title: RCW 15.14.015

text:
The director may adopt rules necessary to carry out the purpose and provisions of this chapter concerning, but not limited to:
(1) Certification of planting stock as to freedom from infection by plant pests, variety, classification, and grade.
(2) Establishment of tolerances for planting stock that is diseased, infected with plant pests, defective, or off-type.
(3) Establishment of standards and grades for planting stock.
(4) Labeling, identification, grading, and packing of foundation, registered, and certified planting stock.
(5) Inspection and testing of foundation, registered, and certified planting stock prior to planting during the growing season or seasons, prior to and during harvest, and subsequent to harvest.
(6) Exclusion and removal of diseased, infected with plant pests, defective, or off-type plants from foundation, registered, and certified planting stock.
(7) Establishing processes, site requirements, and criteria for participation in programs authorized by this chapter.
(8) Cultivation and sanitation practices in growing, storing, distributing, and processing foundation, registered, and certified planting stock.
(9) Establishing recordkeeping requirements.
(10) Production, utilization, and testing of micropropagated plants for foundation, registered, and certified planting stock.
(11) Establishment of fees and assessments for inspection, testing, and certification of planting stock and other services authorized by this chapter.
[ 1999 c 144 s 2; 1961 c 83 s 3. Formerly RCW 15.14.030.]

catchline: Rules—Scope.


doc_type: statute

jurisdiction: wa

title: RCW 15.14.025

text:
The director may:
(1) Issue certificates stating that planting stock found by the director or other authorized person to be in compliance with rules adopted under this chapter is foundation, registered, or certified planting stock.
(2) Take samples in reasonable amounts as necessary of planting stock to inspect and test for genetic characteristics and/or freedom from infection by plant pests.
(3) Publish names of growers participating in certification programs and inspection results.
(4) Require growers participating in certification programs to notify purchasers of planting stock when postharvest inspections or tests show the planting stock represented as foundation, registered, or certified has failed to meet minimum standards for certification.
[ 1999 c 144 s 3; 1961 c 83 s 7. Formerly RCW 15.14.070.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Certificates—Samples for inspection and testing—Publish information—Notify purchasers of results.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 15.14.035

text:
In order to carry out the purposes of this chapter, the director may enter at reasonable times as determined by the director and inspect any property or premises and any records required under this chapter. If the director is denied access to any property, premises, or records, the director may suspend, cancel, or refuse certification or other approval of the planting stock or may apply to a court of competent jurisdiction for a search warrant authorizing access to the property, premises, or records. The court may upon the application issue a search warrant for the purpose requested.
[ 1999 c 144 s 4.]

catchline: Inspection of property, premises, or records—Denial of access—Search warrant.


title: RCW 15.14.045

text:
The director may enter into compliance agreements with any grower of foundation, registered, or certified planting stock for the purpose of carrying out the provisions of this chapter. The director may suspend or cancel any compliance agreement for cause. Upon notice by the director to suspend or cancel a compliance agreement, a person may request a hearing under chapter 34.05 RCW.
[ 1999 c 144 s 5.]

catchline: Compliance agreements authorized—Suspension or cancellation—Hearing.


title: RCW 15.14.050

text:
For purposes of maintaining and/or improving the genetic characteristics and freedom from infection by plant pests of any registered, foundation, and breeder planting stock, the director may acquire, propagate, and distribute registered, foundation, and breeder planting stock to producers and commercial growers. The director may charge fees for the planting stock and may place restrictions on its use and propagation by producers and commercial growers.
[ 1999 c 144 s 6; 1961 c 83 s 5.]

catchline: Registered, foundation, and breeder planting stock—Availability to producers and commercial growers—Restrictions on use—Fees.


title: RCW 15.14.065

text:
The director may accept as certified, registered, foundation, or breeder planting stock any planting stock grown or produced by Washington State University, the United States department of agriculture or other propagators whose plant materials are produced in conformance with the requirements of this chapter and rules adopted under this chapter.
[ 1999 c 144 s 7; 1961 c 83 s 11. Formerly RCW 15.14.110.]

catchline: Acceptance as certified, registered, foundation, or breeder planting stock.


title: RCW 15.14.075

text:
The director may cooperate with and enter into agreements with Washington State University, the United States department of agriculture, other state and federal agencies, and any other organization in order to carry out the purposes and provisions of this chapter.
[ 1999 c 144 s 8; 1961 c 83 s 12. Formerly RCW 15.14.120.]

catchline: Agreements with Washington State University, governmental entities, and other organizations.


title: RCW 15.14.085

text:
The director may acquire by gift, grant, or endowment from public or private sources, as may be made in trust or otherwise, for the use and benefit of the purposes of this chapter, real property and any other type property, and expend the same or any income therefrom according to the terms of the gift, grant, or endowment.
[ 1999 c 144 s 9; 1961 c 83 s 4. Formerly RCW 15.14.040.]

catchline: Acquisition of property—Use of property.


title: RCW 15.14.095

text:
The director may suspend, cancel, or refuse certification or other approval of any planting stock that fails to meet the certification requirements authorized in this chapter. Upon notice by the director to suspend, cancel, or refuse certification or other approval of any planting stock, a person may request a hearing under chapter 34.05 RCW.
[ 1999 c 144 s 10.]

catchline: Failure to meet certification requirements—Director's options—Notice—Hearing.


title: RCW 15.14.105

text:
It is unlawful for any person to sell, offer for sale, hold for sale, label, identify, represent, or to advertise any planting stock as being certified, registered, foundation, or breeder planting stock unless it complies with the requirements of this chapter and rules adopted under this chapter.
[ 1999 c 144 s 11; 1961 c 83 s 14. Formerly RCW 15.14.140.]

catchline: Unlawful acts.


title: RCW 15.14.115

text:
The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any rule adopted pursuant to this chapter in the superior court of Thurston county, notwithstanding the existence of other remedies at law.
[ 1961 c 83 s 15. Formerly RCW 15.14.150.]

catchline: Injunctions.


title: RCW 15.14.125

text:
A late charge of one and one-half percent per month shall be assessed on the unpaid balance against persons more than thirty days in arrears for any fee or assessment authorized by this chapter.
[ 1999 c 144 s 12.]

catchline: Late charge on fee or assessment.


title: RCW 15.14.135

text:
The director may withhold services to growers of planting stock for refusal to comply with the provisions of this chapter or its rules, for nonpayment of fees and assessment moneys owed to the department by law, or for nonpayment of any assessment moneys due to an agricultural commodity commission.
[ 1999 c 144 s 13.]

catchline: Noncompliance by growers—Director may withhold services.


title: RCW 15.14.145

text:
All the moneys collected under the provisions of this chapter shall be paid to the director and deposited in the planting stock certification account within the agricultural local fund and shall be used only to carry out the purposes and provisions of this chapter.
[ 1999 c 144 s 14; 1961 c 83 s 13. Formerly RCW 15.14.130.]

catchline: Deposit of funds in planting stock certification account—Use.


title: RCW 15.14.900

text:
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1961 c 83 s 16.]

catchline: Chapter cumulative and nonexclusive.


title: RCW 15.140.010

text:
The legislature intends to:
(1) Authorize and establish a new licensing and regulatory program for hemp production in this state in accordance with the agriculture improvement act of 2018;
(2) Replace the industrial hemp research program in *chapter 15.120 RCW, with the new licensing and regulatory program established in this chapter, and enable hemp growers licensed under the industrial hemp research program on the effective date of rules implementing this chapter and regulating hemp production, to transfer into the program created in this chapter; and
(3) Authorize the growing of hemp as a legal, agricultural activity in this state. Hemp is an agricultural product that may be legally grown, produced, processed, possessed, transferred, commercially sold, and traded. Hemp and processed hemp produced in accordance with this chapter or produced lawfully under the laws of another state, tribe, or country may be transferred and sold within the state, outside of this state, and internationally. Nothing in this chapter is intended to prevent or restrain commerce in this state involving hemp or hemp products produced lawfully under the laws of another state, tribe, or country.
[ 2019 c 158 s 1.]
Notes:
*Reviser's note: Chapter 15.120 RCW was repealed by 2019 c 158 s 15.

catchline: Intent.


title: RCW 15.140.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agriculture improvement act of 2018" means sections 7605, 10113, 10114, and 12619 of the agriculture improvement act of 2018, P.L. 115-334.
(2) "Cannabis" has the meaning provided in RCW 69.50.101.
(3) "Crop" means hemp grown as an agricultural commodity.
(4) "Cultivar" means a variation of the plant Cannabis sativa L. that has been developed through cultivation by selective breeding.
(5) "Department" means the Washington state department of agriculture.
(6) "Food" has the same meaning as defined in RCW 69.07.010.
(7) "Hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
(8) "Hemp consumable" means a product that is sold or provided to another person, that is:
(a) Made of hemp;
(b) Not a cannabis product, as defined in RCW 69.50.101; and
(c) Intended to be consumed or absorbed inside the body by any means, including inhalation, ingestion, or insertion.
(9) "Hemp processor" means a person who takes possession of raw hemp material with the intent to modify, package, or sell a transitional or finished hemp product.
(10)(a) "Industrial hemp" means all parts and varieties of the genera Cannabis, cultivated or possessed by a grower, whether growing or not, that contain a tetrahydrocannabinol concentration of 0.3 percent or less by dry weight that was grown under the industrial hemp research program as it existed on December 31, 2019.
(b) "Industrial hemp" does not include plants of the genera Cannabis that meet the definition of "cannabis."
(11) "Postharvest test" means a test of tetrahydrocannabinol concentration levels of hemp after being harvested based on:
(a) Ground whole plant samples without heat applied; or
(b) Other approved testing methods.
(12) "Process" means the processing, compounding, or conversion of hemp into hemp commodities or products.
(13) "Produce" or "production" means the planting, cultivation, growing, or harvesting of hemp including hemp seed.
[ 2023 c 365 s 1; 2022 c 16 s 19; 2021 c 104 s 2; 2019 c 158 s 2.]
Notes:
Construction—2023 c 365: See note following RCW 69.50.326.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Intent—2021 c 104: "The legislature intends to authorize and establish hemp processor registration and hemp extract certification necessary for entrance and compliance with interstate and international commerce and business requirements or stipulations in regard to hemp processing. A voluntary processor registration or hemp extract certification in lieu of a hemp processor license will allow persons or companies to ship transitional or final hemp products to states and countries that require a hemp processor license or registration." [ 2021 c 104 s 1.]

