title: RCW 15.80.500

text:
Upon the director's satisfaction that the applicant is of good moral character, has the ability to weigh accurately and make correct certified weight tickets and that he or she is an employee or agent of the weighmaster, the director shall issue a weigher's license which will expire annually on a date set by rule by the director. License fees shall be prorated where necessary to accommodate staggering of expiration dates of a license or licenses.
[ 2010 c 8 s 6106; 1991 c 109 s 9; 1969 ex.s. c 100 s 21.]


doc_type: statute

jurisdiction: wa

title: RCW 15.80.510

text:
A licensed public weighmaster shall: (1) Keep the scale or scales upon which he or she weighs any commodity or thing, in conformity with the standards of weights and measures; (2) carefully and correctly weigh and certify the gross, tare, and net weights of any load of any commodity or thing required to be weighed; and (3) without charge, weigh any commodity or thing brought to his or her scale by the director or peace officer, and issue a certificate of the weights thereof.
[ 2017 c 158 s 7; 2010 c 8 s 6107; 1969 ex.s. c 100 s 22.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Duties of weighmaster.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 15.80.520

text:
(1) Certification of weights must be in accordance with subsection (2)(a) or (b) of this section.
(2)(a) The certification must appear in an appropriate and conspicuous place on each certificate and copies thereof. In addition the weight ticket must bear the name of the weighmaster, the full name of the weigher issuing the ticket, and a seal number assigned to the scale by the department. The seal number must be used only at the scale to which it is assigned.
WEIGHMASTER CERTIFICATE
THIS IS TO CERTIFY that the following described commodity was weighed, measured, or counted by a weighmaster, whose signature is on this certificate, who is a recognized authority of accuracy, as prescribed by chapter 15.80 RCW administered by the Washington state department of agriculture.
(b) Certification must be made by means of an impression seal, the impress of which shall be placed by the weighmaster or weigher making the weight determination upon the weights shown on the weight tickets. The impression seal may be procured from the director upon the payment of a fee of sixty dollars or the current cost of the seal to the department, whichever is less, and such fee shall accompany the applicant's application for a weighmaster's license. Any replacement seal needed may be procured from the director upon payment to the department of the current cost to the department for such replacement. An impression seal must be used only at the scale to which it is assigned, and remains the property of the state and shall be returned to the director upon the termination, suspension, or revocation of the weighmaster's license.
[ 2017 c 158 s 8; 1983 c 95 s 6; 1969 ex.s. c 100 s 23.]

catchline: Certification of weights—Impression seal—Fee.


title: RCW 15.80.530

text:
The certified weight ticket shall be of a form approved by the director and shall contain the following information:
(1) The date of issuance;
(2) The kind of commodity weighed, measured, or counted;
(3) The name of the owner, agent, or consignee of the commodity weighed;
(4) The name of the seller, agent, or consignor;
(5) The accurate weight, measure, or count of the commodity weighed, measured, or counted; including the entry of the gross, tare, and/or net weight, where applicable;
(6) The identifying numerals or symbols, if any, of each container separately weighed and the license plate number of each vehicle separately weighed;
(7) The means by which the commodity was being transported at the time it was weighed, measured, or counted;
(8) The name of the city or town where such commodity was weighed;
(9) The complete signature of the weighmaster or weigher who weighed, measured, or counted the commodity; and
(10) Such other available information as may be necessary to distinguish or identify the commodity.
Such weight certificates when so made and properly certified or sealed shall be prima facie evidence of the accuracy of the weights, measures, or count shown, as a certified weight, measure, or count.
[ 2017 c 158 s 9; 1969 ex.s. c 100 s 24.]


title: RCW 15.80.540

text:
(1) Certified weight tickets shall be delivered to the person receiving the weighed commodity at the time of delivery. The weight ticket must accompany the vehicle that transports such commodity.
(2) A copy must be provided to the seller by the carrier of the weighed commodity.
(3) The weighmaster that provided the certified weight ticket must retain a copy for a period of one year.
(4) The weighmaster must retain such other records as the director shall determine necessary to carry out the purposes of this chapter.
(5) These records shall be made available at all reasonable business hours for inspection by the director.
[ 2017 c 158 s 10; 1969 ex.s. c 100 s 25.]

catchline: Certified weight tickets—Retention of copies—Records.


title: RCW 15.80.550

text:
No weighmaster or weigher shall enter a weight value on a certified weight ticket that he or she has not determined and he or she shall not make a weight entry on a weight ticket issued at any other location: PROVIDED, HOWEVER, That if the director determines that an automatic weighing or measuring device can accurately and safely issue weights in conformance with the purpose of this chapter, he or she may adopt a regulation to provide for the use of such a device for the issuance of certified weight tickets. The certified weight ticket shall be so prepared that it will show the weight or weights actually determined by the weighmaster. In any case in which only the gross, the tare or the net weight is determined by the weighmaster he or she shall strike through or otherwise cancel the printed entries for the weights not determined or computed by him or her.
[ 2010 c 8 s 6108; 1969 ex.s. c 100 s 26.]

catchline: Weighmaster or weigher to determine weights—Automatic devices.


title: RCW 15.80.560

text:
A licensed public weighmaster shall, in making a weight determination as provided for in this chapter, use a weighing device that conforms to current state legal requirements for commercial devices and is suitable for the weighing of the type and amount of commodity being weighed. The director shall cause to be tested for proper state standards of weight all weighing or measuring devices utilized by any licensed public weighmaster. Certified weights shall not be issued over a device that has been rejected or condemned for use by the director until such device has been repaired and tested as conforming to the intended use requirements.
[ 2017 c 158 s 11; 1969 ex.s. c 100 s 27.]

catchline: Weighing devices to be suitable—Testing of weighing and measuring devices.


title: RCW 15.80.570

text:
A weighmaster shall not use a weighing device to determine the weight of a load when the weight of such load exceeds the manufacturer's maximum rated capacity for such weighing device. If upon inspection the director declares that the maximum rated capacity of any weighing device is less than the manufacturer's maximum rated capacity, the weighmaster shall not weigh a load that exceeds the director's declared maximum rated capacity for such weighing device.
[ 1969 ex.s. c 100 s 28.]

catchline: Weighing devices—Rated capacity to exceed weight of load.


title: RCW 15.80.580

text:
No weighmaster shall weigh a vehicle or combination of vehicles to determine the weight of such vehicle or combination of vehicles unless the weighing device has a platform of sufficient size to accommodate such vehicle or combination of vehicles fully and completely as one entire unit. When a combination of vehicles must be broken up into separate units in order to be weighed as prescribed, each separate unit shall be entirely disconnected before weighing and a separate certified weight ticket shall be issued for each separate unit.
[ 1969 ex.s. c 100 s 29.]

catchline: Weighing devices—Platform size to sufficiently accommodate vehicles.


title: RCW 15.80.590

text:
The director is hereby authorized to deny, suspend, or revoke a license in any case in which he or she finds that there has been a failure to comply with the requirements of this chapter or rules adopted hereunder. For hearings for revocations, suspension, or denial of a license, the director shall give the licensee or applicant such notice as is required under the provisions of chapter 34.05 RCW. Such hearings shall be subject to chapter 34.05 RCW (administrative procedure act) concerning adjudicative proceedings.
[ 2017 c 158 s 12; 2010 c 8 s 6109; 1989 c 175 s 52; 1969 ex.s. c 100 s 30.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Denial, suspension, or revocation of licenses—Hearing.


title: RCW 15.80.610

text:
The director, for the purposes of this chapter, may issue subpoenas to compel the attendance of witnesses, and/or the production of books and/or documents anywhere in the state. The party shall have opportunity to make his or her defense, and may have such subpoenas issued as he or she desires. Subpoenas shall be served in the same manner as in civil cases in the superior court. Witnesses shall testify under oath which may be administered by the director.
[ 2010 c 8 s 6110; 1969 ex.s. c 100 s 32.]

catchline: Subpoenas—Oaths.


title: RCW 15.80.620

text:
It shall be unlawful for any person not licensed pursuant to the provisions of this chapter to:
(1) Hold himself or herself out, in any manner, as a weighmaster or weigher; or
(2) Issue any ticket as a certified weight ticket.
[ 2010 c 8 s 6111; 1969 ex.s. c 100 s 33.]

catchline: Assuming to act as weighmaster or weigher.


title: RCW 15.80.630

text:
It shall be unlawful for a weighmaster or weigher to falsify a certified weight ticket, or to cause an incorrect weight, measure, or count to be determined, or delegate his or her authority to any person not licensed as a weigher, or to preseal a eight ticket with his or her official seal before performing the act of weighing.
[ 2010 c 8 s 6112; 1969 ex.s. c 100 s 34.]

catchline: Falsifying weight tickets, weight or count—Unlawfully delegating—Presealing before weighing.


title: RCW 15.80.640

text:
Any person who shall mark, stamp, or write any false weight ticket, scale ticket, or weight certificate, knowing it to be false, and any person who influences, or attempts to wrongfully influence, any licensed public weighmaster or weigher in the performance of his or her official duties shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars, or by imprisonment of not less than thirty days nor more than three hundred sixty-four days in the county jail, or by both such fine and imprisonment.
[ 2017 c 158 s 13; 2011 c 96 s 16; 2010 c 8 s 6113; 1969 ex.s. c 100 s 35.]
Notes:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.

catchline: Writing, etc., false ticket or certificate—Influence—Penalty.


