after issuance. Renewal applications shall be filed on or before the applicable expiration date.
[ 2023 c 186 s 3; 2004 c 100 s 4; 1997 c 242 s 16; 1994 c 283 s 16; 1991 c 109 s 35; 1989 c 380 s 44.]
Notes:
Effective date—2004 c 100: See note following RCW 17.21.020.


title: RCW 17.21.134

text:
(1) The director shall not issue a commercial pesticide applicator license until the applicant, if he or she is the sole owner and manager of the business has passed examinations in all classifications that the business operates. If there is more than one owner or the owner does not participate in the pesticide application activities, the person managing the pesticide application activities of the business shall be licensed in all classifications that the business operates. The director shall not issue a commercial pesticide operator, public operator, private commercial applicator, or demonstration and research applicator license until the applicant has passed an examination demonstrating knowledge of:
(a) How to apply pesticides under the classification for which he or she has applied, manually or with the various apparatuses that he or she may operate;
(b) The nature and effect of pesticides he or she may apply under such classifications; and
(c) Any other matter the director determines to be a necessary subject for examination.
(2) The director may charge examination fees established by the director by rule. The director may administer or contract with a public or private third-party entity to administer any or all parts of either the examination or the collection of examination fees, or both. Examinations administered by third-party entities must be the same as the examination that would otherwise be administered by the department. The department may direct that the applicant pay the fees to the third-party entity in accordance with department rules governing third-party examinations and fees.
(3) The director may prescribe separate testing procedures and requirements for each license.
[ 2020 c 180 s 4; 1994 c 283 s 17; 1989 c 380 s 45.]

catchline: Licenses—Examination requirements—Fees.


title: RCW 17.21.140

text:
(1) If the application for renewal of any license provided for in this chapter is not filed on or prior to the expiration date of the license under this chapter or as set by rule by the director, a penalty of twenty-five dollars for the commercial pesticide applicator's license and the rancher private applicator license, and a penalty equivalent to the license fee for any other license, shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license is issued. However, the penalty does not apply if the applicant furnishes an affidavit certifying that he or she has not acted as a licensee subsequent to the expiration of the license.
(2) Any license for which a timely renewal application has been made, all other requirements have been met, and the proper fee paid, continues in full force and effect until the director notifies the applicant that the license has been renewed or the application has been denied.
[ 2004 c 100 s 5; 1991 c 109 s 36; 1989 c 380 s 47; 1961 c 249 s 14.]
Notes:
Effective date—2004 c 100: See note following RCW 17.21.020.

catchline: Renewal—Delinquency.


title: RCW 17.21.150

text:
A person who has committed any of the following acts is declared to be in violation of this chapter:
(1) Made false or fraudulent claims through any media, misrepresenting the effect of materials or methods to be utilized;
(2) Applied worthless or improper pesticides;
(3) Operated a faulty or unsafe apparatus;
(4) Operated in a faulty, careless, or negligent manner;
(5) Refused or neglected to comply with the provisions of this chapter, the rules adopted hereunder, or of any lawful order of the director including a final order of the director directing payment of a civil penalty. In an adjudicative proceeding arising from the department's denial of a license for failure to pay a civil penalty the subject shall be limited to whether the payment was made and the proceeding may not be used to collaterally attack the final order;
(6) Refused or neglected to keep and maintain the pesticide application records required by rule, or to make reports when and as required;
(7) Made false or fraudulent records, invoices, or reports;
(8) Acted as a certified applicator without having provided direct supervision to an unlicensed person;
(9) Operated an unlicensed apparatus or an apparatus without a license plate issued for that particular apparatus;
(10) Used fraud or misrepresentation in making an application for a license or renewal of a license;
(11) Is not qualified to perform the type of pest control under the conditions and in the locality in which he or she operates or has operated, regardless of whether or not he or she has previously passed a pesticide license examination;
(12) Aided or abetted a licensed or an unlicensed person to evade the provisions of this chapter, combined or conspired with such a licensed or an unlicensed person to evade the provisions of this chapter, or allowed one's license to be used by an unlicensed person;
(13) Knowingly made false, misleading, or erroneous statements or reports during or after an inspection concerning any infestation or infection of pests found on land or in connection with any pesticide complaint or investigation;
(14) Impersonated any state, county or city inspector or official;
(15) Applied a restricted use pesticide without having a certified applicator in direct supervision;
(16) Operated a commercial pesticide application business: (a) Without an individual licensed as a commercial pesticide applicator or (b) with a licensed commercial pesticide applicator not licensed in the classification or classifications in which the business operates; or
(17) Operated as a commercial pesticide applicator without meeting the financial responsibility requirements including not having a properly executed financial responsibility insurance certificate or surety bond form on file with the department.
[ 2011 c 103 s 12; 1994 c 283 s 18; 1989 c 380 s 48; 1971 ex.s. c 191 s 4; 1967 c 177 s 8; 1961 c 249 s 15.]
Notes:
Purpose—2011 c 103: See note following RCW 15.26.120.

catchline: Violation of chapter—Unlawful acts.


title: RCW 17.21.160

text:
The director shall not issue a commercial pesticide applicator license until the applicant has furnished evidence of financial responsibility.
(1) Evidence of financial responsibility shall consist of either a surety bond; or a liability insurance policy or certification thereof, protecting persons who may suffer legal damages as a result of the operations of the applicant. The surety bond or liability insurance policy need not apply to damages or injury to agricultural crops, plants or land being worked upon by the applicant. The director shall not accept a surety bond or liability insurance policy except from authorized insurers in this state or if placed as a surplus line as provided for in chapter 48.15 RCW.
(2) Evidence of financial responsibility shall be supplied to the department on a financial responsibility insurance certificate or surety bond form (blank forms supplied by the department to the applicant).
[ 1994 c 283 s 19; 1989 c 380 s 49; 1967 c 177 s 9; 1961 c 249 s 16.]

catchline: Commercial pesticide applicator license—Financial responsibility.


title: RCW 17.21.170

text:
The following requirements apply to the amount of bond or insurance required for commercial applicators:
(1) The amount of the surety bond or liability insurance, as provided for in RCW 17.21.160, shall be not less than fifty thousand dollars for property damage and public liability insurance, each separately, and including loss or damage arising out of the actual use of any pesticide. The surety bond or liability insurance shall be maintained at not less than that sum at all times during the licensed period.
(2) The property damage portion of this requirement may be waived by the director if it can be demonstrated by the applicant that all applications performed under this license occur under confined circumstances and on property owned or leased by the applicant.
(3) The director shall be notified ten days before any reduction of insurance coverage at the request of the applicant or cancellation of the surety bond or liability insurance by the surety or insurer and by the insured.
(4) The total and aggregate of the surety and insurer for all claims is limited to the face of the bond or liability insurance policy. The director may accept a liability insurance policy or surety bond in the proper sum which has a deductible clause in an amount not exceeding five thousand dollars for all applicators for the total amount of liability insurance or surety bond required by this section, but if the applicant has not satisfied the requirement of the deductible amount in any prior legal claim the deductible clause shall not be accepted by the director unless the applicant furnishes the director with a surety bond or liability insurance which shall satisfy the amount of the deductible as to all claims that may arise in his or her application of pesticides.
[ 2011 c 336 s 460; 1994 c 283 s 20; 1983 c 95 s 7; 1967 c 177 s 10; 1963 c 107 s 1; 1961 c 249 s 17.]

catchline: Commercial pesticide applicator license—Amount of bond or insurance required—Notice of reduction or cancellation by surety or insurer.


title: RCW 17.21.180

text:
The commercial pesticide applicator license shall, whenever the licensee's surety bond or insurance policy is reduced below the requirements of RCW 17.21.170 or whenever the commercial applicator has not supplied evidence of financial responsibility, as required by RCW 17.21.160 and 17.21.170, by the expiration date of the previous policy or surety bond, be automatically suspended until such licensee's surety bond or insurance policy again meets the requirements of RCW 17.21.170. In addition, the director may pick up such licensee's license plates during such period of automatic suspension and return them only at such time as the licensee has furnished written proof that he or she is in compliance with the provisions of RCW 17.21.170.
[ 1994 c 283 s 21; 1989 c 380 s 50; 1987 c 45 s 31; 1967 c 177 s 11; 1961 c 249 s 18.]
Notes:
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.

catchline: Commercial pesticide applicator license—Suspension of license for failure to meet financial responsibility criteria.