catchline: Definitions.


title: RCW 15.140.030

text:
(1) The department must develop an agricultural commodity program to replace the industrial hemp research pilot program in *chapter 15.120 RCW, in accordance with the agriculture improvement act of 2018.
(2) The department has sole regulatory authority over the production of hemp and may adopt rules to implement this chapter. All rules relating to hemp, including any testing of hemp, are outside of the control and authority of the liquor and cannabis board.
(3) If the department adopts rules implementing this chapter that are effective by June 1, 2019, persons licensed to grow hemp under *chapter 15.120 RCW may transfer into the regulatory program established in this chapter, and continue hemp production under this chapter. If the department adopts rules implementing this chapter that are effective after June 1, 2019, people licensed to grow hemp under *chapter 15.120 RCW may continue hemp production under this chapter as of the effective date of the rules.
(4) Immediately upon April 26, 2019, and before the adoption of rules implementing this chapter, persons licensed to grow hemp under *chapter 15.120 RCW may produce hemp in a manner otherwise consistent with the provisions of this chapter and the agriculture improvement act of 2018.
[ 2019 c 158 s 3.]
Notes:
*Reviser's note: Chapter 15.120 RCW was repealed by 2019 c 158 s 15.

catchline: Agricultural commodity program—Rule-making authority.


title: RCW 15.140.040

text:
(1) The department must develop the state's hemp plan to conform to the agriculture improvement act of 2018, to include consultation with the governor and the attorney general and the plan elements required in the agriculture improvement act of 2018.
(2) Consistent with subsection (1) of this section, the state's hemp plan must include the following elements:
(a) A practice for hemp producers to maintain relevant information regarding land on which hemp is produced, including a legal description of the land, for a period of not less than three calendar years;
(b) A procedure for testing, using postdecarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp, without the application of heat;
(c) A procedure for the effective disposal of plants, whether growing or not, that are produced in violation of this chapter, and products derived from such plants;
(d) A procedure for enforcement of violations of the plan and for corrective action plans for licensees as required under the agriculture improvement act of 2018;
(e) A procedure for conducting annual inspections of, at a minimum, a random sample of hemp producers to verify hemp is not produced in violation of this chapter; and
(f) A certification that the state has the resources and personnel to carry out the practices and procedures described in this section.
(3) The proposal for the state's plan may include any other practice or procedure established to the extent the practice or procedure is consistent with the agriculture improvement act of 2018.
(4) Hemp and processed hemp produced in accordance with this chapter or produced lawfully under the laws of another state, tribe, or country may be transferred and sold within this state, outside of this state, and internationally.
(5) The whole hemp plant may be used as food. The department shall regulate the processing of hemp for food products, that are allowable under federal law, in the same manner as other food processing under chapters 15.130 and 69.07 RCW and may adopt rules as necessary to properly regulate the processing of hemp for food products including, but not limited to, establishing standards for creating hemp extracts used for food.
[ 2019 c 158 s 4.]

catchline: State's hemp plan.


title: RCW 15.140.050

text:
The department must develop a postharvest test protocol for testing hemp under this chapter that includes testing of whole plant samples or other testing protocol identified in regulations established by the United States department of agriculture, including the testing procedures for delta-9 tetrahydrocannabinol concentration levels of hemp produced by producers under the state plan.
[ 2019 c 158 s 5.]

catchline: Postharvest test protocol.


title: RCW 15.140.060

text:
(1) The department must issue hemp producer licenses to applicants qualified under this chapter and the agriculture improvement act of 2018. The department may adopt rules pursuant to this chapter and chapter 34.05 RCW as necessary to license persons to grow hemp under a commercial hemp program. The department may adopt rules pursuant to this chapter and chapter 34.05 RCW as necessary to register hemp processors.
(2) A hemp processor that processes hemp for commercial use or sale may register with the department. The registration application must include the physical address of all locations where hemp is processed or stored, a registration fee as set in rule, and any other information required by the department by rule. A registered hemp processor is not required to obtain a hemp producer license. A registered hemp processor must be a registered business entity in Washington state or a foreign entity compliant with state laws.
(3) The plan must identify qualifications for license applicants, to include adults and corporate persons and to exclude persons with felony convictions as required under the agriculture improvement act of 2018.
(4) The department must establish license fees in an amount that will fund the implementation of this chapter and sustain the hemp program. The department may adopt rules establishing fees for tetrahydrocannabinol testing, inspections, and additional services required by the United States department of agriculture. License fees and any money received by the department under this chapter must be deposited in the hemp regulatory account created in RCW 15.140.080.
[ 2021 c 104 s 3; 2019 c 158 s 6.]
Notes:
Intent—2021 c 104: See note following RCW 15.140.020.

catchline: Hemp producer license—Hemp processor registration—Rules—Fees.


title: RCW 15.140.070

text:
A person producing hemp pursuant to this chapter must notify the department of the source of the hemp seed or clones solely for the purpose of maintaining a record of the sources of seeds and clones being used or having been used for hemp production in this state. Hemp seed is an agricultural seed.
[ 2019 c 158 s 7.]

catchline: Source of hemp seeds or clones.


title: RCW 15.140.080

text:
The hemp regulatory account is created in the custody of the state treasurer. All receipts from fees established under this chapter must be deposited into the account. Expenditures from the account may be used only for implementing this chapter. Only the director of the state department of agriculture or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2019 c 158 s 8.]

catchline: Hemp regulatory account.


title: RCW 15.140.090

text:
Washington State University may, within existing resources, develop and make accessible an internet-based application designed to assist hemp producers by providing regional communications concerning recommended planting times for hemp crops in this state.
[ 2019 c 158 s 9.]

catchline: Internet-based application.


title: RCW 15.140.100

text:
(1) There is no distance requirement, limitation, or buffer zone between any licensed hemp producer or hemp processing facility licensed or authorized under this chapter and any cannabis producer or cannabis processor licensed under chapter 69.50 RCW. No rule may establish such a distance requirement, limitation, or buffer zone without the evaluation of sufficient data showing impacts to either crop as a result of cross-pollination.
(2) Notwithstanding subsection (1) of this section, in an effort to prevent cross-pollination between hemp plants produced under this chapter and cannabis plants produced under chapter 69.50 RCW, the department, in consultation with the liquor and cannabis board, must review the state's policy regarding cross-pollination and pollen capture to ensure an appropriate policy is in place, and must modify policies or establish new policies as appropriate. Under any such policy, when a documented conflict involving cross-pollination exists between two farms or production facilities growing or producing hemp or cannabis, the farm or production facility operating first in time shall have the right to continue operating and the farm or production facility operating second in time must cease growing or producing hemp or cannabis, as applicable.
[ 2022 c 16 s 20; 2019 c 158 s 10.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.

catchline: Cross-pollination—Hemp plants and cannabis plants.


title: RCW 15.140.110

text:
(1) The department must use expedited rule making to adopt the state hemp plan submitted to the United States department of agriculture. As allowed under this section, rule making by the department to adopt the approved hemp plan qualifies as expedited rule making under RCW 34.05.353. Upon the submittal of the plan to the United States department of agriculture, the department may conduct initial expedited rule making under RCW 34.05.353 to establish rules to allow hemp licenses to be issued without delay.
(2) On the effective date of rules adopted by the department regulating hemp production under chapter 15.140 RCW, a licensed hemp producer under this chapter may immediately produce hemp pursuant to chapter 15.140 RCW with all the privileges of a hemp producer licensed under chapter 15.140 RCW.
[ 2019 c 158 s 11.]

catchline: Expedited rule making to adopt the state hemp plan.


title: RCW 15.140.120

text:
Beginning on April 26, 2019:
(1)(a) No law or rule related to certified or interstate hemp seeds applies to or may be enforced against a person with a license to produce or process hemp issued under this chapter; and
(b) No department or other state agency rule may establish or enforce a buffer zone or distance requirement between a person with a license or authorization to produce or process hemp under this chapter and a person with a license to produce or process cannabis issued under chapter 69.50 RCW. The department may not adopt rules without the evaluation of sufficient data showing impacts to either crop as a result of cross-pollination.
(2) Notwithstanding the rule-making provisions of RCW 15.140.030(2), if a cannabis producer or cannabis processor licensed by the liquor and cannabis board under chapter 69.50 RCW is engaged in producing or processing hemp at the same location for which they are licensed to produce or process cannabis, the liquor and cannabis board may test samples represented as hemp that are obtained from a location licensed for cannabis production or cannabis processing for the sole purpose of validating THC content of products represented as hemp. Any product with a delta-9 tetrahydrocannabinol concentration exceeding 0.3 percent on a dry weight basis is considered cannabis and is subject to the provisions of chapter 69.50 RCW.
[ 2022 c 16 s 21; 2021 c 104 s 4; 2019 c 158 s 16.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Intent—2021 c 104: See note following RCW 15.140.020.

catchline: Limitation of enforcement of certain laws and rules.


title: RCW 15.140.900

text:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 26, 2019].
[ 2019 c 158 s 19.]