title: RCW 15.80.650

text:
(1) Except as provided in RCW 15.80.640 or subsection (2) of this section, any person violating any provision of this chapter or rules adopted hereunder is guilty of a misdemeanor.
(2) A second or subsequent same or similar violation is a gross misdemeanor. Any offense committed more than five years after a previous conviction shall be considered a first offense.
(3) The director may assess a civil penalty ranging from one hundred dollars to one thousand dollars per occurrence against any person who knowingly violates any provision under this chapter or rules adopted thereunder. In determining the amount of any civil penalty, the director shall give due consideration to the appropriateness of the penalty with respect to the gravity of the violation, and the history of any previous violations. The respondent issued a notice of intent to assess a civil penalty must be provided the opportunity to request a hearing as provided under chapter 34.05 RCW to contest the alleged violation and the penalty amount.
[ 2017 c 158 s 14; 2003 c 53 s 109; 1969 ex.s. c 100 s 36.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Violations—Penalty—Criminal—Civil—Opportunity to request hearing.


title: RCW 15.80.660

text:
(1) All moneys collected under this chapter shall be placed in the weights and measures account created in RCW 19.94.185.
(2) Civil penalties collected under RCW 15.80.650 must be deposited into the state general fund.
[ 2017 c 158 s 15; 1995 c 355 s 25.]
Notes:
Application—Effective dates—1995 c 355: See notes following RCW 19.94.015.

catchline: Collected moneys, civil penalties—Deposit.


title: RCW 15.80.900

text:
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy available at law.
[ 1969 ex.s. c 100 s 37.]

catchline: Chapter cumulative.


title: RCW 15.80.910

text:
This act shall take effect on July 1, 1969.
[ 1969 ex.s. c 100 s 38.]

catchline: Effective date—1969 ex.s. c 100.


title: RCW 15.83.005

text:
Agricultural products are produced by many individual farmers and ranchers located throughout the state. The efficient production and marketing of agricultural products by farmers, ranchers, and handlers is of vital concern to the welfare and general economy of the state. It is the purpose of this chapter to establish standards of fair practices required of handlers, producers, and associations of producers, with respect to certain agricultural commodities, to establish the mutual obligation of handlers and accredited associations of producers to negotiate relative to the production or marketing of these agricultural commodities.
It is the intent of the legislature that a workable process be developed through which a fair price and other contract terms can be arrived at through negotiations between processors of agricultural products and an accredited association of producers, and that in developing rules and administering this chapter the director of agriculture shall recognize this intent.
[ 1989 c 355 s 1.]

catchline: Intent.


title: RCW 15.83.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Accredited association of producers" means an association of producers which is accredited by the director to be the exclusive negotiation agent for all producer members of the association within a negotiating unit.
(2) "Advance contract" means a contract for purchase and sale of a crop entered into before the crop becomes a growing crop and providing for delivery at or after the harvest of that crop.
(3) "Agricultural products" as used in this chapter means pears, sweet corn, and potatoes produced for sale from farms in this state.
(4) "Association of producers" means any association of producers of agricultural products engaged in marketing, negotiating for its members, shipping, or processing as defined in section 15(a) of the federal agriculture marketing act of 1929 or in section 1 of 42 Stat. 388.
(5) "Director" means the director of the department of agriculture.
(6) "Handler" means a processor or a person engaged in the business or practice of:
(a) Acquiring agricultural products from producers or associations of producers for use by a processor;
(b) Processing agricultural products received from producers or associations of producers, provided that a cooperative association owned by producers shall not be a handler except when contracting for crops from producers who are not members of the cooperative association;
(c) Contracting or negotiating contracts or other arrangements, written or oral, with or on behalf of producers or associations of producers with respect to the production or marketing of any agricultural product for use by a processor; or
(d) Acting as an agent or broker for a handler in the performance of any function or act specified in (a), (b), or (c) of this subsection.
(7) "Negotiate" means meeting at reasonable times and for reasonable periods of time commencing at least sixty days before the normal planting date for sweet corn and potatoes, or at least sixty days before the normal harvest date for pears, and concluding within thirty days of the normal planting date for sweet corn and potatoes, or within thirty days of the normal harvest date for pears, to make a serious, fair, and reasonable attempt to reach agreement by acknowledging or refuting with reason points brought up by either party with respect to the price, terms of sale, compensation for products produced under contract, or other terms relating to the production or sale of these products: PROVIDED, That neither party shall be required to disclose proprietary business or financial records or information.
(8) "Negotiating unit" means a negotiating unit approved by the director under RCW 15.83.020.
(9) "Person" means an individual, partnership, corporation, association, or any other entity.
(10) "Processor" means any person that purchases agricultural crops from a producer and cans, freezes, dries, dehydrates, cooks, presses, powders, or otherwise processes those crops in any manner for eventual resale. A person who solely cleans, sorts, grades, and packages a farm product for sale without altering the natural condition of the product is not a processor. A person processing any portion of a crop is a processor.
(11) "Producer" means a person engaged in the production of agricultural products as a farmer or planter, including a grower or farmer furnishing inputs, production management, or facilities for growing or raising agricultural products. A producer who is also a handler shall be considered a handler under this chapter.
(12) "Qualified commodity" means agricultural products as defined in subsection (3) of this section.
[ 2020 c 176 s 1; 1989 c 355 s 2.]

catchline: Definitions.


title: RCW 15.83.020

text:
(1) An association of producers may file an application with the director:
(a) Requesting accreditation to serve as the exclusive negotiating agent on behalf of its producer members who are within a proposed negotiating unit with respect to any qualified commodity;
(b) Describing geographical boundaries of the proposed negotiating unit;
(c) Specifying the number of producers and the quantity of products included within the proposed negotiating unit;
(d) Specifying the number and location of the producers and the quantity of products represented by the association;
(e) Agreeing to reimburse the department for all anticipated and uncovered costs incurred by the department for actions necessary to carry out the provisions of this chapter; and
(f) Supplying any other information required by the director.
(2) Within a reasonable time after receiving an application under subsection (1) of this section, the director shall approve or disapprove the application in accordance with this section.
(a) The director shall approve the initial application or renewal if the director determines that:
(i) The association is owned and controlled by producers under the charter documents or bylaws of the association;
(ii) The association has valid and binding contracts with its members empowering the association to sell or negotiate terms of sale of its members' products or to negotiate for compensation for products produced under contract by its members;
(iii) The association represents a sufficient percentage of producers or that its members produce a sufficient percentage of agricultural products to enable it to function as an effective agent for producers in negotiating with a given handler as defined in rules promulgated by the department. In making this finding, the director shall exclude any quantity of the agricultural products contracted by producers with producer-owned and controlled processing cooperatives with its members and any quantity of these products produced by handlers;
(iv) One of the association's functions is to act as principal or agent for its members in negotiations with handlers for prices and other terms of trade with respect to the production, sale, and marketing of the products of its members, or for compensation for products produced by its members under contract;
(v) Sufficient resources, including public funds and any funds to be provided by the applicant under reimbursement agreements, will be available to cover department costs for services provided by the department in carrying out the provisions of this chapter, including department costs to defend a decision made by the department under this chapter if such a decision is appealed; and
(vi) Accreditation would not be contrary to the policies established in RCW 15.83.005.
(b) If the director does not approve the application under (a) of this subsection, then the association of producers may file an amended application with the director. The director, within a reasonable time, shall approve the amended application if it meets the requirements set out in (a) of this subsection.
(3) The department shall provide the association an estimate of expenses that may be incurred prior to the department's provision of services.
(4) At the discretion of the director, or upon submission of a timely filed petition by an affected handler or an affected association of producers, the association of producers accredited under this section may be required by the director to renew the application for accreditation by providing the information required under subsection (1) of this section.
[ 2020 c 176 s 2; 1989 c 355 s 3.]

catchline: Negotiating agents—Association of producers—Accreditation.


title: RCW 15.83.030

text:
It shall be unlawful for any handler to engage, or permit any employee or agent to engage, in the following practices:
(1) To refuse to negotiate with an association of producers accredited under RCW 15.83.020 with respect to any qualified commodity: PROVIDED, That the obligation to negotiate does not require either party to agree to a proposal, to make a concession, or to enter into a contract;
(2) To coerce any producer in the exercise of his or her right to contract with, join, refrain from contracting with or joining, belong to an association of producers, or refuse to deal with any producer because of the exercise of that producer's right to contract with, join, or belong to an association or because of that producer's promotion of legislation on behalf of an association of producers;
(3) To discriminate against any producer with respect to price, quantity, quality, or other terms of purchase, acquisition, or other handling of agricultural products because of that producer's membership in or contract with an association of producers or because of that producer's promotion of legislation on behalf of an association of producers;
(4) To coerce or intimidate any producer to enter into, maintain, breach, cancel, or terminate a membership agreement or marketing contract with an association of producers or a contract with a handler;
(5) To pay or loan money, give anything of value, or offer any other inducement or reward to a producer for refusing or ceasing to belong to an association of producers;
(6) To make knowingly false reports about the finances, management, or activities of associations of producers or handlers;
(7) To conspire, agree, or arrange with any other person to do, aid, or abet any act made unlawful by this chapter; or
(8) To refuse, in the event that an acceptable price cannot be agreed to between a producer and a processor, to meet with a mutually agreed upon third-party mediator to resolve the price dispute. Any fees associated with the third-party mediation must be borne by the producer.
[ 2020 c 176 s 3; 1989 c 355 s 4.]

catchline: Unlawful practices of handlers.