title: RCW 17.21.190

text:
Any person suffering property loss or damage resulting from the use or application by others of any pesticide shall file with the director a verified report of loss.
(1) The report shall set forth, so far as known to the claimant, the following:
(a) The name and address of the claimant;
(b) The type, kind, property alleged to be injured or damaged;
(c) The name of the person applying the pesticide and allegedly responsible; and
(d) The name of the owner or occupant of the property for whom such application of the pesticide was made.
(2) The report shall be filed within thirty days from the time that the property loss or damage becomes known to the claimant. If a growing crop is alleged to have been damaged, the report shall be filed prior to harvest of fifty percent of that crop, unless the loss or damage was not then known. The department shall establish time periods by rule to determine investigation response time. Time periods shall range from immediate to forty-eight hours to initiate an investigation, depending on the severity of the damage.
(3) Any person filing a report of loss under this section shall cooperate with the department in conducting an investigation of such a report and shall provide the department or authorized representatives of the department access to any affected property and any other necessary information relevant to the report. If a claimant refuses to cooperate with the department, the report shall not be acted on by the department.
(4) The filing of a report or the failure to file a report need not be alleged in any complaint which might be filed in a court of law, and the failure to file the report shall not be considered any bar to the maintenance of any criminal or civil action.
(5) The failure to file a report shall not be a violation of this chapter. However, if the person failing to file such report is the only one suffering loss from such use or application of a pesticide by a pesticide applicator or operator, the director may refuse to act upon the complaint.
[ 1994 c 283 s 22; 1991 c 263 s 1; 1989 c 380 s 51; 1961 c 249 s 19.]

catchline: Damages due to use or application of pesticide—Report of loss required.


title: RCW 17.21.200

text:
The provisions of this chapter relating to commercial pesticide applicator licenses and requirements for their issuance shall not apply to:
(1) Any forestland owner, or his or her employees, applying pesticides with ground apparatus or manually, on his or her own lands or any lands or rights-of-way under his or her control; or
(2) Any farmer owner of ground apparatus applying pesticides for himself or herself or if applied on an occasional basis not amounting to a principal or regular occupation without compensation other than trading of personal services between producers of agricultural commodities on the land of another person; or
(3) Any grounds maintenance person conducting grounds maintenance on an occasional basis not amounting to a regular occupation; or
(4) Persons who apply pesticides as an incidental part of their business, such as dog grooming services or such other businesses as shall be identified by the director.
However, persons exempt under this section shall not use restricted use pesticides and shall not advertise or publicly hold themselves out as pesticide applicators.
[ 1994 c 283 s 23; 1992 c 170 s 9; 1989 c 380 s 52; 1979 c 92 s 3; 1971 ex.s. c 191 s 5; 1967 c 177 s 12; 1961 c 249 s 20.]

catchline: Commercial pesticide applicator license—Exemptions.


title: RCW 17.21.203

text:
The licensing provisions of this chapter shall not apply to research personnel of federal, state, county, or municipal agencies when performing pesticide research in their official capacities, however when such persons are applying restricted use pesticides, they shall be licensed as public operators.
[ 1994 c 283 s 24; 1981 c 297 s 23; 1979 c 92 s 4; 1971 ex.s. c 191 s 9.]
Notes:
Severability—1981 c 297: See note following RCW 15.36.201.


title: RCW 17.21.220

text:
(1) All state agencies, municipal corporations, and public utilities or any other governmental agencies are subject to this chapter and its rules.
(2) It is unlawful for any employee of a state agency, municipal corporation, public utility, or any other government agency to use or to supervise the use of any restricted use pesticide, or any pesticide by means of an apparatus, without having obtained a public operator license from the director. Application for a public operator license must be accompanied by a fee of forty-three dollars. The fee does not apply to public operators licensed and working in the health vector field. The public operator license is valid only when the operator is acting as an employee of a government agency.
(3) The jurisdictional health officer or his or her duly authorized representative is exempt from this licensing provision when applying pesticides that are not restricted use pesticides to control pests other than weeds.
(4) Agencies, municipal corporations, and public utilities are subject to legal recourse by any person damaged by such application of any pesticide, and action may be brought in the county where the damage or some part of the damage occurred.
[ 2021 c 244 s 13; 2008 c 285 s 26; 1997 c 242 s 17; 1994 c 283 s 25; 1993 sp.s. c 19 s 9; 1991 c 109 s 37; 1989 c 380 s 53; 1986 c 203 s 11; 1981 c 297 s 24; 1971 ex.s. c 191 s 7; 1967 c 177 s 13; 1961 c 249 s 22.]
Notes:
Effective date—2021 c 244: See note following RCW 15.58.070.
Effective date—2008 c 285 ss 15-26: See note following RCW 15.58.070.
Intent—Captions not law—2008 c 285: See notes following RCW 43.22.434.
Effective date—1997 c 242: See note following RCW 15.58.070.
Severability—1981 c 297: See note following RCW 15.36.201.

catchline: Application of chapter to governmental entities—Public operator license required—Exemption—Liability.


title: RCW 17.21.280

text:
(1) Except as provided in subsections (2) and (4) of this section, all moneys collected under the provisions of this chapter shall be paid to the director and deposited in the agricultural local fund, RCW 43.23.230, for use exclusively in the enforcement of this chapter.
(2) In addition to any other fees the department may collect under this chapter, the department shall collect a fee of seven dollars for each license issued by the department under this chapter. The department shall transmit the seven dollar fee required by this subsection to Washington State University for the purpose of providing a pesticide safety education program to educate and train pesticide licensees and prospective licensees.
(3) The department shall engage with the regulated community on the status of license fees established in this chapter, including consideration of future increases, in coordination with a stakeholder work group.
(4) All moneys collected for civil penalties levied under RCW 17.21.315 shall be deposited in the state general fund. All fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW.
[ 2021 c 244 s 14; 1997 c 242 s 18; 1994 c 283 s 29; 1989 c 380 s 59; 1987 c 202 s 183; 1969 ex.s. c 199 s 15; 1961 c 249 s 28.]
Notes:
Effective date—2021 c 244: See note following RCW 15.58.070.
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Disposition of revenue, enforcement of chapter—Pesticide safety education program—Fee—District court fees, fines, penalties, and forfeitures.


title: RCW 17.21.290

text:
All licensed apparatuses shall be identified by a license plate furnished by the director, at no cost to the licensee, which plate shall be affixed in a location and manner upon such apparatus as prescribed in rule.
[ 1994 c 283 s 30; 1989 c 380 s 60; 1967 c 177 s 15; 1961 c 249 s 29.]

catchline: Pesticide application apparatuses—License plate as identification.


title: RCW 17.21.300

text:
The director is authorized to cooperate with and enter into agreements with any other agency of the state, the United States, and any other state or agency thereof for the purpose of carrying out the provisions of this chapter and securing uniformity of regulation.
[ 1961 c 249 s 30.]

catchline: Agreements with other governmental entities.


title: RCW 17.21.305

text:
The provisions of this chapter requiring all structural pest control operators, exterminators and fumigators to license with the department shall not preclude a city of the first class with a population of one hundred thousand people or more, or the county in which it is situated, from also licensing structural pest control operators, exterminators and fumigators operating within the territorial confines of said city or county: PROVIDED, That when structural pest control operators, exterminators and fumigators are licensed by both the city of the first class and the county in which the city is situated, and there exists a joint county-city health department, then the joint county-city health department may enforce the provisions of the city and county as to the license requirements for the structural pest control operators, exterminators and fumigators.
[ 1986 c 203 s 12; 1967 c 177 s 19.]

catchline: Licensing by cities of first class and counties.


title: RCW 17.21.310

text:
(1) Except as provided in subsection (2) of this section, any person who violates any provisions or requirements of this chapter or rules adopted hereunder is guilty of a misdemeanor.
(2) A second or subsequent offense is a gross misdemeanor. Any offense committed more than five years after a previous conviction shall be considered a first offense.
[ 2003 c 53 s 118; 1967 c 177 s 16; 1961 c 249 s 34.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: General penalty.


title: RCW 17.21.315

text:
Every person who fails to comply with this chapter or the rules adopted under it may be subjected to a civil penalty, as determined by the director, in an amount of not more than seven thousand five hundred dollars for every such violation. Each and every such 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 herein provided.
[ 1989 c 380 s 61; 1985 c 158 s 3.]

catchline: Civil penalty for failure to comply with chapter.