catchline: Effective date—2019 c 158.


title: RCW 15.145.005

text:
The legislature finds that healthy soil is a cornerstone of a high quality of life on earth and that soil health is integral to supporting agricultural viability, promoting positive environmental outcomes, and ensuring the long-term availability of nutritious food.
It is the intent of the legislature that the mission of the Washington soil health initiative be the promotion of collaborative soil health research, education, demonstration projects, and technical assistance activities designed to identify, promote, and implement soil health stewardship practices that are grounded in sound science and that can be voluntarily and economically implemented by farmers and ranchers across Washington's diverse agricultural communities, climates, and geographies.
[ 2020 c 314 s 1.]

catchline: Finding—Intent.


title: RCW 15.145.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Collaborating agencies" means the university, the department, and the commission.
(2) "Commission" means the Washington state conservation commission.
(3) "Department" means the Washington department of agriculture.
(4) "Soil health" means the continued capacity of the soil to function as a vital living ecosystem that sustains plants, animals, and humans.
(5) "Soil health initiative" means the Washington soil health initiative created by this chapter as a collaborative partnership to promote and implement voluntary soil management actions and systems to improve soil health, environmental function, nutrition, and the productivity of working farm and ranch lands.
(6) "University" means Washington State University.
[ 2020 c 314 s 2.]


title: RCW 15.145.020

text:
(1) The Washington soil health initiative is created as a partnership jointly administered by the collaborating agencies.
(2) The goals and objectives of the soil health initiative are to improve:
(a) Agricultural viability, by improving farm profitability; and by helping agricultural producers implement good soil health practices that build soil organic matter, reduce soil erosion, soil compaction and production costs, and improve nutrient management, soil tilth, moisture infiltration, moisture retention, drought resilience, disease suppression, and the beneficial activity of microbes, fungi, earthworms, and other organisms;
(b) Nutrition, by increasing health-promoting nutrients, micronutrients, and microbial processes of agricultural soils; and by improving nutrient uptake, thereby expanding access to nutritious food and improving human health; and
(c) Environmental function, by reducing soil erosion, runoff, and leaching of nutrients and pollutants, thereby improving water quality; and by promoting strategies to store carbon and build soil organic matter and other beneficial properties, thereby enhancing the environmental functions of agricultural soils.
(3) In addition to the joint responsibilities established for the collaborative agencies in this section and the primary responsibilities established for each collaborating agency in RCW 15.145.030 through 15.145.050, the collaborating agencies may pursue any action designed to improve soil health and promote complementary improvements to agricultural viability, nutrition, and environmental function. The collaborating agencies must jointly:
(a) Support and supplement current Washington soil health advisory committee membership to promote effective implementation of the soil health initiative. Committee members must be qualified and knowledgeable regarding soil health stewardship. Membership may include agricultural producers, soil scientists or specialists, and representatives of governmental, nongovernmental, and tribal organizations interested in soil health as it pertains to agricultural viability, nutrition, or environmental function. The collaborating agencies must convene, staff, and develop agendas for each Washington soil health advisory committee meeting and appoint committee members and subcommittee members as appropriate. No appointment is effective unless all collaborating agencies concur in the appointment;
(b) Assess programmatic needs and build the capacities of the collaborating agencies to fill gaps in scientific research, economic assessment, staffing, technical assistance, grants administration, project implementation, data management, and monitoring tools to improve the reach and effectiveness of the soil health initiative;
(c) Prioritize in-state sourcing of needed soil health initiative resources including, but not limited to, testing resources, seeds, compost materials, supplies, and equipment;
(d) Employ adaptive management to support the improvement and long-term viability of the soil health initiative, including modification of soil health metrics, priorities, and activities to maximize complementary net benefits for agricultural viability, nutrition, and environmental function. To the extent practicable, metrics chosen to assess changes from baseline environmental function must be measured per unit of production;
(e) Submit a biennial Washington soil health initiative progress report to the governor and appropriate committees of the legislature by October 1, 2020, and every even-numbered year thereafter. The report's recommendations must include an assessment of success in meeting the soil health initiative's goals and objectives, a biennial work plan detailing any proposed legislation, budget requests or administrative rules, and a prioritized list of proposed actions needed to fulfill each collaborating agency's responsibilities for programmatic components and advance soil health initiative goals and objectives in the upcoming biennium.
(4) The soil health initiative shall operate within the appropriations provided for the program.
[ 2020 c 314 s 3.]

catchline: Washington soil health initiative—Creation—Report.


title: RCW 15.145.030

text:
[(1)] The university has primary responsibility for the following components of the soil health initiative:
(1) [(a)] Establishing a regionally dispersed network of long-term agroecological research and extension demonstration sites to showcase and refine soil health research and practices, build statewide awareness and understanding, and support technical assistance capacity through trainings and on-farm demonstration projects that promote positive soil health outcomes across the state's diverse food production zones;
(2) [(b)] Compiling existing information and developing new information on nutrition effects related to agricultural soil management practices and regimes, and identifying data gaps associated with understanding and quantifying such effects across the state's diverse food production zones, soil types, tillage systems, and cropping methods. Nutrition effects information compiled, developed, and assessed must include, but not be limited to, soil, plant, and food nutrient and micronutrient levels and community access to nutritious food;
(3) [(c)] Developing a statewide soil health road map, based on a compilation of existing soil health information and ancillary agronomic, economic, environmental, and nutritional benefits and identified data gaps, to refine metrics and objectives to guide future public and private investment in the soil health initiative;
(4) [(d)] Developing a statewide agricultural soil health monitoring system and database to receive data, test modeling estimations, and measure, analyze, and track trends over time in the productive use, management, and health of Washington's agricultural soils; and
(5) [(e)] Consulting and collaborating with the department and the commission to support all soil health initiative goals, objectives, and components established in this chapter.
(6) [(2)] The university shall perform its responsibilities within the appropriations provided for the soil health initiative.
[ 2020 c 314 s 4.]

catchline: University's primary responsibilities.


title: RCW 15.145.040

text:
(1) The department has primary responsibility for the following components of the soil health initiative:
(a) Compiling existing information on agricultural viability and environmental function effects related to agricultural soil management practices and regimes across the state's diverse food production zones, soil types, tillage systems, and cropping methods, and identifying data gaps associated with understanding and quantifying such effects. Agricultural viability effects compiled and assessed must include, but not be limited to, assessments of yields, profitability, costs, and benefits. Environmental function effects compiled and assessed must include, but not be limited to, assessments of water quality and water availability;
(b) Establishing a "state of the soils" baseline assessment of statewide agricultural soil health practices and characteristic soil health indicators, which may include, but is [are] not limited to: Soil type, organic matter, aggregate stability, porosity, temperature, microbiology, and pathogens; carbon storage; nutrient management; crop rotations; cropping techniques; tillage systems; plant biomass input, residue, and cover levels; water infiltration rate; water retention; root exudates; electrical conductivity; soil nutrient, vitamin, and mineral levels including, but not limited to, levels of nitrogen, phosphorous, potassium, magnesium, sulfur, calcium, and micronutrients; and any other indicator of a soil's health, yield, profitability, or ecological function. Baseline assessments must be developed in a stepwise process to incrementally assess the baseline for each of Washington's major food production zones, soil types, tillage systems, and cropping methods, including both conventional and organic food production systems;
(c) Developing standardized methods and diagnostic tools to support accurate and cost-effective measurement of key soil health indicators at a scale and speed that supports broad implementation and verification of improved soil health stewardship across Washington's diverse agricultural landscapes;
(d) Developing and supporting an agricultural product marketing and promotion program that creates opportunities for participating producers to benefit from the emerging market for Washington food products grown under good soil health stewardship; and
(e) Consulting and collaborating with the commission and the university to support all soil health initiative goals, objectives, and components established in this chapter.
(2) In consultation with the commission and the university, the department may adopt rules as needed to carry out the purposes of this chapter.
[ 2020 c 314 s 5.]


title: RCW 15.145.050

text:
(1) The commission has primary responsibility for the following components of the soil health initiative:
(a) Developing, publishing, and distributing outreach and education materials to help conservation districts, cooperative extension, and local governments raise awareness of the importance of soil health to society and agriculture, including farmer case studies on soil health practices, experiences, and outcomes;
(b) Training and mobilizing technical service providers to encourage farmers, ranchers, and land managers to voluntarily implement desired soil health stewardship and enter into any maintenance or easement agreements needed to maintain soil health benefits obtained. The commission and the university must coordinate technical assistance, working with and through conservation districts and university extension, to avoid duplication of effort in carrying out soil health initiative technical assistance responsibilities;
(c) Training technical assistance providers, property owners, land managers, and others to voluntarily take ongoing soil health samples and measurements and submit results to the soil health monitoring database;
(d) In collaboration with the department and the university, developing equitable criteria for the awarding of grants to help producers improve soil health across the state's diverse agricultural systems; and
(e) Consulting and collaborating with the department and the university to support all soil health initiative goals, objectives, and components established in this chapter.
(2) In consultation with the department and the university, the commission may adopt rules as needed to carry out the purposes of this chapter.
(3) The commission shall perform its responsibilities within the appropriations provided for the soil health initiative.
[ 2020 c 314 s 6.]


title: RCW 15.145.060

text:
This chapter may be known and cited as the Washington soil health initiative act.
[ 2020 c 314 s 7.]

catchline: Short title.


title: RCW 15.15.005

text:
The legislature finds that the production of high quality certified seed potatoes within the state requires conditions that are as free as possible from insect pests and plant diseases and that ensuring these conditions exist is in the public interest. The legislature further finds that the production of other potatoes intermixed with or in close proximity to a concentrated seed potato production area poses an increased risk of introduction of plant diseases and insect pests.
[ 1997 c 176 s 1.]