title: RCW 15.83.040

text:
It shall be unlawful for any accredited association of producers or members of such association to engage, or permit any employee or agent to engage, in the following practices:
(1) To refuse to negotiate with a handler for any qualified commodity for which the association is accredited under RCW 15.83.020;
(2) To coerce or intimidate a handler to breach, cancel, or terminate a marketing contract with an individual producer, association of producers, or a member of an association;
(3) To knowingly make or circulate false reports about the finances, management, or activities of an association of producers or a handler;
(4) To coerce or intimidate a producer to enter into, breach, cancel, or terminate a membership agreement or marketing contract with an association of producers;
(5) To conspire, agree, or arrange with any other person to do, aid, or abet any practice which is in violation of this chapter; or
(6) To pay or loan money, give anything of value, or offer any other inducement or reward to a producer for refusing to contract or negotiate with a processor.
[ 1989 c 355 s 5.]

catchline: Unlawful practices of association of producers or members.


title: RCW 15.83.050

text:
(1) If any person is charged with violating any provision of this chapter, the director shall investigate the charges. If, upon investigation, the director has reasonable cause to believe that the person charged has violated the provision, the director shall issue and cause to be served upon the person, a complaint stating the charges. A hearing on the charges shall be conducted in accordance with the provisions of chapter 34.05 RCW concerning contested cases.
(2) No complaint may be issued based upon any act occurring more than six months before the filing of the charge with the director. At the discretion of the director, any other person may be allowed to intervene in the proceeding and to present testimony and other evidence.
(3) If upon the preponderance of the evidence taken, the director is of the opinion that any person named in the complaint has engaged in or is engaging in any prohibited practice, the director shall make and enter findings of fact and shall issue and cause to be served on that person, an order requiring that person to cease and desist from the practice and to take affirmative action to further the policies of this chapter. The order may also require the person to make reports from time to time showing the extent of compliance with the order. If, upon the preponderance of the testimony and other evidence, the director determines that the person named in the complaint has not engaged in or is not engaging in any prohibited practice, the director shall make and enter findings of fact and an order dismissing the complaint.
[ 1989 c 355 s 6.]

catchline: Violations of chapter—Complaint.


title: RCW 15.83.060

text:
If required to carry out the objectives of this chapter, including the conduct of any investigations or hearing:
(1) The director shall require any person to:
(a) Establish and maintain records;
(b) Make reports; and
(c) Provide other information as may be reasonably required.
(2) Any person subject to the provisions of this chapter shall provide the information, records, and reports reasonably required by the director, or make such material available to the director for inspection and/or copying at reasonable times and places, except that no person shall be required under this section to provide to the director proprietary business or financial records or information.
[ 1989 c 355 s 7.]


title: RCW 15.83.070

text:
A person injured in his or her business or property by reason of any violation of or conspiracy to violate RCW 15.83.030 or 15.83.040 may sue in a court of competent jurisdiction of the county in which such violation occurred without respect to the amount in controversy, and shall recover damages sustained, including reasonable attorneys' fees and costs of bringing the suit. Any action to enforce any cause of action under this section shall be forever barred unless commenced not later than two years after the cause of action accrues.
[ 1989 c 355 s 8.]

catchline: Injury due to unlawful practices—Damages.


title: RCW 15.83.080

text:
A person who violates RCW 15.83.030 or 15.83.040 may be assessed a civil penalty by the director of not more than five thousand dollars for each offense. No civil penalty may be assessed unless the person charged has been given notice and opportunity for a hearing pursuant to chapter 34.05 RCW. In determining the amount of the penalty, the director shall consider the size of the business of the person charged, the penalty's affect [effect] on the person's ability to continue in business, and the gravity of the violation. If the director is unable to collect the civil penalty, the director shall refer the collection to the attorney general.
[ 1989 c 355 s 9.]

catchline: Unlawful practices—Civil penalty.


title: RCW 15.83.090

text:
The director or any aggrieved producer, accredited association, or handler may bring an action to enjoin the violation of any provision of this chapter or any regulation made pursuant to this chapter in a court of competent jurisdiction of the county in which such violation occurs or is about to occur.
[ 1989 c 355 s 10.]

catchline: Injunction.


title: RCW 15.83.100

text:
The director may promulgate such rules in accordance with chapter 34.05 RCW, and orders, as may be necessary to carry out this chapter.
[ 1989 c 355 s 11.]

catchline: Rules.


title: RCW 15.83.110

text:
The director shall establish an advisory committee consisting of the following persons: Six producers who are producers from names submitted by an association of producers, and six handlers subject to this chapter from names submitted by handlers. The advisory committee shall study and report on all issues related to this chapter.
[ 1989 c 355 s 12.]

catchline: Advisory committee.


title: RCW 15.83.900

text:
This chapter may be known and cited as the agricultural marketing and fair practices act.
[ 1989 c 355 s 13.]

catchline: Short title.


title: RCW 15.85.010

text:
The legislature declares that aquatic farming provides a consistent source of quality food, offers opportunities of new jobs, increased farm income stability, and improves balance of trade.
The legislature finds that many areas of the state of Washington are scientifically and biologically suitable for aquaculture development, and therefore the legislature encourages promotion of aquacultural activities, programs, and development with the same status as other agricultural activities, programs, and development within the state.
The legislature finds that aquaculture should be considered a branch of the agricultural industry of the state for purposes of any laws that apply to or provide for the advancement, benefit, or protection of the agriculture industry within the state.
The legislature further finds that in order to ensure the maximum yield and quality of cultured aquatic products, the department of fish and wildlife should provide diagnostic services that are workable and proven remedies to aquaculture disease problems.
It is therefore the policy of this state to encourage the development and expansion of aquaculture within the state. It is also the policy of this state to protect wildstock fisheries by providing an effective disease inspection and control program and prohibiting the release of salmon or steelhead trout by the private sector into the public waters of the state and the subsequent recapture of such species as in the practice commonly known as ocean ranching.
[ 1994 c 264 s 4; 1985 c 457 s 1.]
Notes:
Release and recapture of salmon or steelhead prohibited: RCW 77.12.459.

catchline: Legislative declaration.


title: RCW 15.85.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Aquaculture" means the process of growing, farming, or cultivating private sector cultured aquatic products in marine or fresh waters and includes management by an aquatic farmer.
(2) "Aquatic farmer" is a private sector person who commercially farms and manages the cultivating of private sector cultured aquatic products on the person's own land or on land in which the person has a present right of possession.
(3)(a) "Private sector cultured aquatic products" are native, nonnative, or hybrids of marine or freshwater plants and animals that are propagated, farmed, or cultivated on aquatic farms under the supervision and management of a private sector aquatic farmer or that are naturally set on aquatic farms which at the time of setting are under the active supervision and management of a private sector aquatic farmer. When produced under such supervision and management, private sector cultured aquatic products include, but are not limited to, the following plants and animals:
Scientific Name
Common Name
Enteromorpha
green nori
Monostroma
awo-nori
Ulva
sea lettuce
Laminaria
konbu
Nereocystis
bull kelp
Porphyra
nori
Iridaea
Haliotis
abalone
Zhlamys
pink scallop
Hinnites
rock scallop
Tatinopecten
Japanese or weathervane scallop
Protothaca
native littleneck clam
Tapes
manila clam
Saxidomus
butter clam
Mytilus
mussels
Crassostrea
Pacific oysters
Ostrea
Olympia and European oysters
Pacifasticus
crayfish
Macrobrachium
freshwater prawn
Salmo and Salvelinus
trout, char, and Atlantic salmon
Oncorhynchus
salmon
Ictalurus
catfish
Cyprinus
carp
Acipenseridae
Sturgeon
(b) Private sector cultured aquatic products do not include herring spawn on kelp and other products harvested under a herring spawn on kelp permit issued in accordance with RCW 77.70.210.
(c) Private sector cultured aquatic products do not include octopus and a person may not participate in octopus aquaculture in Washington.
(4) "Department" means the department of agriculture.
(5) "Director" means the director of agriculture.
[ 2024 c 45 s 1; 2003 c 39 s 7; 1989 c 176 s 3; 1985 c 457 s 2.]


title: RCW 15.85.030

text:
The department is the principal state agency for providing state marketing support services for the private sector aquaculture industry.
[ 1985 c 457 s 3.]

catchline: Department principal agency for aquaculture marketing support.


title: RCW 15.85.040

text:
The department shall adopt rules under chapter 34.05 RCW to implement this chapter.
[ 1985 c 457 s 7.]


title: RCW 15.85.050

text:
The department shall exercise its authorities, including those provided by chapters 15.64, 15.65, 15.66, and 43.23 RCW, to develop a program for assisting the state's aquaculture industry to market and promote the use of its products.
[ 1989 c 11 s 2; 1985 c 457 s 4.]
Notes:
Severability—1989 c 11: See note following RCW 9A.56.220.

catchline: Program to assist marketing and promotion of aquaculture products.


title: RCW 15.85.060

text:
The director shall establish identification requirements for private sector cultured aquatic products to the extent that identifying the source and quantity of the products is necessary to permit the department of fish and wildlife to administer and enforce Title 77 RCW effectively. The rules shall apply only to those private sector cultured aquatic products the transportation, sale, processing, or other possession of which would otherwise be required to be licensed under Title 77 RCW if they were not cultivated by aquatic farmers. The rules shall apply to the transportation or possession of such products on land other than aquatic lands and may require that they be: (1) Placed in labeled containers or accompanied by bills of lading or sale or similar documents identifying the name and address of the producer of the products and the quantity of the products governed by the documents; or (2) both labeled and accompanied by such documents.
The director shall consult with the director of fish and wildlife to ensure that such rules enable the department of fish and wildlife to enforce the programs administered under those titles. If rules adopted under chapter 69.30 RCW satisfy the identification required under this section for shellfish, the director shall not establish different shellfish identification requirements under this section.
[ 2003 c 39 s 8; 1994 c 264 s 5; 1988 c 36 s 6; 1985 c 457 s 5.]