title: RCW 17.21.320

text:
(1) For purpose of carrying out the provisions of this chapter the director may enter upon any public or private premises at reasonable times, in order:
(a) To have access for the purpose of inspecting any equipment subject to this chapter and such premises on which such equipment is kept or stored;
(b) To inspect lands actually or reported to be exposed to pesticides;
(c) To inspect storage or disposal areas;
(d) To inspect or investigate complaints of injury to humans or land; or
(e) To sample pesticides being applied or to be applied.
(2) Should the director be denied access to any land where such access was sought for the purposes set forth in this chapter, the director may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for said purposes. The court may upon such application, issue the search warrant for the purposes requested.
(3) It shall be the duty of each prosecuting attorney to whom any violation of this chapter is reported, to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
(4) The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any rule made pursuant to this chapter in the superior court of the county in which such violation occurs or is about to occur.
[ 1989 c 380 s 62; 1971 ex.s. c 191 s 10.]

catchline: Access to public or private premises—Search warrants—Prosecuting attorney's duties—Injunctions.


title: RCW 17.21.340

text:
(1) A person aggrieved by a violation of this chapter or the rules adopted under this chapter:
(a) May request an inspection of the area in which the violation is believed to have occurred. If there are reasonable grounds to believe that a violation has occurred, the department shall conduct an inspection as soon as practicable. However, the director may refuse to act on a request for inspection concerning only property loss or damage if the person suffering property damage fails to file a timely report of loss under RCW 17.21.190. If an inspection is conducted, the person requesting the inspection shall:
(i) Be promptly notified in writing of the department's decision concerning the assessment of any penalty pursuant to the inspection; and
(ii) Be entitled, on request, to have his or her name protected from disclosure in any communication with persons outside the department and in any record published, released, or made available pursuant to this chapter: PROVIDED, That in any appeal proceeding the identity of the aggrieved person who requests the inspection shall be disclosed to the alleged violator of the act upon request of the alleged violator;
(b) Shall be notified promptly, on written application to the director, of any penalty or other action taken by the department pursuant to an investigation of the violation under this chapter; and
(c) May request, within ten days from the service of a final order fixing a penalty for the violation, that the director reconsider the entire matter if it is alleged that the penalty is inappropriate. If the person is aggrieved by a decision of the director on reconsideration, the person may request an adjudicative proceeding under chapter 34.05 RCW. However, the procedures for a brief adjudicative proceeding may not be used unless agreed to by the person requesting the adjudicative proceeding. During the adjudicative proceeding under (c) of this subsection, the presiding officer shall consider the interests of the person requesting the adjudicative proceeding.
(2) Nothing in this chapter shall preclude any person aggrieved by a violation of this chapter from bringing suit in a court of competent jurisdiction for damages arising from the violation.
[ 1989 c 380 s 63.]

catchline: Violation of chapter—Remedies.


title: RCW 17.21.350

text:
By February 1st of each year the department shall report to the appropriate committees of the house of representatives and the senate on the activities of the department under this chapter. The report shall include, at a minimum: (1) A review of the department's pesticide incident investigation and enforcement activities, with the number of cases investigated and the number and amount of civil penalties assessed; and (2) a summary of the pesticide residue food monitoring program with information on the food samples tested and results of the tests, a listing of the pesticides for which testing is done, and other pertinent information.
[ 1997 c 242 s 19; 1989 c 380 s 64.]

catchline: Report to legislature.


title: RCW 17.21.400

text:
(1)(a) A certified applicator making a landscape application shall display the name and telephone number of the applicator or the applicator's employer on any power application apparatus. The applicator shall also carry the material safety data sheet for each pesticide being applied.
(b) A certified applicator making a right-of-way application shall display the name and telephone number of the applicator or the applicator's employer and the words "VEGETATION MANAGEMENT APPLICATION" on any power application apparatus. The applicator shall also carry the material safety data sheet for each pesticide being applied.
(2) If a certified applicator receives a written request for information on a landscape or right-of-way spray application, the applicator shall provide the requestor with the name or names of each pesticide applied and (a) a copy of the material safety data sheet for each pesticide; or (b) a pesticide fact sheet for each pesticide as developed or approved by the department.
(3) The director shall adopt rules establishing the size and lettering requirements of the apparatus display signs required under this section.
[ 1994 c 283 s 32; 1992 c 176 s 2.]

catchline: Landscape or right-of-way applications—Notice.


title: RCW 17.21.410

text:
(1) A certified applicator making a landscape application to:
(a) Residential property shall at the time of the application place a marker at the usual point of entry to the property. If the application is made to an isolated spot that is not a substantial portion of the property, the applicator shall only be required to place a marker at the application site. If the application is in a fenced or otherwise isolated backyard, no marker is required.
(b) Commercial properties such as apartments or shopping centers shall at the time of application place a marker in a conspicuous location at or near each site being treated.
(c) A golf course shall at the time of the application place a marker at the first tee and tenth tee or post the information in a conspicuous location such as on a central message board.
(d) A school, nursery school, or licensed day care shall at the time of the application place a marker at each primary point of entry to the school grounds. A school employee making an application to a school facility shall comply with the posting requirements in RCW 17.21.415.
(e) A park, cemetery, rest stop, or similar property as may be defined in rule shall at the time of the application place a marker at each primary point of entry.
(2) An individual making a landscape application to a school grounds, nursery school, or licensed day care, and not otherwise covered by subsection (1) of this section, shall at the time of the application place a marker at each primary point of entry to the school grounds.
(3) The marker shall be a minimum of four inches by five inches. It shall have the words: "THIS LANDSCAPE HAS BEEN TREATED BY" as the headline and "FOR MORE INFORMATION PLEASE CALL" as the footer. Larger size requirements for markers may be established in rule for specific applications. The company name and service mark shall be included between the headline and the footer on a marker placed by a commercial applicator. The applicator's telephone number where information can be obtained about the application shall be included in the footer of the marker. Markers shall be printed in colors contrasting to the background.
(4) The property owner or tenant shall remove the marker according to the schedule established in rule. A certified applicator or individual who complies with this section is not liable for the removal of markers by unauthorized persons or removal outside the designated removal time.
(5) A certified applicator or individual who complies with this section cannot be held liable for personal property damage or bodily injury resulting from markers that are placed as required.
[ 2001 c 333 s 2; 1994 c 283 s 33; 1992 c 176 s 5.]
Notes:
Effective date—2001 c 333: See note following RCW 17.21.020.

catchline: Landscape applications—Marking of property, posting requirements.


title: RCW 17.21.415

text:
(1) As used in this section, "school" means a licensed day care center or a public kindergarten or a public elementary or secondary school.
(2) A school shall provide written notification, upon request, to parents or guardians of students and employees describing the school's pest control policies and methods, including the posting and notification requirements of this section.
(3) A school shall establish a notification system that, as a minimum, notifies interested parents or guardians of students and employees at least forty-eight hours before a pesticide application to a school facility. The notification system shall include posting of the notification in a prominent place in the main office of the school.
(4) All notifications to parents, guardians, and employees shall include the heading "Notice: Pesticide Application" and, at a minimum, shall state:
(a) The product name of the pesticide to be applied;
(b) The intended date and time of application;
(c) The location to which the pesticide is to be applied;
(d) The pest to be controlled; and
(e) The name and phone number of a contact person at the school.
(5) A school facility application must be made within forty-eight hours following the intended date and time stated in the notification or the notification process shall be repeated.
(6) A school shall, at the time of application, post notification signs for all pesticide applications made to school facilities unless the application is otherwise required to be posted by a certified applicator under the provisions of RCW 17.21.410(1)(d).
(a) Notification signs for applications made to school grounds by school employees shall be placed at the location of the application and at each primary point of entry to the school grounds. The signs shall be a minimum of four inches by five inches and shall include the words: "THIS LANDSCAPE HAS BEEN RECENTLY SPRAYED OR TREATED WITH PESTICIDES BY YOUR SCHOOL" as the headline and "FOR MORE INFORMATION PLEASE CALL" as the footer. The footer shall provide the name and telephone number of a contact person at the school.
(b) Notification signs for applications made to school facilities other than school grounds shall be posted at the location of the application. The signs shall be a minimum of eight and one-half by eleven inches and shall include the heading "Notice: Pesticide Application" and, at a minimum, shall state:
(i) The product name of the pesticide applied;
(ii) The date and time of application;
(iii) The location to which the pesticide was applied;
(iv) The pest to be controlled; and
(v) The name and phone number of a contact person at the school.
(c) Notification signs shall be printed in colors contrasting to the background.
(d) Notification signs shall remain in place for at least twenty-four hours from the time the application is completed. In the event the pesticide label requires a restricted entry interval greater than twenty-four hours, the notification sign shall remain in place consistent with the restricted entry interval time as required by the label.
(7) A school facility application does not include the application of antimicrobial pesticides or the placement of insect or rodent baits that are not accessible to children.
(8) The prenotification requirements of this section do not apply if the school facility application is made when the school is not occupied by students for at least two consecutive days after the application.
(9) The prenotification requirements of this section do not apply to any emergency school facility application for control of any pest that poses an immediate human health or safety threat, such as an application to control stinging insects. When an emergency school facility application is made, notification consistent with the school's notification system shall occur as soon as possible after the application. The notification shall include information consistent with subsection (6)(b) of this section.
(10) A school shall make the records of all pesticide applications to school facilities required under this chapter, including an annual summary of the records, readily accessible to interested persons.
(11) A school is not liable for the removal of signs by unauthorized persons. A school that complies with this section may not be held liable for personal property damage or bodily injury resulting from signs that are placed as required.
[ 2009 c 556 s 16; 2001 c 333 s 3.]
Notes:
Effective date—2001 c 333: See note following RCW 17.21.020.