catchline: Legislative findings.


title: RCW 15.15.010

text:
Growers of seed potatoes, certified in accordance with rules adopted under chapter 15.14 RCW, may submit a petition to the director of the department of agriculture requesting that the director establish a restricted seed potato production area. The petition shall include the proposed geographic boundaries of the restricted seed potato production area, and the types of restrictions that are proposed to apply to the growing of nonseed potatoes. The petition shall contain the signatures of at least fifty percent of the growers of certified seed potatoes who have produced at least fifty percent of the certified seed potatoes within the proposed restricted seed potato production area in each of the two preceding years.
Upon receipt of a petition submitted in accordance with this section, the director of the department of agriculture shall, within sixty days of receipt of the petition, investigate the need of establishing a restricted seed potato production area. The director may propose rules and hold public hearings in the area affected by the proposed rules. The director has the authority to adopt rules in accordance with chapter 34.05 RCW to establish restricted seed potato production areas to prevent the increased exposure to plant diseases and insect pests that adversely affect the ability to meet standards for certification of seed potatoes established under chapter 15.14 RCW.
[ 1997 c 176 s 2.]

catchline: Restricted seed potato production area—Growers' petition—Department of agriculture—Director—Rules.


title: RCW 15.15.020

text:
The director of the department of agriculture may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any rule made pursuant to this chapter in a court of competent jurisdiction of the county in which such violation occurs or is about to occur.
[ 1997 c 176 s 3.]

catchline: Violation or threatened violation of chapter—Action to enjoin.


title: RCW 15.150.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Cannabis lab" means a laboratory that tests cannabis for compliance with product standards established by rule by the state liquor and cannabis board.
(2) "Team" means the interagency coordination team for cannabis laboratory quality standards created in this chapter.
[ 2022 c 135 s 2.]
Notes:
Purpose—2022 c 135: "The purpose of this act is to create an interagency coordination team responsible for the program that establishes and maintains quality standards for laboratories conducting analysis of recreational and medicinal cannabis with THC levels greater than 0.3 percent. The interagency team includes the department of agriculture, the liquor and cannabis board, and the department of health. The standards must be adopted by rule by the department of agriculture, and changes to standards may require reference in liquor and cannabis board and department of health rules. This authority to establish these rules transfers from the liquor and cannabis board to the department of agriculture. This act implements the recommendations of the cannabis science task force established in *RCW 43.21A.735.
According to the task force's recommendations: "Laboratory quality standards are the elements used in the evaluation of a product's compliance with established product standards. They consist of approved methods, method validation protocols, and performance measures and criteria applied to the testing of the product. Establishing appropriate and well-defined laboratory quality standards is essential to communicate to the testing laboratories what standardized practices and procedures are appropriate.
Laboratory quality standards help ensure the data that laboratories generate are credible and can be used to provide consumer protections. They should represent sound scientific protocols, and detail practical and specific guidance for the testing subject matter. Together, well-established product standards, laboratory quality standards, and accreditation standards should function to garner confidence for consumers and the industry they support."" [ 2022 c 135 s 1.]
*Reviser's note: RCW 43.21A.735 expired December 31, 2022.

catchline: Definitions.


title: RCW 15.150.020

text:
(1) The interagency coordination team for cannabis laboratory quality standards is created. The team consists of the department, the liquor and cannabis board, and the department of health. The department is designated lead agency for the team and must provide the team with all necessary administrative support.
(2) The agencies that make up the team must each dedicate administrative, policy, scientific, or other staff necessary to successfully accomplish the duties assigned to the team.
(3) The team must:
(a) Coordinate among all participating agencies on agency policies, actions, and regulatory activities that relate to cannabis testing laboratory quality standards; and
(b) Advise the department on implementation and maintenance of cannabis testing laboratory quality standards topics including, but not limited to, analytical methods, validation protocols, quality assurance and quality control practices, project planning and sampling guides, and other topics as necessary to fulfill the purposes of the team and chapter 135, Laws of 2022. In making its recommendations, the team must take into account the cannabis science task force recommendations.
[ 2022 c 135 s 3.]
Notes:
Purpose—2022 c 135: See note following RCW 15.150.010.

catchline: Interagency coordination team for cannabis laboratory quality standards.


title: RCW 15.150.030

text:
(1) The department must establish and maintain cannabis testing laboratory quality standards by rule in accordance with chapter 34.05 RCW.
(2) Cannabis testing laboratory quality standards must include, but are not limited to, approved methods for testing cannabis for compliance with product standards established by rule by the state liquor and cannabis board or the department of health, method validation protocol, and performance measures and criteria applied to testing of cannabis products.
(3) The department must take into account the recommendations of the team created in RCW 15.150.020.
(4) Standards created under this chapter must be provided to the state department of ecology for use in the lab accreditation process described in RCW 69.50.348.
[ 2022 c 135 s 4.]
Notes:
Purpose—2022 c 135: See note following RCW 15.150.010.

catchline: Cannabis testing laboratory quality standards—Rule making.


title: RCW 15.155.005

text:
(1) The legislature finds that Washington is one of only five states in the nation without a state program to help food and agricultural producers promote their products based on where the product is grown, raised, or caught. The legislature further finds that a location-based promotion program will help consumers support Washington producers and the state's agricultural economy by building upon Washington's strong reputation for characteristics like food quality and food safety, which are key factors in consumer purchasing decisions.
(2) The legislature recognizes that recent food policy forum reports to the legislature recommend creation of a program to promote Washington food and agricultural products, and that such a location-based brand recognition program would help identify Washington products for procurement by schools and other public institutions and would provide strong marketing tools to help differentiate Washington products, making them more visible to consumers and more competitive in the local, state, regional, national, and international marketplace. The legislature further recognizes that a new program is needed because a previous promotion program, which was formally dissolved in 2008 and was based primarily on one-time federal funding, did not provide a sustainable structure or a statutory framework that was suitable for most Washington food and agricultural producers.
(3) The legislature therefore intends that the Washington department of agriculture gather advisory committee input and submit recommendations to the legislature prior to developing a location-based promotion program that is voluntary, sustainable, and suitable for Washington food and agricultural producers. The legislature further intends that this program provide support for food producers across the state in a manner that is equitable and inclusive of all scales of Washington agriculture including, but not limited to, serving historically underrepresented producers, producers from less resourced geographies, and producers with less access to support systems and funding.
[ 2023 c 276 s 1.]

catchline: Findings—Intent.


title: RCW 15.155.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agricultural product" has the same meaning as the term "agricultural commodities" in RCW 15.66.010, and is broadly construed to include, but is not limited to, all agricultural products or commodities grown or raised on Washington lands or caught in Washington waters, or foods, including processed or manufactured foods, containing such agricultural products.
(2) "Department" means the Washington department of agriculture.
(3) "Director" means the director of the department or the director's designee.
(4) "Food" has the same meaning as the term "food" in RCW 15.130.110.
(5) "Program" means the location-based promotion program created in this chapter to promote local food and agricultural products and make them more visible to consumers.
[ 2023 c 276 s 2.]


title: RCW 15.155.020

text:
(1) The director must establish an advisory committee with representatives from interested agricultural and food production organizations for the purpose of identifying the appropriate scope and nature of a voluntary location-based program to brand and promote local food and agricultural products. During the fiscal year ending June 30, 2024, the director must submit a report containing recommendations for program development and implementation to the appropriate committees of the legislature.
(2) The report submitted under subsection (1) of this section must include, but is not limited to, department and advisory committee recommendations on how best to proceed or not proceed with developing and implementing the following program elements:
(a) Eligibility criteria for: (i) The use of location-based branding sanctioned by the program to identify where an agricultural product was grown, raised, or caught; (ii) the use of location-based branding sanctioned by the program for processed or manufactured food products containing such agricultural products; and (iii) participating in program-sanctioned promotional activities for the agricultural products or foods containing the agricultural products. The criteria must include, but are not limited to, identifying thresholds for the necessary amount of time a product has been located within a specific geographical area in Washington, within lands or waters of Washington, or within lands or waters of other Pacific Northwest states or provinces neighboring Washington, and thresholds for the necessary amount of such food products in a processed or manufactured food product, to be eligible;
(b) Application, approval, certification, verification, renewal, audit, enforcement, or cancellation procedures for using product identification, branding, logos, or labels sanctioned by the program, or for participating in program-sanctioned promotional activities;
(c) Licensing fees, fee waivers, cost recovery mechanisms, or fee structures for membership, for using product identification, branding, logos, or labels sanctioned by the program, or for participating in program-sanctioned promotional activities;
(d) Creation, purchase, acquisition, protection, and blending of brand, logo, and trademark ownership or licensing rights;
(e) Cooperative agreements to jointly carry out program or program-sanctioned activities and administration; and
(f) Any other action designed to help Washington food and agricultural producers promote their products and make them more visible and appealing to consumers and more competitive in the local, regional, national, and international marketplace of their choice including, but not limited to, retail stores, farmers markets, schools, restaurants, institutions, and other market channels.
(3) Following submission of the report required in subsection (1) of this section, the director may adopt rules as necessary to implement the program. These rules may include any recommended fees or structures for determining fees, fee waivers, cost recovery mechanisms, or other elements listed in subsection (2) of this section. Rules consistent with the recommendations submitted in the report qualify for expedited rule making under RCW 34.05.353. Prior to creating criteria related to particular agricultural products under the jurisdiction of an agricultural board or commission organized under state law, the director must consult with representatives of the appropriate board or commission. If the rules include a structure for determining fees, the director may subsequently amend the rules and increase or decrease fees consistent with the structure for determining fees.
(4) Nothing in this chapter precludes or prohibits the department or others, including but not limited to other agencies, boards, commissions, and associations, from separately promoting the origin of food and agricultural products grown, raised, or caught in Washington. Such promotional activities must be consistent with pertinent legal authorities including, but not limited to, RCW 15.130.210, which prohibits misbranding of food origins as part of Washington's food safety and security act, chapter 15.130 RCW, and RCW 15.04.410, which relies on Washington's consumer protection act, chapter 19.86 RCW, and prohibits false retail sale declarations related to agricultural products held out as Washington agricultural products that are not in fact Washington agricultural products.
(5) Funds received for the purposes of this chapter must be deposited in the agricultural local fund created in RCW 43.23.230 to carry out the purposes of this chapter.
(6) The department must actively seek nonstate funding sources to support program operation and may receive gifts, grants, or endowments from private or public sources, made in trust or otherwise, for the use and benefit of the program, consistent with the provisions of this chapter and any terms of the gift, grant, or endowment. Expenditures may be used only for those purposes identified in this chapter. Only the director of agriculture or the director's designee may authorize expenditures of the gifts, grants, or endowments.
[ 2023 c 276 s 3.]