catchline: Private sector cultured aquatic products—Identification—Rules.


title: RCW 15.85.070

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the department of agriculture shall administer an integrated pest management research program that focuses on addressing the impacts of burrowing shrimp on bottom culture shellfish farming. The program must work towards the following objectives:
(a) Support and recommend funding for research efforts focused on enhancing the resilience and productivity of shellfish farming and the marine ecosystem in the face of burrowing shrimp infestations;
(b) Facilitate and enhance collaboration between researchers, shellfish farmers, regulatory agencies, and relevant stakeholders to ensure permanent, practical, and effective solutions.
(2) To accomplish its objectives, the program must do the following:
(a) Solicit researchers with expertise in marine biology, agriculture, ecology, engineering, and related fields to submit proposals for burrowing shrimp control research projects;
(b) Identify and provide ground for controlled research that explores diverse control methods;
(c) Identify funding mechanisms for future equipment needs based on tool and technology development;
(d) Provide permitting assistance for shellfish growers to use identified control methods.
(3) The governing board created in RCW 15.85.080 is responsible for reviewing research proposals, ensuring transparency and accountability in implementing the program, and guiding the department of agriculture on the expenditure of research grant funds.
(4) Research expenditures may only be spent on projects that support control of burrowing shrimp in Willapa Bay and Grays Harbor. Any control method that has been demonstrated as ineffective in past studies is not eligible for funding.
(5) This section expires July 1, 2035.
[ 2025 c 87 s 2.]
Notes:
Findings—Intent—2025 c 87: "(1) The legislature finds that in 2014, shellfish growers were dealt a significant setback when they lost their primary tool for controlling burrowing shrimp infestations in coastal estuaries. Burrowing shrimp in high densities pose a significant threat to shellfish farming operations and the surrounding aquatic ecosystem, causing damage to shellfish growing areas, negatively impacting productivity, and eliminating the growth of native eelgrass which provides essential habitat for salmonids and Dungeness crab, among other species.
(2) In addition, the legislature finds that since 1963, a control method developed in collaboration with the Washington state department of fish and wildlife had been effectively utilized. However, the phased-out use of carbaryl and the denial of a permit to use imidacloprid by the Washington state department of ecology left growers without crucial pest control measures. Burrowing shrimp infestations on shellfish grounds has led to a reduction in growing operations due to the absence of an effective control tool, and despite persistent efforts a viable alternative remains elusive.
(3) To address this ongoing crisis, the legislature intends to continue the current collaboration and research efforts and create a program within the Washington state department of agriculture to coordinate research into new and innovative control methods for burrowing shrimp infestations.
(4) This section expires July 1, 2035." [ 2025 c 87 s 1.]

catchline: Integrated pest management research program.(Expires July 1, 2035.)


title: RCW 15.85.080

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the director of the department of agriculture, in collaboration with legislators representing legislative districts that border the Pacific Ocean and an association that supports oyster growers in the Willapa Bay and Grays Harbor region, shall establish a governing board consisting of representatives from the following entities to oversee the research program established in RCW 15.85.070:
(a) One member each from the departments of agriculture, ecology, natural resources, fish and wildlife, and commerce, and the state conservation commission;
(b) Five shellfish growers of varying sizes located in the Willapa Bay and Grays Harbor region;
(c) Two shellfish processors located in the Willapa Bay and Grays Harbor region;
(d) Shoalwater Bay Indian tribe;
(e) The executive director of an association supporting oyster growers in the Willapa Bay and Grays Harbor region;
(f) One member representing a nonprofit organization that develops and disseminates scientific and technical shellfish-related environmental and health and safety information; and
(g) One member from an ecosystem-based management collaborative in the Willapa Bay and Grays Harbor area, to serve in an ex officio capacity.
(2) The governing board must identify an objective and effective facilitator to moderate meetings and serve as an additional ex officio member.
(3) Members of the governing board must have a clear stake or vested interest in the preservation and sustainability of the shellfish industry, be knowledgeable about the impacts of burrowing shrimp on shellfish farming, and have a special interest in identifying tools to control burrowing shrimp with an emphasis on bottom culture shellfish farming.
(4) The governing board must meet at least quarterly and implement discussion parameters to ensure productive and efficient meetings that focus on bottom culture shellfish farming in coastal estuaries. The governing board must establish a consensus decision-making process whereby the participants develop and decide on proposals with the goal of achieving broad acceptance. In the absence of consensus on any proposal before the governing board, the proposal may be approved by a simple majority of appointed governing board members.
(5) Governing board members are eligible for reimbursement for subsistence, lodging, and travel expenses incurred in the performance of their duties pursuant to RCW 43.03.050.
(6) This section expires July 1, 2035.
[ 2025 c 87 s 3.]
Notes:
Findings—Intent—2025 c 87: See note following RCW 15.85.070.

catchline: Integrated pest management research program—Governing board. (Expires July 1, 2035.)


title: RCW 15.86.010

text:
The legislature recognizes a public benefit in:
(1) Establishing standards governing the labeling and advertising of agricultural products and commodities as organic products or transitional products;
(2) Providing certification under the national organic program for agricultural products marketed and labeled using the term "organic" or a derivative of the term "organic;"
(3) Providing access for Washington producers, processors, and handlers to domestic and international markets for organic products;
(4) Establishing a state organic program or obtaining federal accreditation as a certifying agent under the national organic program; and
(5) Establishing a brand name materials list for registration of inputs that comply with national, international, or other organic standards.
[ 2010 c 109 s 1; 2002 c 220 s 1; 1992 c 71 s 1; 1985 c 247 s 1.]

catchline: Purpose.


title: RCW 15.86.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Certification" or "certified" means a determination documented by a certificate of organic operation made by a certifying agent that a production or handling operation is in compliance with the national organic program or with international standards.
(2) "Compost" means the product of a managed process through which microorganisms break down plant and animal materials into more available forms suitable for application to the soil.
(3) "Crop production aid" means any substance, material, structure, or device that is used to aid a producer of an agricultural product except for fertilizers and pesticides.
(4) "Department" means the state department of agriculture.
(5) "Director" means the director of the department of agriculture or the director's designee.
(6) "Fertilizer" means a single or blended substance containing one or more recognized plant nutrients which is used primarily for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth.
(7) "Handler" means any person who sells, distributes, or packs organic or transitional products.
(8) "Label" means a display of written, printed, or graphic material on the immediate container of an agricultural product or any such material affixed to any agricultural product or affixed to a bulk container containing an agricultural product, except for package liners or a display of written, printed, or graphic material which contains only information about the weight of the product.
(9) "Labeling" includes all written, printed, or graphic material accompanying an agricultural product at any time or written, printed, or graphic material about the agricultural product displayed at retail stores about the product.
(10) "Livestock production aid" means any substance, material, structure, or device that is used to aid a producer in the production of livestock such as parasiticides, medicines, and feed additives.
(11) "Manufacturer" means a person that compounds, produces, granulates, mixes, blends, repackages, or otherwise alters the composition of materials.
(12) "Material" means any substance or mixture of substances that is intended to be used in agricultural production, processing, or handling.
(13) "National organic program" means the program administered by the United States department of agriculture pursuant to 7 C.F.R. Part 205, which implements the federal organic food production act of 1990 (7 U.S.C. Sec. 6501 et seq.).
(14) "Organic certifying agent" means any third-party certification organization that is recognized by the director as being one which imposes, for certification, standards consistent with this chapter.
(15) "Organic product" means any agricultural product, in whole or in part, including meat, dairy, and beverage, that is marketed using the term organic or any derivative of organic and that is produced, handled, and processed in accordance with this chapter.
(16) "Organic waste-derived material" means grass clippings, leaves, weeds, bark, plantings, prunings, and other vegetative wastes, uncontaminated wood waste from logging and milling operations, food wastes, food processing wastes, and materials derived from these wastes through composting. "Organic waste-derived material" does not include products that contain biosolids as defined in chapter 70A.226 RCW.
(17) "Person" means any natural person, firm, partnership, exchange, association, trustee, receiver, corporation, and any member, officer, or employee thereof or assignee for the benefit of creditors.
(18) "Pesticide" means, but is not limited to:
(a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, nematode, mollusk, fungus, weed, and any other form of plant or animal life or virus, except a virus on or in a living human being or other animal, which is normally considered to be a pest or which the director may declare to be a pest;
(b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant;
(c) Any substance or mixture of substances intended to be used as a spray adjuvant; and
(d) Any other substances intended for such use as may be named by the director by rule.
(19) "Postharvest material" means any substance, material, structure, or device that is used in the postharvest handling of agricultural products.
(20) "Processing aid" means a substance that is added to a food:
(a) During processing, but is removed in some manner from the food before it is packaged in its finished form;
(b) During processing, is converted into constituents normally present in the food, and does not significantly increase the amount of the constituents naturally found in the food; and
(c) For its technical or functional effect in the processing but is present in the finished food at insignificant levels and does not have any technical or functional effect in that food.
(21) "Processor" means any person engaged in the canning, freezing, drying, dehydrating, cooking, pressing, powdering, packaging, baking, heating, mixing, grinding, churning, separating, extracting, cutting, fermenting, eviscerating, preserving, jarring, or otherwise processing of an organic or transitional product.
(22) "Producer" means any person or organization who or which grows, raises, or produces an agricultural product.
(23) "Registrant" means the person registering a material on the brand name materials list under the provisions of this chapter.
(24) "Represent" means to hold out as or to advertise.
(25) "Sale" means selling, offering for sale, holding for sale, preparing for sale, trading, bartering, offering a gift as an inducement for sale of, and advertising for sale in any media.
(26) "Soil amendment" means any substance that is intended to improve the physical characteristics of the soil, except for fertilizers and pesticides.
(27) "Spray adjuvant" means any product intended to be used with a pesticide as an aid to the application or to the effect of the pesticide and that is in a package or container separate from the pesticide. "Spray adjuvant" includes, but is not limited to, wetting agents, spreading agents, deposit builders, adhesives, emulsifying agents, deflocculating agents, and water modifiers or similar agent with or without toxic properties of its own intended to be used with any other pesticide as an aid to its application or to its effect. "Spray adjuvant" does not include products that are only intended to mark the location where a pesticide is applied.
(28) "Transitional product" means any agricultural product that meets requirements for organic certification, except that the organic production areas have not been free of prohibited substances for thirty-six months. Use of prohibited substances must have ceased for at least twelve months prior to the harvest of a transitional product.
[ 2021 c 65 s 12. Prior: 2010 c 109 s 2; 2002 c 220 s 2; 1992 c 71 s 2; 1989 c 354 s 32; 1985 c 247 s 2.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Severability—1989 c 354: See note following RCW 15.36.012.