title: RCW 17.21.420

text:
(1) The department shall develop a list of pesticide-sensitive individuals. The list shall include any person with a documented pesticide sensitivity who submits information to the department on an application form developed by the department indicating the person's pesticide sensitivity.
(2) An applicant for inclusion on the pesticide-sensitive list may apply to the department at any time and shall provide the department, on the department's form, the name, street address, and telephone number of the applicant and of each property owner with property abutting the applicant's principal place of residence. The pesticide sensitivity of an individual shall be certified by a physician who holds a valid license to practice medicine in this state. The lands listed on an application for inclusion on the pesticide-sensitive list shall constitute the pesticide notification area for that applicant. For highway or road rights-of-way, a property abutting shall mean that portion of the property within one-half mile of the principal place of residence.
(3) A person whose name has been included on the pesticide-sensitive list shall notify the department of a need to update the list as soon as possible after: (a) A change of address or telephone number; (b) a change in ownership of property abutting a pesticide-sensitive individual; (c) a change in the applicant's condition; or (d) the sensitivity is deemed to no longer exist.
(4) The pesticide-sensitive list shall expire on December 31 of each year. The department shall distribute application forms for the new list at a reasonable time prior to the expiration of the current list, including mailing an application form to each person on the current list at the address given by the person in his or her most recent application. Persons desiring to be placed on or remain on the list shall submit a new application each year.
(5) The department shall distribute the list by January 1 and June 15 of each year to all certified applicators likely to make landscape applications. The list shall provide multiple methods of accessing the information so that certified applicators making landscape applications or right-of-way applications are able to easily determine what properties and individuals require notification for a specific application. An updated list shall be distributed whenever deemed necessary by the department. Certified applicators may request a list of newly registered individuals that have been added to the list since the last distribution. Registered individuals shall receive verification that their name has been placed on the list.
[ 1994 c 283 s 34; 1992 c 176 s 3.]


title: RCW 17.21.430

text:
(1) A certified applicator making a landscape application or a right-of-way application to the pesticide notification area, as defined in RCW 17.21.420(2), of a person on the pesticide-sensitive list shall notify the listed pesticide-sensitive individual of the application. Notification shall be made at least two hours prior to the scheduled application, or in the case of an immediate service call, the applicator shall provide notification at the time of the application.
(2) Notification under this section shall be made in writing, in person, or by telephone, and shall disclose the date and approximate time of the application. In the event a certified applicator is unable to provide prior notification because of the absence or inaccessibility of the individual, the applicator shall leave a written notice at the residence of the individual listed on the pesticide-sensitive list at the time of the application. If a person on the pesticide-sensitive list lives in a multifamily dwelling such as an apartment or condominium, the applicator shall notify the person on the list or shall advise the manager or other property owner's representative to notify the person on the list of the application.
[ 1992 c 176 s 4.]


title: RCW 17.21.440

text:
(1) As used in this section, "federal worker protection standard" or "federal standard" means the worker protection standard for agricultural workers and handlers of agricultural pesticides adopted by the United States environmental protection agency in 40 C.F.R., part 170 as it exists on June 6, 1996.
(2)(a) No rule adopted under this chapter may impose requirements that make compliance with the federal worker protection standard impossible.
(b) The department shall adopt by rule safety and health standards that are at least as effective as the federal standard. Standards adopted by the department under this section shall be adopted in coordination with the department of labor and industries.
(3) If a violation of the federal worker protection standard, or of state rules regulating activities governed by the federal standard, is investigated by the department and by the department of labor and industries, the agencies shall conduct a joint investigation if feasible, and shall share relevant information. However, an investigation conducted by the department of labor and industries under Title 51 RCW solely with regard to industrial insurance shall not be considered to be an investigation by the department of labor and industries for this purpose. The agencies shall not issue duplicate citations to an individual or business for the same violation of the federal standard or state rules regulating activities governed by the federal standard. By December 1, 1996, the department and the department of labor and industries shall jointly establish a formal agreement that: Identifies the roles of each of the two agencies in conducting investigations of activities governed by the federal standard; and provides for protection of workers and enforcement of standards that is at least [as] effective as provided for other enforcement under this chapter.
[ 1996 c 260 s 3.]
Notes:
Finding—Intent—Severability—1996 c 260: See notes following RCW 49.17.280.
Department of labor and industries authority: RCW 49.17.280.

catchline: Agricultural workers and handlers of agricultural pesticides—Coordination of regulation and enforcement with department of labor and industries.


title: RCW 17.21.445

text:
(1) The department shall continue to evaluate and update, as necessary, pesticide regulatory and education programs focused on measures to protect pollinator health. This work by the department, when appropriate, must be coordinated with Washington State University pesticide education programs to limit duplication and ensure consistent information sharing.
(2) Subject to the availability of amounts appropriated for this specific purpose, and in consultation with the department of fish and wildlife with regard to considerations for native pollinator species, the department must:
(a) Evaluate and adapt pesticide training and drift reduction technical assistance programs to include up-to-date protection measures for pollinators;
(b) Support Washington State University's pesticide education programs continued incorporation of pollinator protection measures during their training and certification classes, and coordinate on presented research, new protection measures, technological advancements, and any other significant science-based information;
(c) Coordinate with pollinator health staff in the department and at Washington State University to conduct investigations and share annual findings from pesticide-related investigations with the pollinator health task force;
(d) Evaluate and, if necessary, update the pesticide civil penalty matrix related to pollinator death or damage due to the misuse of pesticides and ensure pollinator health protections are included;
(e) When possible, the department must provide credits for pesticide courses focused on pollinator protection measures.
(3) By December 31, 2021, the department shall provide a report to the appropriate committees of the senate and house of representatives, in compliance with RCW 43.01.036, that includes recommendations for measures to mitigate the risks of harm to bees and other pollinators from the use of neonicotinoid pesticides and treated seeds. The department shall evaluate and incorporate the reviews scheduled for completion by the United States environmental protection agency during 2021, including recommended mitigation measures from that agency. The department shall also review neonicotinoid pesticide use restrictions and labeling requirements adopted in other states and include in the report any recommendations for adoption of similar requirements in this state.
[ 2021 c 278 s 4.]
Notes:
Purpose—Intent—2021 c 278: See note following RCW 43.23.300.

catchline: Protection of pollinator health—Report to the legislature.


title: RCW 17.21.450

text:
The department shall adopt by rule standards for pesticide applications made by noncertified applicators of restricted use pesticides under the direct supervision of a certified applicator. Standards must be at least as effective as the federal certification and training standards for pesticide applicators and must include requirements for both the noncertified applicator and the certified applicator directly supervising the noncertified applicator.
[ 2023 c 186 s 4.]

catchline: Application of certain pesticides by noncertified applicators—Standards adopted by rule.