catchline: Advisory committee—Report to the legislature—Rule-making authority—Management and use of funds.


title: RCW 15.155.900

text:
This chapter may be known and cited as the Washington food and agricultural product promotion act.
[ 2023 c 276 s 4.]


title: RCW 15.160.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Authenticate" means to sign or with present intent to adopt or accept a record, to attach to, or logically associate with the record, an electronic sound, symbol, or process.
(2) "Producer" means any person engaged in the business of growing or producing any agricultural product, whether as the owner of the products, or producing the products for others holding the title thereof.
(3) "Seed bailment contract" means any bailment contract for the increase in agricultural seeds where the bailor retains the title to seed, seed stock, plant life, and the seed crop resulting therefrom.
(4) "Turfgrass seed" means Kentucky bluegrass, perennial ryegrass, tall fescue, hard fescue, slender fescue, and creeping red fescue. Forage fescue and reclamation grass seed are excluded from this order.
(5) "Turf seed dealer" means a person that in the ordinary course of business contracts to buy turfgrass seed grown in this state by a producer or contracts with a producer for the growing of turfgrass seed in this state. "Turf seed dealer" does not include a common carrier used to transport an agricultural commodity.
(6) "Turf seed producer" means a person that grows turfgrass seed in this state on a commercial basis without entering into a contract with a turf seed dealer before harvesting of the seed.
(7) "Turf seed production contract" means a written agreement between a producer and a turf seed dealer for the growing of turfgrass seed in this state.
(8) "Turf seed purchase contract" means a written agreement for a turf seed dealer to purchase turfgrass seed that has been grown by a turf seed producer. "Turf seed purchase contract" does not include a seed production contract.
(9) "Variety not stated seed" means seed that is sold in unmarked plastic bags or other unmarked containers without any reference to a variety name for the seed.
[ 2025 c 117 s 1.]


title: RCW 15.160.020

text:
(1) If the turf seed production contract does not settle the price of the turfgrass seed, the contract is enforceable and the price shall be determined as described in RCW 62A.2-305 (1) through (3).
(2) Except as provided in RCW 15.160.030, payment to the producer is due by the earliest of the following:
(a) The dates specified in the contract;
(b) 30 days after seed delivery; or
(c) May 1st of the calendar year following the harvesting of the seed.
(3) Unless expressly provided otherwise in a turf seed production contract that is authenticated by the producer and turf seed dealer before the producer planting the turfgrass seed, the risk of loss and the responsibility for the payment of storage fees transfer from the producer to the turf seed dealer upon the earlier of:
(a) The delivery of the seed to the turf seed dealer pursuant to a notice from the turf seed dealer; or
(b) The delivery to the turf seed dealer of test results establishing that the seed meets quality standards set forth in the contract.
(4) It is an implied condition of any price or payment requirement described in subsections (1) through (3) of this section that the producer is performing, or has completed performance, in accordance with the seed production contract and has not otherwise breached the contract.
(5) Except as provided in subsection (7) of this section, a turf seed production contract described in this section may contain any additional terms agreed to by the parties.
(6) If a turf seed production contract is extended or renewed, for the extension or renewal period the parties may:
(a) Subject to (b) of this subsection, continue the terms of the original contract or agree to new or different contract terms; and
(b) Agree to payment due date terms as provided under this section or RCW 15.160.030(3).
(7) A turf seed production contract may not:
(a) Provide for exclusive venue or jurisdiction in another state;
(b) Provide for the terms of the contract to be interpreted under the laws of another state;
(c) Waive the application of RCW 15.160.010 through 15.160.090 to the contract; or
(d) Authorize a unilateral material modification of the contract.
(8) Subject to RCW 62A.2-201, subsections (1) and (7) of this section also apply to a nonwritten agreement for the production of turfgrass seed.
(9) A term in a turf seed production contract that conflicts with subsection (1) or (7) of this section is void.
[ 2025 c 117 s 2.]

catchline: Turf seed production contracts.


title: RCW 15.160.030

text:
(1) A turf seed production contract that is authenticated by the producer and turf seed dealer before the producer planting the turfgrass seed may contain payment due date terms that differ from the payment due date terms described in RCW 15.160.020(2) if the contract states the date by which final payment for the turfgrass seed is due.
(2) If a turf seed production contract that is authenticated by the producer and turf seed dealer before the producer planting the turfgrass seed does not contain the information required under subsection (1) of this section, notwithstanding any contrary payment due date terms stated in the contract, the payment due date terms of the contract are subject to RCW 15.160.020(2).
(3) An extension or renewal of any turf seed production contract, regardless of when the contract was authenticated, may contain payment due date terms that differ from the payment due date terms described in RCW 15.160.020(2) if the extension or renewal contains the information required under subsection (1) of this section. If an extension or renewal of a turf seed production contract does not contain the information required under subsection (1) of this section, notwithstanding any contrary payment due date terms stated in the extension or renewal, the payment due date terms for the extension or renewal are subject to RCW 15.160.020(2).
(4) It is an implied condition of any payment requirement created as provided under this section that the producer is performing, or has completed performance, in accordance with the turf seed production contract and has not otherwise breached the contract.
[ 2025 c 117 s 3.]

catchline: Turf seed production contracts—Authentication—Extension, renewal.


title: RCW 15.160.040

text:
(1) A seed bailment contract or seed purchase contract does not create a possessory security interest in goods under the uniform commercial code, chapter 62A.9A RCW. For a seed bailment contract, filing, recording, or notice of the contract is not a requirement for establishing, during the term of the contract, the validity of the contract or for establishing and confirming in the turf seed dealer the title to all seed, seed stock, and plant life grown or used by the bailee under the terms of the contract.
(2) Payments due from a turf seed dealer to a bailee under the terms of a seed bailment contract, or due to a turf seed producer under the terms of a turf seed purchase contract, are subject to lien under chapter 60.11 RCW and to security interests perfected as provided under Title 62A RCW.
[ 2025 c 117 s 4.]

catchline: Seed bailment contracts, seed purchase contracts.


title: RCW 15.160.050

text:
(1) The terms of a turf seed purchase contract must include:
(a) The estimated date for seed delivery;
(b) The terms and estimated date for the turf seed dealer to pay the seed producer;
(c) The amount of turfgrass seed to be purchased; and
(d) The species, cultivars, and quality standards of the turfgrass seed to be purchased.
(2) If the turf seed purchase contract does not settle the price of the turfgrass seed, the contract is enforceable and price shall be determined as described in RCW 62A.2-305 (1) through (3). A turf seed purchase contract must require the turf seed dealer to make payment to the turf seed producer within 30 days after seed delivery. However, upon written mutual agreement of the turf seed producer and the turf seed dealer, the producer may extend the period available for the dealer to make payment.
[ 2025 c 117 s 5.]

catchline: Turf seed purchase contract terms.


title: RCW 15.160.060

text:
(1) A turf seed dealer that requests modification to the payment terms of a seed production contract for turfgrass seed shall pay an amount equal to at least 25 percent of the value of the contract prior to modification of the contract.
(2) A party to a turf seed production contract or turf seed purchase contract may not, as a condition of performance, require the other party to agree to a material modification of the contract. A contract modification obtained in violation of this subsection is unenforceable.
(3) In any action to recover damages for breach of a turf seed production contract or turf seed purchase contract, if the court finds that a party to the contract failed to act in good faith as defined in RCW 62A.1-201, the court may award the prevailing party court costs and reasonable attorneys' fees.
[ 2025 c 117 s 6.]

catchline: Turf seed dealers—Modification to payment terms—Contract modification—Action to recover damages.


title: RCW 15.160.070

text:
(1) If testing as provided under a turf seed production contract establishes that turfgrass seed does not meet the quality standards set forth in the contract, the producer may at any time send the test results to the turf seed dealer and inquire whether the turf seed dealer intends to purchase the seed. If, within 30 days after the turf seed dealer receives the test results and inquiry from the producer, the turf seed dealer delivers a response informing the producer that the turf seed dealer intends to purchase the seed, the response is an accord that forms a turf seed purchase contract for the seed purchased under this subsection. Except as provided in this subsection regarding price, the parties may establish the terms of the turf seed purchase contract as provided under RCW 15.160.040. The price of the seed that is subject to the turf seed purchase contract shall be:
(a) Any price stated in the turf seed production contract for seed not meeting quality standards;
(b) If not determined by the turf seed production contract, any price agreed to by the parties; or
(c) If not determined by the turf seed production contract or by agreement, the market price for seed of the same kind and quality as the produced seed. However, a seed price established by the use of market price may not exceed any price established in the turf seed production contract for seed that meets quality standards.
(2) An accord that creates a turf seed purchase contract under subsection (1) of this section does not affect the terms of a turf seed production contract for any seed that was not described in the test results and inquiry sent by the producer.
(3) A producer may send test results and make an inquiry under subsection (1) of this section in any manner that documents turf seed dealer receipt of the test results and inquiry. A turf seed dealer may send a response under subsection (1) of this section to a producer in any manner that documents producer receipt of the response.
(4) If, within 30 days after the turf seed dealer receives the test results and inquiry from the producer, the turf seed dealer has not delivered a response informing the producer that the turf seed dealer intends to purchase the seed, the turf seed dealer is deemed to have refused purchase of the seed and to have authorized the producer to sell the seed in a commercially legal manner as variety not stated seed. This subsection does not authorize the sale of any seed, seed stock, or plant life of a protected variety grown or used by the producer other than a sale of seed as variety not stated seed. The remedy provided under this subsection is in addition to any other remedy available to a producer by law. An authorization for sale arising under this subsection is in addition to any other conditional or unconditional authorization for sale that a turf seed dealer may grant to a producer.
[ 2025 c 117 s 7.]