catchline: Definitions.


title: RCW 15.86.030

text:
(1) To be labeled, sold, or represented as an organic product, a product must be produced under standards established in this chapter or rules adopted pursuant to this chapter. A producer, processor, or handler shall not represent, sell, or offer for sale any agricultural product with the representation that the product is organic if the producer, processor, or handler knows, or has reason to know, that the product has not been produced, processed, or handled in accordance with standards established in this chapter or rules adopted pursuant to this chapter.
(2) The department may conduct evaluations in retail establishments to verify compliance with organic labeling and advertising requirements of this chapter, rules adopted pursuant to this chapter, and the national organic program.
[ 2010 c 109 s 3; 2002 c 220 s 3; 1992 c 71 s 3; 1989 c 354 s 30; 1985 c 247 s 3.]
Notes:
Effective date—1989 c 354 s 30: "Section 30 of this act shall take effect on January 1, 1991." [ 1989 c 354 s 87.]
Severability—1989 c 354: See note following RCW 15.36.012.
Violation of RCW 15.86.030 constitutes violation of RCW 19.86.020: RCW 19.86.023.

catchline: Marketing of organic products—Standards—Restrictions—Evaluations to verify compliance.


title: RCW 15.86.060

text:
(1) The director shall adopt rules, in conformity with chapter 34.05 RCW, as the director believes are appropriate for the adoption of the national organic program and for the proper administration of this chapter.
(2)(a) The director shall issue orders to producers, processors, or handlers whom the director finds are violating RCW 15.86.030 or 15.86.090 or rules adopted pursuant to this chapter, to cease their violations and desist from future violations.
(b) Whenever the director finds that a producer, processor, or handler has committed a violation, the director shall impose on and collect from the violator a civil fine not exceeding the total of:
(i) The state's estimated costs of investigating and taking appropriate administrative and enforcement actions in respect to the violation; and
(ii) One thousand dollars.
[ 2010 c 109 s 4; 2002 c 220 s 4; 1992 c 71 s 7; 1985 c 247 s 6.]


title: RCW 15.86.065

text:
(1) The department is authorized to take such actions, conduct proceedings, and enter orders as permitted or contemplated for a state organic program or certifying agent under the national organic program.
(2) The director may deny, suspend, or revoke a certification provided for in this chapter if the director determines that an applicant or certified person has violated this chapter or rules adopted pursuant to this chapter.
(3) The program shall not be inconsistent with the requirements of the national organic program.
(4) The department shall adopt rules necessary to implement this section.
[ 2010 c 109 s 5; 2002 c 220 s 7.]

catchline: State organic program—Authority of department and director—Rules.


title: RCW 15.86.070

text:
(1) The director may adopt rules establishing a program for certifying producers, processors, and handlers as meeting state, national, or international standards for organic or transitional products.
(2) The rules:
(a) May govern, but are not limited to governing:
(i) The number and scheduling of on-site visits, both announced and unannounced, by certification personnel;
(ii) Recordkeeping requirements; and
(iii) The submission of product samples for chemical analysis; and
(b) Shall include a fee schedule that will provide for the recovery of the full cost of the program.
(3) All fees collected under this chapter shall be deposited in an account within the agricultural local fund. The revenue from such fees shall be used solely for carrying out the provisions of this chapter, and no appropriation is required for disbursement from the fund.
(4) The director may employ such personnel as are necessary to carry out the provisions of this chapter.
[ 2010 c 109 s 6; 2002 c 220 s 5; 1997 c 303 s 4; 1992 c 71 s 10; 1989 c 354 s 34; 1987 c 393 s 12.]
Notes:
Findings—1997 c 303: See note following RCW 43.135.055.
Severability—1989 c 354: See note following RCW 15.36.012.

catchline: Rules—Certification program—Fees.


title: RCW 15.86.090

text:
(1) It is unlawful for any person to sell, offer for sale, or process any agricultural product within this state with an organic label unless that person is certified under this chapter by the department or a recognized organic certifying agent.
(2) Subsection (1) of this section shall not apply to:
(a) Final retailers of organic products that do not process organic products; or
(b) Producers who sell no more than five thousand dollars annually in value of agricultural products directly to consumers.
[ 2010 c 109 s 7; 2002 c 220 s 6; 1992 c 71 s 8.]
Notes:
Captions not law—1992 c 71: "Captions as used in sections 6, 8, 9, and 13 of this act do not constitute part of the law." [ 1992 c 71 s 13.]

catchline: Mandatory certification—Exceptions.


title: RCW 15.86.110

text:
(1) Except as provided in subsection (2) of this section, the department shall keep confidential any business related information obtained under this chapter concerning an entity certified under this chapter or an applicant for such certification and such information shall be exempt from public inspection and copying under chapter 42.56 RCW.
(2) Applications for certification under this chapter and laboratory analyses pertaining to that certification shall be available for public inspection and copying.
[ 2005 c 274 s 218; 1992 c 71 s 11.]

catchline: Confidentiality of business related information.


title: RCW 15.86.120

text:
(1) To be labeled, sold, or represented as transitional products, agricultural products must comply with transitional product standards specified in this chapter and rules adopted pursuant to this chapter, including no application of substances prohibited under the national organic program within one year immediately preceding harvest.
(2) A producer, processor, or handler may not represent, sell, or offer for sale any agricultural product as a transitional product if the producer, processor, or handler knows or has reason to know that the product does not comply with transitional product standards specified in this chapter or rules adopted pursuant to this chapter.
(3)(a) The department may set and collect transitional certification fees, including fees for application for transitional certification, renewal of transitional certification, inspections, and sampling. Collected fees are subject to provisions specified in RCW 15.86.070.
(b) The fee for application for transitional certification is fifty dollars per site in addition to any organic certification application fees established under this chapter. The department may increase this fee by rule as necessary to cover costs of provision of services.
(4) The department may conduct evaluations in retail establishments to verify compliance with transitional labeling and advertising requirements of this chapter, rules adopted pursuant to this chapter, and the national organic program.
[ 2010 c 109 s 8.]

catchline: Transitional product—Standards—Fees—Evaluations to verify compliance.