title: RCW 17.21.455

text:
(1) The pesticide advisory board is established to advise the director on any or all problems relating to the use and application of pesticides in the state except for matters covered by the pesticide application safety committee created in RCW 70.104.110, with members as provided in this subsection.
(a) Voting members:
(i) One pesticide applicator licensed to operate agricultural aerial apparatus;
(ii) One licensed pest control consultant, or one licensed pesticide dealer or pesticide dealer manager;
(iii) One member representing the agricultural chemical industry;
(iv) One agricultural producer;
(v) The department's pesticide management division assistant director or the assistant director's designee;
(vi) One toxicologist or pesticide investigations manager from the department of health;
(vii) The department of labor and industries' division of occupational safety and health assistant director or the assistant director's designee;
(viii) One member representing the environmental community;
(ix) One representative from a federally recognized Indian tribe or an interested tribe that does not regulate pesticides;
(x) One farmworker advocate;
(xi) One migrant farmworker;
(xii) One at-large member as determined by the director; and
(xiii) One member representing the household and commercial products association.
(b) Nonvoting members:
(i) The director of the following agencies or the director's designees:
(A) The department of labor and industries;
(B) The department of fish and wildlife;
(C) The department of ecology; and
(D) The liquor and cannabis board;
(ii) The commissioner of public lands or the commissioner's designee;
(iii) The commissioner of the employment security department or the commissioner's designee;
(iv) The environmental health specialist from the department of health;
(v) One entomologist in public service;
(vi) One toxicologist in public service;
(vii) One member from the national pesticide information center;
(viii) One pesticide coordinator from Washington State University;
(ix) One agricultural health network advisor from the Pacific Northwest agricultural safety and health center;
(x) The department's pollinator health coordinator, apiarist, or both;
(xi) One commercial beekeeper;
(xii) One member representing the United States environmental protection agency region 10;
(xiii) One member representing the department of transportation with expertise in vegetation management;
(xiv) One member representing the noxious weed control board; and
(xv) One member representing an organization made up of agricultural producers, timber producers, wood preservers, and others whose mission includes supporting the science behind the responsible use of pesticides in both agriculture and forestry.
(2) The director shall appoint each member of the pesticide advisory board for terms of four years. Members may be appointed for successive four-year terms at the discretion of the director. The terms must be staggered so that approximately one-fourth of the terms expire on June 30th of each calendar year. In making appointments, the director shall seek nominations from affected agricultural and environmental groups. The director may remove any member of the pesticide advisory board prior to the expiration of his or her term of appointment for cause.
(3) The director shall attempt to fill any vacancy on the pesticide advisory board within 30 days for the remainder of its term.
(4) The director, in consultation with the pesticide advisory board, shall form work groups that include individuals with the appropriate expertise to inform the board on issues relating to specific pesticides or uses. Work groups created under this subsection may include individuals who are not members of the pesticide advisory board.
[ 2023 c 378 s 2.]
Notes:
Finding—Intent—2023 c 378: "The legislature finds that agency decisions related to the regulation of pesticides benefit from robust community and stakeholder engagement. The legislature intends to create a formal and permanent advisory board to advise the department of agriculture on any or all problems relating to the use and application of pesticides in the state, with the exception of matters covered by the pesticide application safety committee." [ 2023 c 378 s 1.]


title: RCW 17.21.460

text:
The pesticide advisory board established in RCW 17.21.455 shall elect a chair from among its membership. The pesticide advisory board shall meet from time to time at the call of the director, chair of the board, or a majority of the board.
[ 2023 c 378 s 3.]
Notes:
Finding—Intent—2023 c 378: See note following RCW 17.21.455.

catchline: Pesticide advisory board—Election of chair—Authority to call a meeting.


title: RCW 17.21.900

text:
The enactment of this act shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence on the date this act becomes effective.
[ 1961 c 249 s 31.]

catchline: Preexisting liabilities not affected.


title: RCW 17.21.920

text:
This chapter may be cited as the Washington pesticide application act.
[ 1961 c 249 s 33.]

catchline: Short title.


title: RCW 17.24.003

text:
The purpose of this chapter is to provide a strong system for the exclusion of plant and bee pests and diseases through regulation of movement and quarantines of infested areas to protect the forest, agricultural, horticultural, floricultural, and apiary industries of the state; plants and shrubs within the state; and the environment of the state from the impact of insect pests, plant pathogens, noxious weeds, and bee pests and the public and private costs that result when these infestations become established.
[ 1991 c 257 s 3.]

catchline: Purpose.


title: RCW 17.24.007

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the state department of agriculture.
(2) "Director" means the director of the state department of agriculture or the director's designee.
(3) "Quarantine" means a rule issued by the department that prohibits or regulates the movement of articles, bees, plants, or plant products from designated quarantine areas within or outside the state to prevent the spread of disease, plant pathogens, or pests to nonquarantine areas.
(4) "Plant pest" means a living stage of an insect, mite, nematode, slug, snail, or protozoa, or other invertebrate animal, bacteria, fungus, or parasitic plant, or their reproductive parts, or viruses, or an organism similar to or allied with any of the foregoing plant pests, including a genetically engineered organism, or an infectious substance that can directly or indirectly injure or cause disease or damage in plants or parts of plants or in processed, manufactured, or other products of plants.
(5) "Plants and plant products" means trees, shrubs, vines, forage, and cereal plants, and all other plants and plant parts, including cuttings, grafts, scions, buds, fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all products made from the plants and plant products.
(6) "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 a form of inspection and certification document that accompanies the movement of inspected and certified plant material and plant products, or bees, bee hives, or beekeeping equipment.
(7) "Compliance agreement" means a written agreement between the department and a person engaged in growing, handling, or moving articles, plants, plant products, or bees, bee hives, or beekeeping equipment regulated under this chapter, in which the person agrees to comply with stipulated requirements.
(8) "Distribution" means the movement of a regulated article from the property where it is grown or kept, to property that is not contiguous to the property, regardless of the ownership of the properties.
(9) "Genetically engineered organism" means an organism altered or produced through genetic modification from a donor, vector, or recipient organism using recombinant DNA techniques, excluding those organisms covered by the food, drug and cosmetic act (21 U.S.C. Secs. 301-392).
(10) "Person" means a natural person, individual, firm, partnership, corporation, company, society, or association, and every officer, agent, or employee of any of these entities.
(11) "Sell" means to sell, to hold for sale, offer for sale, handle, or to use as inducement for the sale of another article or product.
(12) "Noxious weed" means a living stage, including, but not limited to, seeds and reproductive parts, of a parasitic or other plant of a kind that presents a threat to Washington agriculture or environment.
(13) "Regulated article" means a plant or plant product, bees or beekeeping equipment, noxious weed or other articles or equipment capable of harboring or transporting plant or bee pests or noxious weeds that is specifically addressed in rules or quarantines adopted under this chapter.
(14) "Owner" means the person having legal ownership, possession, or control over a regulated article covered by this chapter including, but not limited to, the owner, shipper, consignee, or their agent.
(15) "Nuisance" means a plant, or plant part, apiary, or property found in a commercial area on which is found a pest, pathogen, or disease that is a source of infestation to other properties.
(16) "Bees" means adult insects, eggs, larvae, pupae, or other immature stages of the species Apis mellifera.
(17) "Bee pests" means a mite, other parasite, or disease that causes injury to bees and those honey bees generally recognized to have undesirable behavioral characteristics such as or as found in Africanized honey bees.
(18) "Biological control" means the use by humans of living organisms to control or suppress undesirable animals and plants; the action of parasites, predators, or pathogens on a host or prey population to produce a lower general equilibrium than would prevail in the absence of these agents.
(19) "Biological control agent" means a parasite, predator, or pathogen intentionally released, by humans, into a target host or prey population with the intent of causing population reduction of that host or prey.
(20) "Emergency" means a situation where there is an imminent danger of an infestation of plant pests or disease that seriously threatens the state's agricultural or horticultural industries or environment and that cannot be adequately addressed with normal procedures or existing resources.
[ 2000 c 100 s 6; 1991 c 257 s 4.]
Notes:
Effective date—2000 c 100: See RCW 15.60.901.

catchline: Definitions.


title: RCW 17.24.011

text:
Notwithstanding the provisions of RCW 17.24.041, the director may:
(1) Make rules under which plants, plant products, bees, hives and beekeeping equipment, and noxious weeds may be brought into this state from other states, territories, or foreign countries; and
(2) Make rules with reference to plants, plant products, bees, bee hives and equipment, and genetically engineered organisms while in transit through this state as may be deemed necessary to prevent the introduction into and dissemination within this state of plant and bee pests and noxious weeds.
[ 1991 c 257 s 5.]

catchline: Regulation of plant, plant product, bee movement, and genetically engineered organisms.


