title: RCW 15.28.160

text:
An annual assessment is hereby levied upon all commercial soft tree fruits grown in the state or packed as Washington soft tree fruit of fifty cents per two thousand pounds (net weight) of said fruits, when shipped fresh or delivered to processors, whether in bulk, loose in containers, or packaged in any style of package, except, that all sales of five hundred pounds or less of such fruits sold by the producer direct to the consumer shall be exempt from said assessments. Sweet cherries which are brined are deemed to be commercial soft tree fruit and therefore assessable hereunder.
[ 1989 c 354 s 28; 1963 c 51 s 3; 1961 c 11 s 15.28.160. Prior: 1947 c 73 s 18; Rem. Supp. 1947 s 2909-27.]
Notes:
Severability—1989 c 354: See note following RCW 15.36.012.

catchline: Annual assessment—Exemption—Brined sweet cherries assessable.


doc_type: statute

jurisdiction: wa

title: RCW 15.28.170

text:
The commission shall investigate the needs of soft tree fruit producers, the condition of the markets, and extent to which the same require advertising and research. If the investigation shows that the revenue from the assessments levied is inadequate to accomplish the objects of this chapter, it shall report its findings to the director, showing the necessities of the industry, the probable cost of the required program, and the probable revenue from the existing levy. It may then increase the assessments to be levied to an amount not exceeding two dollars per each two thousand pounds (net weight) of such fruits so contained or packed.
[ 1961 c 11 s 15.28.170. Prior: 1947 c 73 s 25; Rem. Supp. 1947 s 2909-34.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Research and advertising—Power to increase assessment.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 15.28.180

text:
(1) The same assessment shall be made for each soft tree fruit, except that if a two-thirds majority of the state commodity committee of any fruit recommends in writing the levy of an additional assessment on that fruit, or any classification thereof, for any year or years, the commission may levy such assessment for that year or years up to the maximum of eighteen dollars for each two thousand pounds of any fruit except cherries or any classification thereof, as to which the assessment may be increased to a maximum of thirty dollars for each two thousand pounds, and except pears covered by this chapter, as to which the assessment may be increased to a maximum of eighteen dollars for each two thousand pounds: PROVIDED, That no increase in the assessment on pears becomes effective unless the increase is first referred by the commission to a referendum by the Bartlett pear growers of the state and is approved by a majority of the growers voting on the referendum. The method and procedure of conducting the referendum shall be determined by the commission. Any funds so raised shall be expended solely for the purposes provided in this chapter and solely for such fruit, or classification thereof.
The commission has the authority in its discretion to exempt in whole or in part from future assessments under this chapter, during such period as the commission may prescribe, any of the soft tree fruits or any particular strain or classification of them.
(2) An assessment levied under this chapter may be increased in excess of the fiscal growth factor as determined under chapter 43.135 RCW if the assessment is submitted by referendum to the growers who are subject to the assessment and the increase is approved by a majority of those voting on the referendum. The method and procedure of conducting the referendum shall be determined by the commission.
[ 1997 c 303 s 3; 1992 c 87 s 1; 1983 1st ex.s. c 73 s 1; 1977 ex.s. c 8 s 1; 1965 ex.s. c 43 s 1; 1963 c 51 s 4; 1961 c 11 s 15.28.180. Prior: 1947 c 73 s 26; Rem. Supp. 1947 s 2909-35.]
Notes:
Findings—1997 c 303: See note following RCW 43.135.055.
Effective date—1997 c 303 ss 1-3: See note following RCW 43.135.055.

catchline: Increase of assessment for specific fruit or classification—Procedure.


title: RCW 15.28.190

text:
All money collected under the authority of this chapter shall be paid to the treasurer of the commission, deposited by him or her in banks designated by the commission, and disbursed on its order.
The treasurer shall file with the commission a fidelity bond, executed by a surety company authorized to do business in this state, in favor of the state and the commission, jointly and severally, in the sum of fifty thousand dollars, and conditioned upon his or her faithful performance of his or her duties and his or her strict accounting of all funds of the commission.
None of the provisions of RCW 43.01.050 shall apply to money collected under this chapter.
[ 2010 c 8 s 6040; 1961 c 11 s 15.28.190. Prior: 1947 c 73 s 15, part; Rem. Supp. 1947 s 2909-24, part.]