title: RCW 15.86.130

text:
(1) The department may establish a brand name materials list of registered materials that are approved for use in organic production, processing, or handling in accordance with the national organic program or international standards. Registration of a material on the brand name materials list is voluntary. While registration is not required for a material to be used or sold in this state, registration is necessary for a material to be included on the brand name materials list.
(2)(a) Manufacturers of materials may submit an application to the department for registration of a material on the brand name materials list. Applications must be made on a form designated by the department, and must include:
(i) The name and address of the manufacturer;
(ii) The name and address of the manufacturer's representative making the representations in the application;
(iii) The brand name that the material is sold under;
(iv) A copy of the labeling accompanying the material and a statement of all claims to be made for it, including the directions and precautions for use;
(v) The complete formula of the material, including the active and inert ingredients;
(vi) A description of the manufacturing process, including all materials used for the extraction and synthesis of the material, if appropriate;
(vii) The intended uses of the product;
(viii) The source or supplier of all ingredients;
(ix) The required fee for registration or renewal; and
(x) Any additional information required by rule.
(b) If any change to the information provided in an application occurs at any time after an application is submitted, the registrant must immediately submit corrected information to the department for review. Failure by the registrant to provide corrections to information provided in the application may result in suspension or revocation of the registration.
(c) By submitting an application for registration on the brand name materials list, the applicant expressly consents to jurisdiction of the state of Washington in all matters related to the registration.
(d) Applications for registration on the brand name materials list are governed by chapter 34.05 RCW.
(3)(a) By applying for registration on the brand name materials list, the registrant expressly grants to the department or other organic certifying agent or inspection agent approved by the national organic program the right to enter the registrant's premises during normal business hours or at other reasonable times to:
(i) Inspect the portion of the premises where the material, inputs, or ingredients are stored, produced, manufactured, packaged, or labeled;
(ii) Inspect records related to the sales, storage, production, manufacture, packaging, or labeling of the material, inputs, or ingredients; and
(iii) Obtain samples of materials, inputs, and ingredients.
(b) Should the registrant refuse to allow inspection of the premises or records or fail to provide samples, the registration on the brand name materials list is canceled. The department shall deny applications for registration where the registrant refuses to allow the inspection of the premises or records or fails to provide samples as provided in this section.
(c) Required inspections may be conducted by department personnel, by an organic certifying agent, or by another inspection agent approved by the national organic program. The department may establish by rule evaluation criteria for review of inspection reports conducted by an organic certifying agent or inspection agent approved by the national organic program.
(4) The director may adopt rules necessary to implement the brand name materials list, including but not limited to:
(a) Fees related to registration;
(b) The number and scheduling of inspections, both announced and unannounced;
(c) Recordkeeping requirements;
(d) Additional application requirements;
(e) Labeling of registered materials; and
(f) Chemical analysis of material samples.
(5)(a) The department may establish a brand name materials list to register materials approved for use under:
(i) National organic program standards; or
(ii) International or additional organic standards.
(b) The director may review materials registered on the brand name materials list as approved for use under the national organic program for compliance with specific international or additional organic standards as designated by rule. A registered material that complies with a specific international or additional organic standard may also be registered as approved under that standard.
(6) Registration of a material on the brand name materials list under this chapter does not guarantee acceptance for use in organic production or processing by organic certifying agents other than the department. The department is not liable for any losses or damage that occurs as a result of use of a material registered on the brand name materials list.
(7) The director may deny, suspend, or revoke a registration on the brand name materials list if the director determines that a registrant has:
(a) Failed to meet the registration criteria established in this chapter or rules adopted pursuant to this chapter; or
(b) Violated any other provision of this chapter or rules adopted pursuant to this chapter.
[ 2010 c 109 s 9.]

catchline: Brand name materials list of registered materials—Application for registration—Right to enter premises—Rules—Denial/suspension/revocation of a registration, grounds.


title: RCW 15.86.140

text:
(1) The department is authorized to set and collect fees for application for registration, renewal of registration, inspections, and sampling for the brand name materials list. Collected fees are subject to provisions specified in RCW 15.86.070. The department may increase by rule fees established in this section as necessary to cover costs of provision of services.
(2)(a) The application fee for registration of a pesticide, spray adjuvant, processing aid, livestock production aid, or postharvest material is:
(i) Five hundred dollars per material for an initial registration; and
(ii) Three hundred dollars per material for renewing a registration.
(b) The application fee for registration of a fertilizer, soil amendment, organic waste-derived material, compost, animal manure, or crop production aid is:
(i) Four hundred dollars per material for an initial registration; and
(ii) Two hundred dollars per material for renewing a registration.
(3)(a) Renewal applications postmarked after October 31st must include, in addition to the renewal fee, a late fee of:
(i) One hundred dollars per material for applications postmarked after October 31st;
(ii) Two hundred dollars per material for applications postmarked after November 30th; and
(iii) Three hundred dollars per material for applications postmarked after December 31st.
(b) Renewal applications received after February 2nd will not be accepted, and applicants must reapply as new applicants.
(4) Inspections and any additional visit that must be arranged must be billed at forty dollars per hour plus travel costs and mileage, charged at the rate established by the office of financial management.
(5) Chemical analysis of material samples, if required for registration or requested by the applicant, must be billed at a rate established by the laboratory services division of the department of agriculture or at cost for analyses performed by another laboratory.
(6) Requests for expedited reviews may be submitted and, if approved, must be billed at forty dollars per hour.
(7) The department may assess compliance with an international or additional organic standard for materials registered on the brand name materials list as approved for use under the national organic program. Requests for additional assessments of materials approved under the national organic program must be billed at a rate of one hundred dollars per product for each standard.
[ 2010 c 109 s 10.]

catchline: Brand name materials list—Fees.


title: RCW 15.88.010

text:
The legislature declares that:
(1) Marketing is a dynamic and changing part of Washington agriculture and a vital element in expanding the state economy.
(2) The sale in the state and export to other states and abroad of wine made in the state contribute substantial benefits to the economy of the state, provide a large number of jobs and sizeable tax revenues, and have an important stabilizing effect on prices received by agricultural producers. Development of exports of these commodities abroad will contribute favorably to the balance of trade of the United States and of the state. The sale and export are therefore affected with the public interest.
(3) The production of wine grapes in the state is a new and important segment of Washington agriculture which has potential for greater contribution to the economy of the state if it undergoes healthy development.
(4) The general welfare of the people of the state will be served by healthy development of the activities of growing and processing wine grapes, which development will improve the tax bases of local communities in which agricultural land and processing facilities are located, and obviate the need for state and federal funding of local services. The industries are therefore affected with the public interest.
(5) Creation of a commission for the public purpose of administering the revenue of the commission under RCW 66.24.210(3) for the enhancement of production of wine grapes and wine and the marketing of Washington wine will materially advance the industries of growing and processing wine grapes and thereby the interests of the citizens of the state.
[ 1987 c 452 s 1.]


title: RCW 15.88.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Commission" means the Washington wine commission.
(2) "Director" means the director of agriculture or the director's duly appointed representative.
(3) "Department" means the department of agriculture.
(4) "Person" includes any individual, firm, corporation, trust, association, partnership, society, or any other organization of individuals.
(5) "Grower" means a person who has at least five acres in production of vinifera grapes.
(6) "Growers' association" means a nonprofit association of Washington producers of vinifera grapes, whether or not incorporated, which the director finds to comprise the interested persons affected by appointment of members of the commission or, if the director finds that no such association exists, a group of growers of vinifera grapes within the state identified by the director as fairly representing growers of vinifera grapes within the state.
(7) "Vinifera grapes" means the agricultural product commonly known as VITIS VINIFERA and those hybrid of VITIS VINIFERA which have predominantly the character of VITIS VINIFERA.
(8) "Producer" means any person or other entity which grows within the state vinifera grapes or any person or other entity licensed under Title 66 RCW to produce within the state wine made predominantly from vinifera grapes.
(9) "Wine producer" means any person or other entity licensed under Title 66 RCW to produce within the state wine from vinifera grapes.
(10) "Eastern Washington" means that portion of the state lying east of the Cascade mountain range.
(11) "Western Washington" means that portion of the state lying west of the Cascade mountain range.
(12) "Wine" for the purposes of this section shall be as defined in RCW 66.04.010.
(13) "Wine institute" means a nonprofit association of Washington wine producers, whether or not incorporated, which the director finds to comprise interested persons affected by appointment of members of the commission or, if the director finds that no such association exists, a group composed of all such producers identified as actively engaged in the production of wine within the state.
(14) "Handler" means any Washington winery, or processor, juicer, grape broker, agent, or person buying or receiving vinifera grapes to be passed on or exported either as grapes, juice, or wine.
[ 1988 c 257 s 6; 1987 c 452 s 2.]


title: RCW 15.88.025

text:
The history, economy, culture, and future of Washington state's agriculture involves the wine industry. In order to develop and promote wine grapes and wine as part of an existing comprehensive scheme to regulate those products the legislature declares:
(1) That it is vital to the continued economic well-being of the citizens of this state and their general welfare that its wine grapes and wine be properly promoted by (a) enabling the wine industry to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing of wine grapes and wines they produce; and (b) working to stabilize the wine industry by increasing markets for wine grapes and wine within the state, the nation, and internationally;
(2) That wine grape growers and wine producers operate within a regulatory environment that imposes burdens on them for the benefit of society and the citizens of the state and includes restrictions on marketing autonomy. Those restrictions may impair the wine grape growers' and wine producers' ability to compete in local, domestic, and foreign markets;
(3) That it is in the overriding public interest that support for the wine industry be clearly expressed; that adequate protection be given to agricultural commodities, uses, activities, and operations; and that wine grapes and wine be promoted individually, and as part of a comprehensive industry to:
(a) Enhance the reputation and image of Washington state's agriculture industry;
(b) Increase the sale and use of wine grapes and wine in local, domestic, and foreign markets;
(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production of wine grapes and wine;
(d) Increase the knowledge of the qualities and value of Washington's wine grapes and wine; and
(e) Support and engage in programs or activities that benefit the production, handling, processing, marketing, and uses of wine grapes and wine;
(4) That this chapter is enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state; and
(5) That the production and marketing of wine grapes and wine is a highly regulated industry and that the provisions of this chapter and the rules adopted under it are only one aspect of the regulated industry. Other regulations and restraints applicable to the wine grape and wine industry include:
(a) Organic products act under chapter 15.86 RCW;
(b) Horticultural pests and diseases under chapter 15.08 RCW;
(c) Horticultural plants, Christmas trees, and facilities—Inspection and licensing under chapter 15.13 RCW;
(d) Planting stock under chapter 15.14 RCW;
(e) Washington pesticide control act under chapter 15.58 RCW;
(f) Food safety and security act under chapter 15.130 RCW;
(g) Insect pests and plant diseases under chapter 17.24 RCW;
(h) Wholesale distributors and suppliers of wine and malt beverages under chapter 19.126 RCW;
(i) Weights and measures under chapter 19.94 RCW;
(j) Title 66 RCW, alcoholic beverage control;
(k) Chapter 69.07 RCW, Washington food processing act;
(l) 27 U.S.C., Secs. 201 through 211, 213 through 219a, and 122A;
(m) 27 C.F.R., Parts 1, 6, 9, 10, 12, 16, 240, 251, 252; and
(n) Rules under Titles 16 and 314 WAC, and rules adopted under chapter 15.88 RCW.
[ 2018 c 236 s 708; 2011 c 103 s 30; 2002 c 313 s 110.]
Notes:
Purpose—2011 c 103: See note following RCW 15.26.120.
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Regulating wine grapes and wine—Existing comprehensive scheme—Applicable laws.