catchline: Testing of turfgrass seeds.


title: RCW 15.160.080

text:
(1) If a seed dealer fails to pay a producer for turfgrass seed when payment is due under a turf seed production contract or fails to pay a seed grower for turfgrass seed when payment is due under a seed purchase contract, the producer or turfgrass seed grower may notify the department. Upon notification by a producer or turfgrass seed grower, the department shall determine whether payment has been made when due. If the department determines that the turf seed dealer has not made a payment that is due under a turf seed production contract or turf seed purchase contract, the department shall notify the seed dealer in writing that the dealer has 30 days to pay the producer or turfgrass seed grower all delinquent amounts plus interest on each delinquent amount at the rate of one percent per month simple interest from the final payment date for that delinquent amount.
(2) A turf seed production contract or turf seed purchase contract may not vary the terms of the remedy provided by this section. This section does not prevent a producer or turfgrass seed grower from filing a notice of lien against a turf seed dealer.
(3) If a turf seed dealer fails to make payment as required by a notice given by the department under this section, the department, in accordance with chapter 20.01 RCW, shall suspend any turf seed dealer license issued to the dealer until the dealer demonstrates to the satisfaction of the department that the dealer is current on all payments due to all producers and turfgrass seed growers.
(4) A seed dealer that fails to make payment on a seed production contract or seed purchase contract as required by a notice given by the department under this section is considered to have authorized the producer or turfgrass seed grower to sell in a commercially reasonable manner any seed from the contract that is still in the possession of the producer. This subsection does not prevent a turf seed dealer from giving consent to the producer or turfgrass seed grower by other means and does not supersede the terms of a consent given by other means.
(5) To enforce this chapter, the department may charge a turf seed producer in accordance with RCW 20.01.480.
[ 2025 c 117 s 8.]

catchline: Failure of payment to producer.


title: RCW 15.160.090

text:
(1) The department may adopt rules to require, as a condition of issuing a seed dealer license under chapter 20.01 RCW, that each seed dealer provide the department financial assurance for the performance by the seed dealer under any turf seed production contract or turf seed purchase contract entered into by the seed dealer.
(2) The department may refuse to issue a seed dealer license to an applicant if the applicant, any owner or officer of the applicant, or any individual exercising substantial control over the turf seed industry activities of the applicant:
(a) Is a seed dealer for which the license has been suspended under RCW 15.160.080;
(b) Is or was an owner or officer of a seed dealer at the time of an event that resulted in the license of the seed dealer being suspended under RCW 15.160.080; or
(c) Was an individual who exercised substantial control over the seed industry activities of a turf seed dealer at the time of an event that resulted in the license of the seed dealer being suspended under RCW 15.160.080.
(3) An agent that enters into a turf seed production contract on behalf of a turf seed dealer is conclusively presumed to have actual authority to establish the performance obligations of the seed dealer under the contract.
(4) For the purposes of this section:
(a) "Officer" means any of the following individuals:
(i) A president, vice president, secretary, treasurer, or director of a corporation;
(ii) A general partner in a limited partnership;
(iii) A manager in a manager-managed limited liability company;
(iv) A member of a member-managed limited liability company;
(v) A trustee; or
(vi) An individual who is an officer as defined by the department by rule. A definition of "officer" adopted by department rule may include individuals not listed in this subsection (4)(a) who may exercise substantial control over a business.
(b) "Owner" means:
(i) A sole proprietor of, partner in, or holder of a controlling interest in an applicant; or
(ii) Any person who is an owner as defined by the department by rule.
[ 2025 c 117 s 9.]

catchline: Seed dealer licenses—Department may adopt rules.


title: RCW 15.160.100

text:
(1) The department may adopt rules for the administration and enforcement of RCW 15.160.010 through 15.160.090.
(2) The director may make mediation services available through the department for the resolution of turf seed production contract disputes and seed purchase contract disputes.
[ 2025 c 117 s 10.]

catchline: Administration and enforcement—Mediation services.


title: RCW 15.160.110

text:
RCW 15.160.010 through 15.160.100 apply to seed contracts entered into, extended, or renewed on or after July 27, 2025.
[ 2025 c 117 s 11.]

catchline: Applicability.


title: RCW 15.17.010

text:
The purpose of this chapter is to provide for the fair and orderly marketing of fruits and vegetables in the state of Washington by establishing uniform grades and standards and by providing for the inspection of these products. This chapter is vital to protecting the national and international reputation of fruit and vegetable products grown and shipped from this state and protecting consumers from the sale of inferior and misrepresented fruits and vegetables. This chapter is enacted in the exercise of the police power of this state for the purpose of protecting the immediate and future health, safety, and general welfare of the citizens of this state.
[ 1998 c 154 s 1; 1963 c 122 s 1.]

catchline: Purpose.


title: RCW 15.17.020

text:
For the purpose of this chapter:
(1) "Agent" means broker, commission merchant, solicitor, seller, or consignor, and any other person acting upon the actual or implied authority of another.
(2) "Certification" means, but is not limited to, the issuance by the director of an inspection certificate or other official document stating the grade, classification, and/or condition of any fruits or vegetables, and/or if the fruits or vegetables are free of plant pests and/or other defects.
(3) "Combination grade" means two or more grades packed together as one, except cull grades, with a minimum percent of the product of the higher grade, as established by rule.
(4) "Compliance agreement" means an agreement entered into between the department and a shipper or packer, that authorizes the shipper or packer to issue certificates of compliance for fruits and vegetables.
(5) "Container" means any container or subcontainer used to prepackage any fruits or vegetables. This does not include a container used by a retailer to package fruits or vegetables sold from a bulk display to a consumer.
(6) "Deceptive arrangement or display" means any bulk lot or load, arrangement, or display of fruits or vegetables which has in the exposed surface, fruits or vegetables which are so superior in quality, size, condition, or any other respect to those which are concealed, or the unexposed portion, as to materially misrepresent any part of the bulk lot or load, arrangement, or display.
(7) "Deceptive pack" means the pack of any container which has in the outer layer or any exposed surface fruits or vegetables which are in quality, size, condition, or any other respect so superior to those in the interior of the container in the unexposed portion as to materially misrepresent the contents. Such pack is deceptive when the outer or exposed surface is composed of fruits or vegetables whose size is not an accurate representation of the variation of the size of the fruits or vegetables in the entire container, even though the fruits or vegetables in the container are virtually uniform in size or comply with the specific standards adopted under this chapter.
(8) "Department" means the department of agriculture of the state of Washington.
(9) "Director" means the director of the department or his or her duly authorized representative.
(10) "Facility" means, but is not limited to, the premises where fruits and vegetables are grown, stored, handled, or delivered for sale or transportation, and all vehicles and equipment, whether aerial or surface, used to transport fruits and vegetables.
(11) "Fruits and vegetables" means any unprocessed fruits or vegetables, but does not include cannabis as defined in RCW 69.50.101.
(12) "Handler" means any person engaged in the business of handling, selling, processing, storing, shipping, or distributing fruits or vegetables that he or she has purchased or acquired from a producer.
(13) "Inspection" means, but is not limited to, the inspection by the director of any fruits or vegetables at any time prior to, during, or subsequent to harvest.
(14) "Mislabel" means the placing or presence of any false or misleading statement, design, or device upon any wrapper, container, container label or lining, or any placard used in connection with and having reference to fruits or vegetables.
(15) "Person" means any individual, firm, partnership, corporation, company, society, or association, and every officer, agent, or employee thereof.
(16) "Plant pests" means, but is not limited to, any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substance, which can directly or indirectly injure or cause disease or damage in any plant or parts thereof, or any processed, manufactured, or other products of plants.
(17) "Sell" means to sell, offer for sale, hold for sale, or ship or transport in bulk or in containers.
(18) "Standards" means grades, classifications, and other inspection criteria for fruits and vegetables.
[ 2022 c 16 s 12; 2016 c 229 s 2; 2014 c 140 s 33; 1998 c 154 s 2; 1996 c 188 s 1; 1963 c 122 s 2.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.


title: RCW 15.17.030

text:
(1) The director shall enforce and carry out the provisions of this chapter and may adopt the necessary rules to carry out its purpose.
(2) The director shall, whenever he or she considers the adoption of rules or amendments to existing rules, consult with growers, associations of growers or other industry associations, or other persons affected by such rules or amendments.
[ 1998 c 154 s 3; 1963 c 122 s 3.]

catchline: Enforcement—Director's duties—Rules.