title: RCW 17.24.021

text:
(1) The director may intercept and hold or order held for inspection, or cause to be inspected while in transit or after arrival at their destination, all plants, plant products, bees, or other articles likely to carry plant pests, bee pests, or noxious weeds being moved into this state from another state, territory, or a foreign country or within or through this state for plant and bee pests and disease.
(2) The director may enter upon public and private premises at reasonable times for the purpose of carrying out this chapter. If the director be denied access, the director may apply to any court of competent jurisdiction for a search warrant authorizing access to such premises. The court may upon such application issue the search warrant for the purposes requested.
(3) The director may adopt rules in accordance with chapter 34.05 RCW as may be necessary to carry out the purposes and provisions of this chapter.
[ 1991 c 257 s 6.]

catchline: Inspection and investigation.


title: RCW 17.24.031

text:
The director may demand of a person who has in his or her possession or under his or her control, plants, bees, plant products, or other articles that may carry plant pests, bee pests, or noxious weeds, full information as to the origin and source of these items. Failure to provide that information, if known, may subject the person to a civil penalty.
[ 1991 c 257 s 7.]

catchline: Determination of origin.


title: RCW 17.24.041

text:
If determined to be necessary to protect the forest, agricultural, horticultural, floricultural, beekeeping, or environmental interests of this state, the director may declare a quarantine against an area, place, nursery, orchard, vineyard, apiary, or other agricultural establishment, county or counties within the state, or against other states, territories, or foreign countries, or a portion of these areas, in reference to plant pests, or bee pests, or noxious weeds, or genetically engineered plant or plant pest organisms. The director may prohibit the movement of all regulated articles from such quarantined places or areas that are likely to contain such plant pests or noxious weeds or genetically engineered plant, plant pest, or bee pest organisms. The quarantine may be made absolute or rules may be adopted prescribing the conditions under which the regulated articles may be moved into, or sold, or otherwise disposed of in the state.
[ 1991 c 257 s 8.]

catchline: Power to adopt quarantine measures—Rules.


title: RCW 17.24.051

text:
(1) The introduction into or release within the state of a plant pest, noxious weeds, bee pest, or any other organism that may directly or indirectly affect the plant life of the state as an injurious pest, parasite, predator, or other organism is prohibited, except under special permit issued by the department under rules adopted by the director. A special permit is not required for the introduction or release within the state of a genetically engineered plant or plant pest organism if the introduction or release has been approved under provisions of federal law and the department has been notified of the planned introduction or release. The department shall be the sole issuing agency for the permits. Except for research projects approved by the department, no permit for a biological control agent shall be issued unless the department has determined that the parasite, predator, or plant pathogen is target organism or plant specific and not likely to become a pest of nontarget plants or other beneficial organisms. The director may also exclude biological control agents that are infested with parasites determined to be detrimental to the biological control efforts of the state. The department may rely upon findings of the United States department of agriculture or any experts that the director may deem appropriate in making a determination about the threat posed by such organisms. In addition, the director may request confidential business information subject to the conditions in RCW 17.24.061.
(2) Plant pests, noxious weeds, or other organisms introduced into or released within this state in violation of this section shall be subject to detention and disposition as otherwise provided in this chapter.
(3) Upon the request of a city or town that is located partially inside a quarantine area for apple maggot established by the department, the department may issue a special transit permit for the limited purpose of transporting brush and yard waste or debris generated within the city or town through a pest free area to a destination located inside a quarantine area for apple maggot established by the department, subject to conditions and provisions which the director may prescribe to prevent introduction, escape, or spread of the quarantined pests.
[ 2018 c 147 s 2; 1991 c 257 s 9.]

catchline: Introduction of plant pests, noxious weeds, or organisms affecting plant life—Special transit permit for brush, yard waste, or debris generated inside a quarantine area for apple maggot.


title: RCW 17.24.061

text:
(1) In submitting data required by this chapter, the applicant may: (a) Mark clearly portions of data which in his or her opinion are trade secrets or commercial or financial information; and (b) submit the marked material separately from other material required to be submitted under this chapter.
(2) Notwithstanding any other provision of this chapter or other law, the director shall not make information submitted by an applicant or registrant under this chapter available to the public if, in the judgment of the director, the information is privileged or confidential because it contains or relates to trade secrets or commercial or financial information. Where necessary to carry out the provisions of this chapter, information relating to unpublished formulas of products acquired by authorization of this chapter may be revealed to any state or federal agency consulted and may be revealed at a public hearing or in findings of fact issued by the director.
(3) If the director proposes to release for inspection or to reveal at a public hearing or in findings of fact issued by the director, information that the applicant or registrant believes to be protected from disclosure under subsection (2) of this section, he or she shall notify the applicant or registrant in writing, by certified mail. The director may not make this data available for inspection nor reveal the information at a public hearing or in findings of fact issued by the director until thirty days after receipt of the notice by the applicant or registrant. During this period, the applicant or registrant may withdraw the application or may institute an action in the superior court of Thurston county for a declaratory judgment as to whether the information is subject to protection under subsection (2) of this section.
[ 1991 c 257 s 10.]

catchline: Protection of privileged or confidential information—Procedure—Notice—Declaratory judgment.


title: RCW 17.24.071

text:
The director may enter into compliance agreements with a person engaged in growing, handling, or moving articles, bees, plants, or plant products regulated under this chapter.
[ 1991 c 257 s 11.]

catchline: Compliance agreements.


title: RCW 17.24.081

text:
It shall be unlawful for a person to:
(1) Sell, offer for sale, or distribute a noxious weed or a plant or plant product or regulated article infested or infected with a plant pest declared by rule to be a threat to the state's forest, agricultural, horticultural, floricultural, or beekeeping industries or environment;
(2) Knowingly receive a noxious weed, or a plant, plant product, bees, bee hive or appliances, or regulated article sold, given away, carried, shipped, or delivered for carriage or shipment within this state, in violation of the provisions of this chapter or the rules adopted under this chapter;
(3) Fail to immediately notify the department and isolate and hold the noxious weed, bees, bee hives or appliances, plants or plant products, or other thing unopened or unused subject to inspection or other disposition as may be provided by the department, where the item has been received without knowledge of the violation and the receiver has become subsequently aware of the potential problem;
(4) Knowingly conceal or willfully withhold available information regarding an infected or infested plant, plant product, regulated article, or noxious weed;
(5) Introduce or move into this state, or to move or dispose of in this state, a plant, plant product, or other item included in a quarantine, except under rules as may be prescribed by the department, after a quarantine order has been adopted under this chapter against a place, nursery, orchard, vineyard, apiary, other agricultural establishment, county of this state, another state, territory, or a foreign country as to a plant pest, bee pest, or noxious weed or genetically engineered plant or plant pest organism, until such quarantine is removed;
(6) Introduce or move nonnative managed bumble bees into this state to be used in open-field agricultural use.
[ 2021 c 278 s 5; 1991 c 257 s 12.]
Notes:
Purpose—Intent—2021 c 278: See note following RCW 43.23.300.

catchline: Prohibited acts.


title: RCW 17.24.091

text:
(1) If upon inspection, the director finds that an inspected plant or plant product or bees are infected or infested or that a regulated article is being held or transported in violation of a rule or quarantine of the department, the director shall notify the owner that a violation of this chapter exists. The director may impound or order the impounding of the infected or infested or regulated article in such a manner as may be necessary to prevent the threat of infestation. The notice shall be in writing and sent by certified mail or personal service identifying the impounded article and giving notice that the articles will be treated, returned to the shipper or to a quarantined area, or destroyed in a manner as to prevent infestation. The impounded article shall not be destroyed unless the director determines that (a) no effective treatment can be carried out; and (b) the impounded article cannot be returned to the shipper or shipped back to a quarantine area without threat of infestation to this state; and (c) mere possession by the owner constitutes an emergency.
(2) Before taking action to treat, return, or destroy the impounded article, the director shall notify the owner of the owner's right to a hearing before the director under chapter 34.05 RCW. Within ten days after the notice has been given the owner may request a hearing. The request must be in writing.
(3) The cost to impound articles along with the cost, if any, to treat, return, or destroy the articles shall be at the owner's expense. The owner is not entitled to compensation for infested or infected articles destroyed by the department under this section.
[ 1991 c 257 s 13.]

catchline: Impound and disposition.