title: RCW 15.88.030

text:
(1) There is created an agricultural commodity commission to be known and designated as the Washington wine commission. The commission shall be composed of twelve voting members and one nonvoting member; five voting members shall be growers, five voting members shall be wine producers, one voting member shall be the director, and one voting member shall be a wine distributor licensed under RCW 66.24.200. Of the grower members, at least one shall be a person who does not have over fifty acres of vinifera grapes in production, at least one shall be a person who has over one hundred acres of vinifera grapes in production, and two may be persons who produce and sell their own wine. Of the wine producer members, at least one shall be a person producing not more than twenty-five thousand gallons of wine annually, at least one shall be a person producing over one million gallons of wine annually, and at least two shall be persons who produce wine from their own grapes. In addition, at least one member shall be a wine producer located in western Washington and at least two members shall be wine producers located in eastern Washington.
(2) The commission shall have one nonvoting member who is a wine producer in this state whose principal wine or wines are produced from fruit other than vinifera grapes.
(3) Seven voting members of the commission constitute a quorum for the transaction of any business of the commission.
(4) Each voting member of the commission shall be a citizen and resident of this state and over the age of twenty-one years. Each voting member, except the member holding position eleven, must be or must have been engaged in that phase of the grower or wine producer industry that he or she is appointed to represent, and must during his or her term of office derive a substantial portion of income therefrom, or have a substantial investment in the growing of vinifera grapes or the production of wine from vinifera grapes as an owner, lessee, partner, or a stockholder owning at least ten percent of the voting stock in a corporation engaged in the growing of vinifera grapes or wine production from vinifera grapes; or the manager or executive officer of such a corporation. These qualifications apply throughout each member's term of office. This subsection does not apply to the director.
[ 2003 c 396 s 38; 1997 c 321 s 40; 1988 c 254 s 12; 1987 c 452 s 3.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective date—1997 c 321: See note following RCW 66.24.010.

catchline: Wine commission created—Composition.


title: RCW 15.88.040

text:
The appointed voting positions on the commission shall be designated as follows: The wine producers shall be designated positions one, two, three, four, and five; the growers shall be designated positions six, seven, eight, nine, and ten; the wine wholesaler shall be position eleven; and the director shall be position number thirteen. The nonvoting industry member shall be designated position number twelve. The member designated as filling position one shall be a person producing over one million gallons of wine annually. The member designated as position one shall be the sole representative, directly or indirectly, of the producer eligible to hold position one and in no event shall that producer directly or indirectly control more than fifty percent of the votes of the commission.
Except for position thirteen, the regular terms of office shall be three years from the date of appointment and until their successors are appointed. However, the first terms of the members appointed upon July 1, 1987, shall be as follows: Positions one, six, and eleven shall terminate July 1, 1990; positions two, four, seven, and nine shall terminate July 1, 1989; and positions three, five, eight, and ten shall terminate July 1, 1988. The term of the initial nonvoting industry member shall terminate July 1, 1990.
[ 2003 c 396 s 39; 1988 c 254 s 13; 1987 c 452 s 4.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

catchline: Designation of commission members—Terms.


title: RCW 15.88.050

text:
(1) The director shall appoint the members of the commission. In making such appointments, the director shall take into consideration recommendations made by the growers' association and the wine institute as the persons recommended for appointment as members of the commission. In appointing persons to the commission, the director shall seek to ensure as nearly as possible a balanced representation on the commission which would reflect the composition of the growers and wine producers throughout the state as to number of acres cultivated and amount of wine produced.
(2) The appointment shall be carried out immediately subsequent to July 1, 1987, and members so appointed as set forth in this chapter shall serve for the periods set forth for the original members of the commission under RCW 15.88.040.
(3) In the event a position on the commission becomes vacant due to resignation, disqualification, death, or for any other reason, the unexpired term of the position shall immediately be filled by appointment by the director.
(4) Each member or employee of the commission shall be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter as defined by the commission in rule. Otherwise if not defined in rule, reimbursement for travel expenses shall be at the rates allowed by RCW 43.03.050 and 43.03.060.
[ 2003 c 396 s 40; 2002 c 313 s 111; 1987 c 452 s 5.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Appointment of members—Travel expenses.


title: RCW 15.88.060

text:
Obligations incurred by the commission and liabilities or claims against the commission shall be enforced only against the assets of the commission in the same manner as if it were a corporation and no liability for the debts or actions of the commission shall exist against either the state of Washington or any subdivision or instrumentality thereof or against any member, officer, employee, or agent of the commission in his or her individual capacity. The members of the commission, including employees of the commission, shall not be held responsible individually or any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employees, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other members of the commission.
[ 1987 c 452 s 6.]

catchline: Enforcement of commission obligations against commission assets—Liability of commission members and employees.


title: RCW 15.88.070

text:
The powers and duties of the commission include:
(1) To elect a chair and such officers as the commission deems advisable. The officers shall include a treasurer who is responsible for all receipts and disbursements by the commission and the faithful discharge of whose duties shall be guaranteed by a bond at the sole expense of the commission. The commission shall adopt rules for its own governance, which shall provide for the holding of an annual meeting for the election of officers and transaction of other business and for such other meetings as the commission may direct;
(2) To do all things reasonably necessary to effect the purposes of this chapter. However, the commission shall have no legislative power;
(3) At the pleasure of the commission, to employ and discharge managers, secretaries, agents, attorneys, and employees and to engage the services of independent contractors as the commission deems necessary, to prescribe their duties, and to fix their compensation;
(4) To receive donations of wine from wineries for promotional purposes;
(5) To engage directly or indirectly in the promotion of Washington wine, including without limitation the acquisition in any lawful manner and the dissemination without charge of wine, which dissemination shall not be deemed a sale for any purpose and in which dissemination the commission shall not be deemed a wine producer, supplier, or manufacturer of any kind or the clerk, servant, or agent of a producer, supplier, or manufacturer of any kind. Such dissemination shall be for agricultural development or trade promotion, which may include promotional hosting and shall in the good faith judgment of the commission be in aid of the marketing, advertising, or sale of wine, or of research related to such marketing, advertising, or sale;
(6) To acquire and transfer personal and real property, establish offices, incur expense, enter into contracts (including contracts for creation and printing of promotional literature, which contracts shall not be subject to chapter 43.19 RCW, but which shall be cancelable by the commission unless performed under conditions of employment which substantially conform to the laws of this state and the rules of the department of labor and industries). The commission may create such debt and other liabilities as may be reasonable for proper discharge of its duties under this chapter;
(7) To maintain such account or accounts with one or more qualified public depositaries as the commission may direct, to cause moneys to be deposited therein, and to expend moneys for purposes authorized by this chapter by drafts made by the commission upon such institutions or by other means;
(8) To cause to be kept and annually closed, in accordance with generally accepted accounting principles, accurate records of all receipts, disbursements, and other financial transactions, available for audit by the state auditor;
(9) To create and maintain a list of producers and to disseminate information among and solicit the opinions of producers with respect to the discharge of the duties of the commission, directly or by arrangement with trade associations or other instrumentalities;
(10) To employ, designate as agent, act in concert with, and enter into contracts with any person, council, commission or other entity for the purpose of promoting the general welfare of the vinifera grape industry and particularly for the purpose of assisting in the sale and distribution of Washington wine in domestic and foreign commerce, expending moneys as it may deem necessary or advisable for such purpose and for the purpose of paying its proportionate share of the cost of any program providing direct or indirect assistance to the sale and distribution of Washington wine in domestic or foreign commerce, employing and paying for vendors of professional services of all kinds; and
(11) To sue and be sued as a commission, without individual liability for acts of the commission within the scope of the powers conferred upon it by this chapter.
[ 2015 c 225 s 12; 2010 c 8 s 6114; 1987 c 452 s 7.]

catchline: Commission powers and duties.


title: RCW 15.88.073

text:
(1) The commission shall develop and submit to the director for approval any plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising, promotion, and education of the affected commodities; and
(b) The establishment and effectuation of market research projects, market development projects, or both to the end that the marketing and utilization of the affected commodities may be encouraged, expanded, improved, or made more efficient.
(2) The director shall review the commission's advertising or promotion program to ensure that no false claims are being made concerning the affected commodities.
(3) The commission, prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its research plan, its commodity-related education and training plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a timely manner.
[ 2003 c 396 s 42.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

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


title: RCW 15.88.075

text:
The commission exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges the commission, with oversight by the director, to speak on behalf of the Washington state government with regard to wine grapes and wine.
[ 2003 c 396 s 43.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

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


title: RCW 15.88.080

text:
The commission shall create, provide for, and conduct a comprehensive and extensive research, promotional, and educational campaign as crop, sales, and market conditions reasonably require. It shall investigate and ascertain the needs of producers, conditions of markets, and degree of public awareness of products, and take into account the information adduced thereby in the discharge of its duties under this chapter.
[ 1987 c 452 s 8.]

catchline: Research, promotional, and educational campaign.