title: RCW 15.17.050

text:
(1) The director shall adopt rules providing standards for apples, apricots, Italian prunes, peaches, sweet cherries, pears, potatoes, and asparagus and may adopt rules providing standards for any other fruit or vegetable. When establishing these standards, the director shall consider the factors of maturity, soundness, color, shape, size, and freedom from mechanical and plant pest injury and other factors important to marketing.
(2) The director shall adopt rules providing for mandatory inspection of apples, apricots, Italian prunes, peaches, sweet cherries, pears, and asparagus and may adopt rules providing for mandatory inspection of any other fruit or vegetable.
(3) The director may adopt rules:
(a) Fixing the sizes and dimensions of containers to be used for the packing or handling of any fruits or vegetables; and
(b) Establishing combination grades for fruits and vegetables. The standards for combination grades shall, by percentage quantities, include two or more of the grades provided for under this chapter.
[ 1998 c 154 s 4; (2004 c 211 s 1 expired December 31, 2009); 1963 c 122 s 5.]
Notes:
Expiration date—2004 c 211 s 1: "Section 1 of this act expires December 31, 2009." [ 2007 c 237 s 1; 2005 c 234 s 1; 2004 c 211 s 2.]
Effective date—2004 c 211: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 29, 2004]." [ 2004 c 211 s 3.]

catchline: Rules—Authority of director.


title: RCW 15.17.060

text:
The director may adopt any United States or other state's standard for any fruits and vegetables, if that standard is determined by the director to be substantially equivalent to or better than the standard adopted under this chapter.
[ 1998 c 154 s 5; 1963 c 122 s 6.]

catchline: Adoption of standards.


title: RCW 15.17.080

text:
It is unlawful for any person to sell for fresh consumption any fresh fruits classified as culls under the provisions of this chapter or rules adopted hereunder unless such fruit is packed in one-half bushel or one bushel wooden baskets ring faced, with the fruit in the ring face representative of the size and quality of the fruit in such baskets. The baskets shall be lidded and the words "cull" including the kind of fruit and variety must appear on the top and side of each basket and on any label in clear and legible letters at least two and one-half inches high. Every bill of lading, invoice, memorandum, and document referring to the fruit shall designate them as culls.
[ 1998 c 154 s 6; 1963 c 122 s 8.]

catchline: Fresh fruits—Culls—Basket markings—Designation on bills of lading, invoices, etc.


title: RCW 15.17.090

text:
The director may approve and register a private grade or brand for any fruit or vegetable. The private grade or brand shall not be lower than the second grade and/or classification established under the provisions of this chapter or rules adopted under this chapter for the fruit or vegetable.
[ 1998 c 154 s 7; 1963 c 122 s 9.]

catchline: Private grades or brands—Approval and registration.


title: RCW 15.17.140

text:
(1) Any person financially interested in any fruits or vegetables in this state may request inspection and/or certification services provided for those fruits or vegetables under this chapter.
(2) To facilitate the movement or sale of fruits and vegetables or other agricultural commodities, the director may provide, if requested by growers or other interested persons, special inspections or certifications not otherwise authorized under this chapter and shall prescribe a fee for that service.
(3) Persons requesting services shall be responsible for payment of fees for those services prescribed by the director under RCW 15.17.150.
[ 1998 c 154 s 9; 1963 c 122 s 14.]

catchline: Inspections and certifications—Request for—Fees.


title: RCW 15.17.143

text:
Any shipper or packer of apples, apricots, cherries, pears, peaches, Italian prunes, potatoes, or asparagus may petition the director for authority to issue certificates of compliance for each season. The director may issue certificate of compliance agreements, granting this authority, on terms and conditions defined by rule. Certificates of compliance shall only be issued for fruits or vegetables that are in full compliance with this chapter and the rules adopted under this chapter.
[ 1998 c 154 s 20.]

catchline: Certificates of compliance—Petition by shipper—Rules.


title: RCW 15.17.150

text:
The director shall adopt rules establishing the necessary fees to recover the costs of providing inspection and/or certification or other requested services.
(1) The fees are due and payable upon billing.
(2) A late fee of one and one-half percent per month on the unpaid balance shall be assessed against persons more than thirty days in arrears.
(3) In addition to other penalties, the director may refuse to perform any inspection or certification service provided under this chapter for any person in arrears unless the person makes payment in full prior to such inspection or certification service.
(4) The director may refuse to perform inspection or certification service for any person who has failed to pay assessments required by law to any agricultural commodity commission.
[ 1998 c 154 s 10; 1963 c 122 s 15.]

catchline: Inspections and certifications—Fees adopted by rule—Failure to pay.


title: RCW 15.17.170

text:
Every inspection certificate or other official document issued by the director under the provisions of this chapter shall be received in all the courts of the state as prima facie evidence of the statements therein.
[ 1998 c 154 s 11; 1963 c 122 s 17.]

catchline: Inspection certificate or other official document as evidence.


title: RCW 15.17.190

text:
The director may enter during business hours and inspect any facility where any fruits or vegetables are processed, stored, packed, delivered for shipment, loaded, shipped, being transported, or sold, and may inspect all fruits or vegetables and the containers and the equipment in that facility. The director may take for inspection representative samples of fruits or vegetables and containers as may be necessary to determine whether or not this chapter or rules adopted under this chapter have been violated. If the director is denied access to any facility, the director may apply to a court of competent jurisdiction for a search warrant authorizing access to the facility. The court may upon such application issue a search warrant for the purpose requested.
[ 1998 c 154 s 12; 1963 c 122 s 19.]

catchline: Inspections—Right of access—Samples—Denial of access—Search warrants.


title: RCW 15.17.200

text:
(1) For the purposes of this section, "lot" means any lot or any part of a lot.
(2) When the director determines that any lot of fruits or vegetables fails to comply with the requirements of this chapter, the director may issue a hold order prohibiting the sale or movement of that lot except under conditions that may be prescribed.
(3)(a) Written notice of the hold order must be provided to the person in possession of the lot of fruits or vegetables and a tag may be affixed to the lot or its containers. It is unlawful for any person except the director to alter, deface, or remove the tag or notice or to move or allow the lot of fruits or vegetables to be moved except under the conditions prescribed on the tag or notice.
(b) The notice shall include:
(i) A description of the lot that is in noncompliance;
(ii) The location of the lot;
(iii) The reason that the hold order is placed on the lot;
(iv) Any reconditioning, other corrective measures, or diversion to processing that may be required to release the lot for sale;
(v) Time frames to affect the reconditioning or other corrective measures; and
(vi) A reference to the violation of this chapter that provides the basis for the hold order.
(c) Any corrective measures required by the notice pursuant to (b)(iv) of this subsection and the costs associated therewith are the sole responsibility of the person holding the fruits or vegetables for sale.
(4) Upon issuance of a hold order by the director under this section, the seller or holder of the fruits or vegetables may request a hearing. The request for hearing must be in writing and filed with the director. Any hearing shall be held in conformance with RCW 34.05.422 and 34.05.479.
[ 1998 c 154 s 13; 1987 c 202 s 172; 1963 c 122 s 20.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Noncomplying fruits or vegetables—Enforcement procedure—Notice—Hearing.


title: RCW 15.17.210

text:
It is unlawful:
(1) To sell any fruits or vegetables:
(a) As meeting the standards for any fruit or vegetable as prescribed by the director unless they in fact do so;
(b) For which no standards have been established under this chapter unless ninety percent or more by weight or count, as determined by the director, are free from plant pest injury that has penetrated or damaged the edible portions and from worms, mold, slime, or decay;
(c) In containers other than the size and dimensions prescribed by the director by rule;
(d) Unless the containers in which the fruits or vegetables are placed or packed are marked with the proper grade and additional information as may be prescribed by rule. The additional information may include:
(i) The name and address of the grower, or packer, or distributor;
(ii) The varieties of the fruits or vegetables;
(iii) The size, weight, and either volume or count, or both, of the fruits or vegetables;
(e) Which are in containers marked or advertised for sale or sold as being either graded or classified, or both, according to the standards prescribed by the director by rule unless the fruits or vegetables conform with the standards;
(f) Which are deceptively packed;
(g) Which are deceptively arranged or displayed;
(h) Which are mislabeled; or
(i) Which do not conform to this chapter or rules adopted under this chapter;
(2) For any person to ship or transport or any carrier to accept any lot of fruits or vegetables without an inspection certificate, permit, or certificate of compliance when the director has prescribed by rule that such products be accompanied by an inspection certificate, permit, or certificate of compliance. The inspection certificate, permit, or certificate of compliance shall be on a form prescribed by the director and may include methods of denoting that all assessments provided for by law have been paid before the fruits or vegetables may lawfully be delivered or accepted for shipment;
(3) For any person to refuse to submit any container, load, or display of fruits or vegetables for inspection by the director, or refuse to stop any vehicle or equipment containing such products for the purpose of inspection by the director;
(4) For any person to move any fruits or vegetables or their containers to which any tag has been affixed, except as provided in RCW 15.17.200; or
(5) After October 1st of any calendar year, for any person to sell containers of apples, containing apples harvested in a prior calendar year, to any retailer or wholesaler for the purpose of resale to the public for fresh consumption.
[ 2002 c 316 s 1; 1998 c 154 s 14; 1994 c 67 s 2; 1963 c 122 s 21.]

catchline: Fruits or vegetables—Unlawful practices when selling, offering for sale, or shipping—Containers—Director's powers—Rules.