title: RCW 17.24.100

text:
(1) Except as provided in subsection (2) of this section, every person who violates or fails to comply with any rule or regulation adopted and promulgated by the director of agriculture in accordance with and under the provision of this chapter is guilty of a misdemeanor.
(2) A second and each subsequent violation or failure to comply with the provisions of this chapter or rule or regulation adopted hereunder is a gross misdemeanor.
[ 2003 c 53 s 119; 1981 c 296 s 26; 1927 c 292 s 7; RRS s 2786. Prior: 1921 c 105 s 7.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Severability—1981 c 296: See note following RCW 15.08.010.

catchline: Penalties—Second and subsequent offenses.


title: RCW 17.24.101

text:
If there is reason to believe that a plant or bee pest may adversely impact the forestry, agricultural, horticultural, floricultural, or related industries of the state; or may cause harm to the environment of the state; or such information is needed to facilitate or allow the movement of forestry, agricultural, horticultural, or related products to out-of-state, foreign and domestic markets, the director may conduct, or cause to be conducted, surveys to determine the presence, absence, or distribution of a pest.
The director may take such measures as may be required to control or eradicate such pests where such measures are determined to be in the public interest, are technically feasible, and for which funds are appropriated or provided through cooperative agreements.
[ 1991 c 257 s 14.]

catchline: Statewide survey and control activity.


title: RCW 17.24.111

text:
The director may enter into cooperative arrangements with a person, municipality, county, Washington State University or any of its experiment stations, or other agencies of this state, and with boards, officers, and authorities of other states and the United States, including the United States department of agriculture, for the inspection of bees, plants and plant parts and products and the control or eradication of plant pests, bee pests, or noxious weeds and to carry out other provisions of this chapter.
[ 1991 c 257 s 15.]

catchline: Director's cooperation with other agencies.


title: RCW 17.24.121

text:
The director may acquire, in fee or in trust, by gift, or whenever funds are appropriated for such purposes, by purchase, easement, lease, or condemnation, lands or other property, water supplies, as may be deemed necessary for use by the department for establishing quarantine stations for the purpose of the isolation, prevention, eradication, elimination, and control of insect pests or plant pathogens that affect the agricultural or horticultural products of the state; for the propagation of biological control agents; or the isolation of genetically engineered plants or plant pests; or the isolation of bee pests.
[ 1991 c 257 s 16.]

catchline: Acquisition of lands, water supply, or other properties for quarantine locations.


title: RCW 17.24.131

text:
To facilitate the movement or sale of forest, agricultural, floricultural, horticultural and related products, or bees and related products, the director may provide, if requested by farmers, growers, or other interested persons, special inspections, pest identifications, plant identifications, plant diagnostic services, pest control activities, other special certifications and activities not otherwise authorized by statute and prescribe a fee for that service. The fee shall, as closely as practical, cover the cost of the service rendered, including the salaries and expenses of the personnel involved. Moneys collected shall be deposited in the plant pest account, which is hereby created within the agricultural local fund. No appropriation is required for disbursement from the plant pest account to provide the services authorized by this section. In lieu of a fee, assessments and other funds deposited in the plant pest account may be disbursed to provide the services authorized by this section.
[ 1997 c 227 s 2; 1991 c 257 s 17.]
Notes:
Effective date—1997 c 227: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 26, 1997]." [ 1997 c 227 s 3.]

catchline: Requested inspections—Fee for service—Disbursements in lieu of fee.


title: RCW 17.24.141

text:
Whenever the director finds that a person has committed a violation of any of the provisions of this chapter, and that violation has not been punished pursuant to RCW 17.24.100, the director may impose upon and collect from the violator a civil penalty not exceeding five thousand dollars per violation. Each violation shall be a separate and distinct offense. A person who knowingly, through an act of commission or omission, procures or aids or abets in the violation shall be considered to have violated this section and may be subject to the civil penalty.
[ 1991 c 257 s 18.]

catchline: Penalties—Criminal and civil penalty.


title: RCW 17.24.151

text:
A person who, through a knowing and willful violation of a quarantine established under this chapter, causes an infestation to become established, may be required to pay the costs of public control or eradication measures caused as a result of that violation.
[ 1991 c 257 s 19.]

catchline: Violations—Costs of control.


title: RCW 17.24.161

text:
The director may, at the director's discretion, provide funds for technical or scientific services, labor, materials and supplies, and biological control agents for the control of plant pests, bee pests, and noxious weeds.
[ 1991 c 257 s 20.]

catchline: Funds for technical and scientific services.


title: RCW 17.24.171

text:
(1) If the director determines that there exists an imminent danger of an infestation of plant pests or plant diseases that seriously endangers the agricultural or horticultural industries of the state, or that seriously threatens life, health, economic well-being, or the environment, the director shall request the governor to order emergency measures to control the pests or plant diseases under RCW 43.06.010(13). The director's findings shall contain an evaluation of the affect of the emergency measures on public health.
(2) If an emergency is declared pursuant to RCW 43.06.010(13), the director may appoint a committee to advise the governor through the director and to review emergency measures necessary under the authority of RCW 43.06.010(13) and this section and make subsequent recommendations to the governor. Invitations to participate on the committee must include representatives of the affected agricultural industries, state and local government, federally recognized tribes, public health interests, technical service providers, and environmental organizations.
(3) Upon the order of the governor of the use of emergency measures, the director is authorized to implement the emergency measures to prevent, control, or eradicate plant pests or plant diseases that are the subject of the emergency order. Such measures, after thorough evaluation of all other alternatives, may include the aerial application of pesticides.
(4) Upon the order of the governor of the use of emergency measures, the director is authorized to enter into agreements with individuals, companies, or agencies, to accomplish the prevention, control, or eradication of plant pests or plant diseases, notwithstanding the provisions of chapter 15.58 or 17.21 RCW, or any other statute.
(5) The director shall continually evaluate the emergency measures taken and report to the governor at intervals of not less than 60 days. The director shall immediately advise the governor if he or she finds that the emergency no longer exists or if certain emergency measures should be discontinued.
[ 2024 c 228 s 3; 2003 c 314 s 6; 1991 c 257 s 21.]
Notes:
Findings—Intent—2024 c 228: See note following RCW 43.23.340.
Findings—2003 c 314: See note following RCW 17.24.220.

catchline: Determination of imminent danger of infestation of plant pests or plant diseases—Emergency measures—Conditions—Procedures.


title: RCW 17.24.210

text:
The director of agriculture may, on the behalf of the state of Washington, enter into indemnity contracts wherein the state of Washington agrees to repay any person, firm, corporation, or other entity acting under the direction or control of the proper authority to provide plant pest or plant disease prevention, control, or eradication measures as provided in this chapter or any rule adopted pursuant to the provisions of this chapter, for losses and damages incurred as a result of such prevention, control, or eradication measures if all of the following conditions occur:
(1) At the time of the incident the worker is performing services as an emergency measures worker and is acting within the course of his or her duties as an emergency measures worker;
(2) At the time of the injury, loss, or damage, the organization providing emergency measures by which the worker is employed is an approved organization for providing emergency measures;
(3) The injury, loss, or damage is proximately caused by his or her service either with or without negligence as an emergency measures worker;
(4) The injury, loss, or damage is not caused by the intoxication of the worker; and
(5) The injury, loss, or damage is not due to willful misconduct or gross negligence on the part of a worker.
Where an act or omission by an emergency services provider in the course of providing emergency services injures a person or property, the provider and the state may be jointly and severally liable for the injury, if state liability is proved under existing or hereafter enacted law.
[ 2011 c 336 s 461; 2011 c 103 s 43; 1982 c 153 s 3.]
Notes:
Reviser's note: This section was amended by 2011 c 103 s 43 and by 2011 c 336 s 461, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Purpose—2011 c 103: See note following RCW 15.26.120.
Severability—1982 c 153: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1982 c 153 s 5.]
Effective date—1982 c 153: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect April 1, 1982." [ 1982 c 153 s 7.]

catchline: Indemnity contracts for damages resulting from prevention, control, or eradication measures—Authorized—Conditions.