title: RCW 15.88.090

text:
The commission shall adopt as major objectives of its research, promotional, and educational campaign such goals as will serve the needs of producers, which may include, without limitation, efforts to:
(1) Establish Washington wine as a major factor in markets everywhere;
(2) Promote Washington wineries as tourist attractions;
(3) Encourage favorable reporting of Washington wine and wineries in the press throughout the world;
(4) Establish the state in markets everywhere as a major source of premium wine;
(5) Encourage favorable legislative and regulatory treatment of Washington wine in markets everywhere;
(6) Foster economic conditions favorable to investment in the production of vinifera grapes and Washington wine;
(7) Advance knowledge and practice of production of wine grapes in this state;
(8) Discover and develop new and improved vines for the reliable and economical production of wine grapes in the state; and
(9) Advance knowledge and practice of the processing of wine grapes in the state.
[ 1987 c 452 s 9.]

catchline: Campaign goals.


title: RCW 15.88.100

text:
(1) Except as provided in subsection (2) of this section, the vote of each of the voting members of the commission shall be weighted as provided by this subsection for the transaction of any of the business of the commission. The total voting strength of the entire voting membership of the commission shall be twelve votes. The vote of position one shall be equal to the lesser of the following: Six and one-half votes; or eleven votes times the percentage of the wine produced in the state that is produced by the person filling position one. The percentage shall be based upon the amount of wine produced in the previous calendar year and shall be rounded to the nearest ten percent. The remaining votes of the membership of the commission shall be divided equally among the remaining members of the commission.
(2) In the event that the percentage of wine produced by the producer represented by position one falls below twenty-five percent of the wine produced in this state, the weighted voting mechanism provided for in subsection (1) of this section shall cease to be effective. In that case, the voting shall be based on one vote per position.
[ 2003 c 396 s 41; 1988 c 254 s 14; 1987 c 452 s 10.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective date—1988 c 254 s 14: "Section 14 of this act shall take effect July 1, 1989." [ 1988 c 254 s 15.]

catchline: Commission members' votes weighted—Exception.


title: RCW 15.88.120

text:
(1) The commission shall cause a list to be prepared of all Washington growers from any information available from the department, growers' association, or wine producers. This list shall contain the names and addresses of all persons who grow vinifera grapes for sale or use by wine producers within this state and the amount (by tonnage) of vinifera grapes produced during the period designated by the commission. A qualified person may, at any time, have his or her name placed upon the list by delivering or mailing the information to the commission. This list shall be corrected and brought up-to-date in accordance with evidence and information available to the commission on or before December 31st of each year. For all purposes of giving notice and holding referendums, the list on hand, corrected up to the day next preceding the date for issuing notices or ballots as the case may be, is, for purposes of this chapter, deemed to be the list of all growers entitled to notice or to assent or dissent or to vote.
(2) The commission shall develop a reporting system to document that the vinifera grape growers in this state are reporting quantities of vinifera grapes grown and subject to the assessment as provided in RCW 15.88.130.
[ 1988 c 257 s 1.]

catchline: List of growers of vinifera grapes—Reporting system.


title: RCW 15.88.130

text:
(1) Pursuant to approval by referendum in accordance with RCW 15.88.140, commencing on July 1, 1989, there shall be levied, and the commission shall collect, upon all vinifera grapes grown within this state an annual assessment of three dollars per ton of vinifera grapes harvested to be paid by the grower of the grapes.
(2) The commission shall recommend rules to the director prescribing the time, place, and method for payment and collection of this assessment. For such purpose, the commission may recommend that the director, by rule, require the wine producers or handlers within this state to collect the grower assessments from growers whose vinifera grapes they purchase or accept delivery and remit the assessments to the commission, and provide for collecting assessments from growers who ship directly out of state.
(3) After considering any recommendations made under subsection (2) of this section, the director shall adopt rules, in accordance with chapter 34.05 RCW, prescribing the time, place, and method for the payment and collection of the assessment levied under this section and approved under RCW 15.88.140.
[ 1988 c 257 s 2.]

catchline: Annual assessment on harvested vinifera grapes—Approval by referendum—Rules.


title: RCW 15.88.140

text:
(1) For purposes of determining grower participation in the commission and assessment under RCW 15.88.130, the director shall conduct a referendum among all vinifera grape growers within the state. The requirements of assent or approval of the referendum will be held to be complied with if: (a) At least fifty-one percent by numbers of growers replying in the referendum vote affirmatively or at least fifty-one percent by acreage of those growers replying in the referendum vote affirmatively; and (b) thirty percent of all vinifera grape growers and thirty percent by acreage have been represented in the referendum to determine assent or approval of participation and assessment. The referendum shall be conducted on or before September 15, 1988.
(2) If the director determines that the requisite assent has been given, the director shall direct the commission to put into force the assessment in RCW 15.88.130.
(3) If the director determines that the requisite assent has not been given, the director shall direct the commission not to levy the assessment provided in RCW 15.88.130. If the requisite assent has not been given, the commission shall not continue to specifically foster the interests of vinifera grape growers.
[ 1988 c 257 s 3.]

catchline: Referendum determining grower participation—Effect.


title: RCW 15.88.150

text:
The commission shall deposit moneys collected under RCW 15.88.130 in a separate account in the name of the commission in any bank that is a state depositary. All expenditures and disbursements made from this account under this chapter may be made without the necessity of a specific legislative appropriation. None of the provisions of RCW 43.01.050 apply to this account or to the moneys received, collected, or expended as provided in RCW 15.88.120 through 15.88.160.
[ 1988 c 257 s 4.]

catchline: Deposit of moneys.


title: RCW 15.88.160

text:
A due and payable assessment levied in such specified amount as determined by the commission under RCW 15.88.130 constitutes a personal debt of every person so assessed or who otherwise owes the assessment, and the assessment is due and payable to the commission when payment is called for by the commission. If a person fails to pay the commission the full amount of the assessment by the date due, the commission may add to the unpaid assessment an amount not exceeding ten percent of the assessment to defray the cost of enforcing its collection. If the person fails to pay any such due and payable assessment or other such sum, the commission may bring a civil action for collection against the person or persons in a court of competent jurisdiction. The action shall be tried and judgment rendered as in any other cause of action for a debt due and payable.
[ 1988 c 257 s 5.]

catchline: Assessment constitutes debt—Penalty for nonpayment—Civil action.


title: RCW 15.88.170

text:
(1) Under RCW 42.56.380, certain agricultural business records, commission records, and department of agriculture records relating to the commission and producers of agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records submitted to either the department or the commission for the purpose of administering this chapter may be shared between the department and the commission. They may also be used, if required, in any suit or administrative hearing involving any provision of this chapter or a marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of persons subject to this chapter as long as the statements do not identify the information furnished by any person; or
(b) The publication by the director or the commission of the name of any person violating this chapter and a statement of the manner of the violation by that person.
[ 2005 c 274 s 219; 2002 c 313 s 70.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

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


title: RCW 15.88.180

text:
(1) The director may provide by rule for a method to fund staff support for all commodity boards or commissions in accordance with RCW 43.23.033 if a position is not directly funded by the legislature and costs related to the specific activity undertaken on behalf of an individual commodity board or commission. The commission shall provide funds to the department according to the rules adopted by the director.
(2) The costs incurred by the department associated with the implementation of RCW 15.88.073 shall be paid for by the commission.
[ 2003 c 396 s 44; 2002 c 313 s 76.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Funding staff support—Rules—Costs of implementing RCW 15.88.073.


title: RCW 15.88.190

text:
The commission must assist the legislative gift center in selecting the Washington wines the legislative gift center will sell as provided in RCW 44.73.015.
[ 2009 c 228 s 4.]
Notes:
Findings—Intent—2009 c 228: See note following RCW 66.12.195.

catchline: Commission must assist legislative gift center—Selection of Washington wines.


title: RCW 15.88.900

text:
This act shall be liberally construed to effectuate its purposes.
[ 1987 c 452 s 19.]

catchline: Construction—1987 c 452.


title: RCW 15.88.901

text:
(1) Sections 1 through 9 and 11 through 20 of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987.
(2) Section 10 of this act shall take effect July 1, 1989.
[ 1987 c 452 s 21.]

catchline: Effective dates—1987 c 452.


title: RCW 15.89.010

text:
The legislature declares that:
(1) Marketing is a dynamic and changing part of Washington agriculture and a vital element in expanding the state economy;
(2) The sale in this state and export to other states and abroad of beer made in this state contribute substantial benefits to the economy of the state and provide a large number of jobs and sizeable tax revenues;
(3) The production of beer in this state is a new and important segment of Washington agriculture that has potential for greater contribution to the economy of the state if it undergoes continued development; and
(4) The general welfare of the people of this state will be served by continued development of the activities of the production of beer, that will improve the tax bases of local communities where agricultural land and processing facilities are located, and reduce the need for state and federal funding of local services. The industries are therefore affected with the public interest.
[ 2006 c 330 s 1.]

catchline: Legislative declaration.


title: RCW 15.89.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Beer" means any malt beverage or malt liquor as the terms are defined in chapter 66.04 RCW.
(2) "Commission" means the Washington beer commission.
(3) "Department" means the department of agriculture.
(4) "Director" means the director of the department or the director's duly authorized representative.
(5) "Fiscal year" means the twelve-month period beginning with January 1st of any year and ending December 31st.
(6) "Producer" means any person or other entity licensed under Title 66 RCW to produce beer within Washington.
(7) "Referendum" means a vote by producers that is conducted by secret ballot.
[ 2011 c 54 s 1; 2006 c 330 s 2.]

catchline: Definitions.