title: RCW 15.17.213

text:
(1) This chapter does not apply:
(a) To the movement in bulk of any fruits or vegetables from the premises where they are grown or produced to a packing shed, warehouse, or processing plant for the purpose of storing, grading, packing, labeling, or processing prior to entering commercial channels for wholesale or retail sale;
(b) To any processed, canned, frozen, or dehydrated fruits or vegetables;
(c) To any infected or infested fruits or vegetables to be manufactured into by-products or to be shipped to a by-products plant; or
(d) To the sale of up to five hundred pounds per day of any fruit or vegetable by any producer or handler directly to an individual ultimate consumer unless otherwise established by rule for an individual commodity. These fruits and vegetables shall meet the requirements of RCW 15.17.210(1)(b).
(2) The inspection requirements of this chapter do not apply to the sale or transportation within a zone of production, as defined by rule, of any fruit or vegetable named in RCW 15.17.050(1) or any combination of those fruits and vegetables to a fruit or produce stand or farmers market in a quantity specified by the director by rule.
[ 1998 c 154 s 8; 1963 c 122 s 13. Formerly RCW 15.17.130.]

catchline: Exemption of certain fruits or vegetables from chapter.


title: RCW 15.17.240

text:
(1) The fruit and vegetable inspection account is created in the custody of the state treasurer. All fees collected under this chapter must be deposited into the account. The director may authorize expenditures from the account solely for the implementation and enforcement of this chapter and any other expenditures authorized by statute or session law and applying specifically to the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(2) By August 1, 2004, and by August 1st of each even-numbered year thereafter, the director shall review the balance in the fruit and vegetable inspection account at the end of the previous fiscal year. If the balance in the account exceeds the sum of the following: An amount equal to the total expenditures of the program served by that account for the last six months of that previous fiscal year; any budgeted capital expenditures from the account for the current fiscal year; and six hundred thousand dollars, the director shall temporarily and equally, on a percentage basis, reduce each of the fees accruing to the account until such time that the account has a balance equal to the amount of the total expenditures from the account for the last seven months of the previous fiscal year, at which time the fees shall be returned to the amounts before the temporary reduction. In making the reductions, the director shall attempt to reduce fees for a twelve-month period so as to apply the reductions to as many of the persons who annually pay fees for services provided by the program. The temporary fee reductions shall be initially provided through the adoption of emergency rules. The emergency and subsequent rules temporarily reducing the fees are exempt from the requirements of RCW 34.05.310 and chapter 19.85 RCW. These fees shall be reinstated through the expiration of the rules temporarily reducing them and the authority to reinstate them is hereby granted.
[ 2016 c 229 s 1; 2002 c 322 s 2; 1998 c 154 s 16; 1975 c 40 s 3; 1963 c 122 s 24.]
Notes:
Effective date—2002 c 322: "This act takes effect July 1, 2002. However, the director of the department of agriculture and the state treasurer may take actions before July 1, 2002, to permit the creation of the fruit and vegetable inspection account and the district accounts described in RCW 15.17.240 by July 1, 2002." [ 2002 c 322 s 8.]

catchline: Fruit and vegetable inspection account—Fees—Rules.


title: RCW 15.17.260

text:
The director may bring an action to enjoin the violation of any provision of this chapter or rule adopted pursuant to this chapter in the superior court of Thurston county or of any county in which such violation occurs, notwithstanding the existence of other remedies at law.
[ 1998 c 154 s 17; 1963 c 122 s 26.]

catchline: Injunctions.


title: RCW 15.17.270

text:
The director may cooperate with and enter into agreements with governmental agencies of this state, other states, and agencies of federal government in order to carry out the purpose and provisions of this chapter.
[ 1963 c 122 s 31.]

catchline: Cooperation with governmental agencies.


title: RCW 15.17.290

text:
Any person who violates this chapter or rules adopted under this chapter may be subject to:
(1) Suspension of any compliance agreement under this chapter to which the person is a party for a period not to exceed twelve consecutive months; and/or
(2) A civil penalty in an amount of not more than one thousand dollars for each violation.
[ 1998 c 154 s 18; 1963 c 122 s 30.]

catchline: Violation of chapter or rules—Suspension—Civil penalty.


title: RCW 15.17.900

text:
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1963 c 122 s 27.]

catchline: Provisions cumulative and nonexclusive.


title: RCW 15.19.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of agriculture of the state of Washington.
(2) "Director" means the director of the department or his or her duly authorized representative.
(3) "Facility" means, but is not limited to, the premises where ginseng is grown, stored, dried, handled, or delivered for sale or transportation, or where records required by rule under this chapter are stored or kept, and all vehicles and equipment, whether aerial or surface, used to transport ginseng.
(4) "Grower" means a person who grows cultivated, wild simulated, and/or woodsgrown American ginseng and sells it to a dealer.
(5) "Person" means any individual, firm, partnership, corporation, company, society, or association, and every officer, agent, or employee thereof.
[ 1998 c 154 s 21.]

catchline: Definitions.


title: RCW 15.19.020

text:
The director shall enforce and carry out the provisions of this chapter and may adopt the necessary rules to carry out its purpose.
[ 1998 c 154 s 22.]

catchline: Enforcement of chapter.


title: RCW 15.19.030

text:
In addition to the powers conferred on the director under this chapter, the director has the power to adopt rules:
(1) Establishing certification requirements for American ginseng (Panax quinquefolius L.).
Certification factors include:
(a) Place of origin;
(b) Whether the ginseng is wild or cultivated;
(c) Weight; and
(d) Date of harvest;
and may include whether the ginseng meets requirements for freedom from infestation by plant pests as required by the importing country;
(2) Requiring the registration of ginseng growers and of dealers who purchase and/or sell American ginseng for the purpose of foreign export; and
(3) Requiring that records be maintained by ginseng growers and by dealers who purchase or sell American ginseng for the purpose of foreign export.
The director may adopt any other rules necessary to comply with the requirements of the convention on international trade in endangered species of wild fauna and flora (27 U.S.T. 108); the endangered species act of 1973, as amended (16 U.S.C. Sec. 1531 et seq.); and 50 C.F.R. Part 23 (1995), as they existed on June 6, 1996, or a subsequent date as may be provided by rule, consistent with the purposes of this section.
[ 1998 c 154 s 23.]

catchline: Adoption of rules.


title: RCW 15.19.040

text:
(1) The director shall adopt rules establishing fees to recover the costs of providing ginseng certification activities authorized under this chapter. All moneys collected under this chapter shall be paid to the director, deposited in an account within the agricultural local fund, and used solely for carrying out the purposes of this chapter and rules adopted under this chapter.
(2) In addition to other penalties, the director may refuse to perform any inspection or certification service authorized under this chapter for any person in arrears unless the person makes payment in full prior to performing the service.
[ 1998 c 154 s 24.]

catchline: Fees established by rule—Deposit—Use—Failure to pay.


title: RCW 15.19.050

text:
The director may enter at reasonable times as determined by the director and inspect any facility and any records required under this chapter. The director may take for inspection those representative samples of ginseng necessary to determine whether or not this chapter or rules adopted under this chapter have been violated. If the director is denied access to any facility or records, the director may apply to a court of competent jurisdiction for a search warrant authorizing access to the facility or records. The court may upon such application issue a search warrant for the purpose requested.
[ 1998 c 154 s 25.]

catchline: Inspection of facility—Entry—Samples—Search warrant.


title: RCW 15.19.060

text:
The director may bring an action to enjoin any violation of this chapter or rule adopted under this chapter in the superior court of Thurston county or of any county in which a violation occurs, notwithstanding the existence of other remedies at law.
[ 1998 c 154 s 26.]


title: RCW 15.19.070

text:
The director may cooperate with and enter into agreements with governmental agencies of this state, other states, and agencies of the federal government in order to carry out the purpose and provisions of this chapter.
[ 1998 c 154 s 27.]

catchline: Cooperative agency agreements.


title: RCW 15.19.080

text:
The department shall not disclose information obtained under this chapter regarding the purchases, sales, or production of an individual American ginseng grower or dealer, except for providing reports to the United States fish and wildlife service. This information is exempt from public disclosure required by chapter 42.56 RCW.
[ 2005 c 274 s 211; 1998 c 154 s 28.]

catchline: Public disclosure of information—Exemption.


title: RCW 15.19.090

text:
It is unlawful for a person to sell, offer for sale, hold for sale, or ship or transport American ginseng for foreign export in violation of this chapter or rules adopted under this chapter.
[ 1998 c 154 s 29.]

catchline: Violations of chapter or rules—Unlawful.


title: RCW 15.19.100

text:
Any person who violates the provisions of this chapter or rules adopted under this chapter may be subject to:
(1) A civil penalty in an amount of not more than one thousand dollars for each violation; and/or
(2) Denial, revocation, or suspension of any registration or application for registration issued under this chapter. Upon notice by the director to deny, revoke, or suspend a registration or application for registration, a person may request a hearing under chapter 34.05 RCW.
[ 1998 c 154 s 30.]

catchline: Violations of chapter or rules—Penalties.


title: RCW 15.19.110

text:
The provisions of this chapter are cumulative and nonexclusive and do not affect any other remedy.
[ 1998 c 154 s 31.]

catchline: Remedies.


title: RCW 15.21.010

text:
Limitations or restrictions placed on the buyer by the seller offering fresh fruit for sale as to the amount that such prospective buyer may purchase of the total amount of such fresh fruit owned, possessed or controlled by the seller, may lead to or cause confusion, deceptive trade practices, and interfere with the orderly marketing of fresh fruit necessary for the public health and welfare, and is hereby declared to be a business affected with the public interest. The provisions of this chapter are enacted in the exercise of the police powers of the state for the purpose of protecting the general health and welfare of the people of this state.
[ 1965 c 61 s 1.]

catchline: Declaration of purpose.


title: RCW 15.21.020

text:
It shall be unlawful to cause a limitation to be placed on the amount of fresh fruit that a purchaser may buy at retail or wholesale when such fresh fruit is offered for sale, through any media, below cost to the seller. The foregoing shall apply to all such fresh fruit offered for sale below cost and owned, possessed or controlled by such seller.
[ 1965 c 61 s 2.]

catchline: Unlawful practices.