title: RCW 17.24.220

text:
The department and the department of natural resources shall coordinate their sudden oak death syndrome response efforts with other plant pest agencies and private organizations to exchange information, monitor the confirmed incidences of the disease, and take action as appropriate under existing plant pest control authorities to prevent the introduction of the disease into Washington and to control or eradicate the disease if it is determined to be present in the state.
[ 2003 c 314 s 8.]
Notes:
Findings—2003 c 314: "The legislature finds that since 1995 large numbers of oak and tanoak trees have been dying in the coastal counties of California. The legislature also finds that the disease causing the tree loss, which is commonly referred to as sudden oak death syndrome, has, as of July 27, 2003, been confirmed in twelve California counties, and one Oregon county. The legislature also finds that in addition to affecting several species of oak, this disease has been confirmed to affect several plant species common in Washington's forests, including Douglas Fir, big leaf maple, huckleberry, rhododendron, madrone, and manzanita. The legislature recognizes that the state of California and the United States department of agriculture have adopted restrictions on the movement of articles that may host the disease, and the state of Oregon and the Canadian government have adopted restrictions on the importation of potential host articles. The legislature finds that an introduction of sudden oak death syndrome into Washington could cause potential damage to the state's forest health, leading to both economic and ecological losses." [ 2003 c 314 s 7.]

catchline: Sudden oak death syndrome—Coordinated response effort.


title: RCW 17.26.005

text:
The legislature finds that:
(1) Spartina alterniflora, Spartina anglica, Spartina x townsendii, and Spartina patens which are collectively called spartina are not native to the state of Washington nor to the west coast of North America. This noxious weed was inadvertently introduced into the wetlands of the state and is now aggressively invading new areas to the detriment of native ecosystems and aquatic habitat. The spread of spartina threatens to permanently convert and displace native freshwater and saltwater wetlands and intertidal zones, including critical habitat for migratory birds, many fish species, bivalves, invertebrates, marine mammals, and other animals. The continued spread of spartina will permanently reduce the diversity and the quantity of these species and will have a significant negative environmental impact.
Spartina poses a significant hydrological threat. Clumps and meadows of spartina are dense environments that bind sediments and lift the intertidal gradient up out of the intertidal zone through time. This process reduces flows during flood conditions, raises flood levels, and significantly alters the hydrological regime of estuarine areas.
Spartina spreads by rhizomes and seed production. Through lateral growth by rhizomes, spartina establishes a dense monotypic meadow. Through seed production and the spread of seed through the air and by water, spartina is currently being spread to other states and to Canadian provinces.
(2) Purple loosestrife was first documented in the state in 1929 along freshwater shorelands. It is now present throughout the state and is particularly abundant in Grant county and its neighboring counties. The plant appears to be colonizing more rapidly on the eastern side of the state than on the western side. It was first introduced to the Winchester wasteway area in the 1960's and has invaded the area rapidly. Purple loosestrife is displacing native plants and as a result is threatening an extremely important part of this state's wildlife habitat. Lythrum salicaria and L. virgatum are closely related loosestrife species that are morphologically similar and not easily distinguished from each other in the field. Both species have been referred to as purple loosestrife.
(3) Current laws and rules designed to protect the environment and preserve the wetland habitats, fish, and wildlife of the state are not designed to respond to an ecosystem-wide threat of this kind. State and federal agencies, local governments, weed boards, concerned individuals, and property owners attempting to deal with the ecological emergency posed by spartina and purple loosestrife infestations have been frustrated by interagency disagreements, demands for an undue amount of procedural and scientific process and information, dilatory appeals, and the improper application of laws and regulations by agencies that have in fact undermined the legislative purposes of those same laws while ignoring the long-term implications of delay and inaction. There is a compelling need for strong leadership, coordination, and reporting by a single state agency to respond appropriately to this urgent environmental challenge.
Any further delay of control efforts will significantly increase the cost of spartina and purple loosestrife control and reduce the likelihood of long-term success. Control efforts must be coordinated across political and ownership boundaries in order to be effective.
(4) The presence of noxious weeds on public lands constitutes a public nuisance and negatively impacts public and private lands. The legislature finds that control and eradication of noxious weeds on private lands is in the public interest.
[ 1995 c 255 s 1.]

catchline: Findings.


title: RCW 17.26.006

text:
This state is facing an environmental disaster that will affect other states as well as other nations. The legislature finds that six years is sufficient time for state agencies to debate solutions to the spartina and purple loosestrife problems that are occurring in state waters. One of the purposes of chapter 255, Laws of 1995 is to focus agency action on control and future eradication of spartina and purple loosestrife. It is the mandate of the legislature that one state agency, the department of agriculture, be responsible for a unified effort to eliminate spartina and control purple loosestrife, with the advice of the state noxious weed control board, and that state agency shall be directly accountable to the legislature on the progress of the spartina eradication and purple loosestrife control program.
[ 1995 c 255 s 2.]

catchline: Findings—Purpose.


title: RCW 17.26.007

text:
This section applies to appropriations made to the department of agriculture specifically for the removal or control of spartina or purple loosestrife or both plants. The legislature finds that: The presence of spartina or purple loosestrife on private lands threatens wildlife habitat and provides a source of renewed infestation for public lands; and effective eradication or control of spartina or purple loosestrife requires concerted efforts on both public and private lands to protect public resources. The department of agriculture may grant funds to other state agencies, local governments, and nonprofit corporations for eradication or control purposes and may use those moneys itself. The department of agriculture may match private funds for eradication or control programs on private property on a fifty-fifty matching basis. The accounting and supervision of the funds at the local level shall be conducted by the department of agriculture.
[ 1995 c 255 s 11.]

catchline: Findings—Application to appropriations.


title: RCW 17.26.010

text:
State agencies and local governments may not use any other local, state, or federal permitting requirement, regulatory authority, or legal mechanism to override the legislative intent and statutory mandates of chapter 255, Laws of 1995.
[ 1995 c 255 s 8.]

catchline: Restriction on state agencies and local governments.


title: RCW 17.26.011

text:
Spartina removal shall include restoration to return intertidal land and other infested lands to the condition found on adjacent unaffected lands in the same tidal elevation. The department of fish and wildlife, the department of ecology, the department of agriculture, and the department of natural resources shall develop a restoration plan in cooperation with owners of spartina infested lands and shall submit the plan to the appropriate standing committees of the house of representatives and the senate by December 31, 1995.
[ 1995 c 255 s 9.]

catchline: Spartina removal includes restoration—Study.


title: RCW 17.26.015

text:
(1) The state department of agriculture is the lead agency for the control of spartina and purple loosestrife with the advice of the state noxious weed control board.
(2) Responsibilities of the lead agency include:
(a) Coordination of the control program including memorandums of understanding, contracts, and agreements with local, state, federal, and tribal governmental entities and private parties;
(b) Preparation of a statewide spartina management plan utilizing integrated vegetation management strategies that encompass all of Washington's tidelands. The plan shall be developed in cooperation with local, state, federal, and tribal governments, private landowners, and concerned citizens. The plan shall prioritize areas for control. Nothing in this subsection prohibits the department from taking action to control spartina in a particular area of the state in accordance with a plan previously prepared by the state while preparing the statewide plan;
(c) Directing on the ground control efforts that include, but are not limited to: (i) Control work and contracts; (ii) spartina survey; (iii) collection and maintenance of spartina location data; (iv) purchasing equipment, goods, and services; (v) survey of threatened and endangered species; and (vi) site-specific environmental information and documents; and
(d) Evaluating the effectiveness of the control efforts.
The lead agency shall report to the appropriate standing committees of the house of representatives and the senate no later than December 15th of each year through the year 1999 on the progress of the program, the number of acres treated by various methods of control, and on the funds spent.
[ 1998 c 245 s 4; 1995 c 255 s 10.]

catchline: Lead agency—Responsibilities.


title: RCW 17.26.020

text:
(1) Facilitating the control of spartina and purple loosestrife is a high priority for all state agencies.
(2) The department of natural resources is responsible for spartina and purple loosestrife control on state-owned aquatic lands managed by the department of natural resources.
(3) The department of fish and wildlife is responsible for spartina and purple loosestrife control on state-owned aquatic lands managed by the department of fish and wildlife.
(4) The state parks and recreation commission is responsible for spartina and purple loosestrife control on state-owned aquatic lands managed by the state parks and recreation commission.
(5) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this chapter, RCW 90.48.020, 90.58.030, and 77.55.081:
(a) "Spartina" means Spartina alterniflora, Spartina anglica, Spartina x townsendii, and Spartina patens.
(b) "Purple loosestrife" means Lythrum salicaria and Lythrum virgatum.
(c) "Aquatic noxious weed" means an aquatic weed on the state noxious weed list adopted under RCW 17.10.080.
[ 2011 c 103 s 13; 2003 c 39 s 10; 1995 c 255 s 12.]
Notes:
Purpose—2011 c 103: See note following RCW 15.26.120.

catchline: High priority for all state agencies—Definitions.