catchline: Deposit of funds—Treasurer's bond.


title: RCW 15.28.200

text:
All moneys collected from such levy shall be expended exclusively to effectuate the purposes and objects of this chapter. They shall be generally expended on promotion and improvement of the various commodities approximately in the ratio that funds are derived from such commodities, after deducting suitable amounts for general overhead and basic general research, unless a majority of the functioning state commodity committees consent to a larger expenditure on behalf of any commodity or commodities. Any funds contributed to the commission by any special group or raised by an additional levy on any commodity or classification thereof, shall be expended only in connection with such commodity.
[ 1961 c 11 s 15.28.200. Prior: 1947 c 73 s 19; Rem. Supp. 1947 s 2909-28.]

catchline: Use of funds—Contributions.


title: RCW 15.28.210

text:
Every dealer, handler, and processor shall keep a complete and accurate record of all soft tree fruits handled, shipped, or processed by him or her. Such record shall be in simple form and contain such information as the commission shall by rule or regulation prescribe. The records shall be preserved by such handler, dealer, and processor for a period of two years and shall be offered and submitted for inspection at any reasonable time upon written request of the commission or its duly authorized agents.
[ 2010 c 8 s 6041; 1961 c 11 s 15.28.210. Prior: 1947 c 73 s 20; Rem. Supp. 1947 s 2909-29.]


title: RCW 15.28.220

text:
Every dealer, handler, and processor shall at such times as the commission may by rule or regulation require, file with the commission a return under oath on forms to be prescribed and furnished by the commission, stating the quantity of soft tree fruits handled, shipped, or processed by him or her during the period or periods of time prescribed by the commission. Such return shall contain such further information as may be necessary to carry out the objects and purposes of this chapter.
[ 2010 c 8 s 6042; 1961 c 11 s 15.28.220. Prior: 1947 c 73 s 21; Rem. Supp. 1947 s 2909-30.]

catchline: Returns to commission.


title: RCW 15.28.230

text:
All assessments levied and imposed by this chapter shall be due prior to shipment and shall become delinquent if not paid within thirty days after the time established for such payment according to regulations of the commission. A delinquent penalty shall be payable on any such delinquent assessment, calculated as interest on the principal amount due at the rate of ten percent per annum. Any delinquent penalty shall not be charged back against the grower unless he or she caused such delay in payment of the assessment due.
[ 2010 c 8 s 6043; 1961 c 11 s 15.28.230. Prior: 1955 c 47 s 2; 1947 c 73 s 22; Rem. Supp. 1947 s 2909-31.]

catchline: Due date of assessments—Delinquent penalty.


title: RCW 15.28.240

text:
The commission shall by rule or regulation prescribe the method of collection, and for that purpose may require stamps to be known as "Washington state fruit commission stamps" to be purchased from the commission and fixed or attached to the container, invoices, shipping documents, inspection certificates, releases, or receiving receipts or tickets. Stamps shall be canceled immediately upon being so attached or fixed, and the date of cancellation shall be placed thereon.
[ 1961 c 11 s 15.28.240. Prior: 1947 c 73 s 23; Rem. Supp. 1947 s 2909-32.]

catchline: Collection rules—Use of "stamps."


title: RCW 15.28.250

text:
Unless the assessment has been paid by the grower and evidence thereof submitted by him or her, the dealer, handler, or processor is responsible for the payment of all assessments under this chapter on all soft tree fruits handled, shipped, or processed by him or her but he or she shall charge the same against the grower, who shall be primarily responsible for such payment. Assessments are due upon receipt of an invoice for the assessments.
If the assessment becomes delinquent, the department shall cease to provide inspection services under chapter 15.17 RCW to the delinquent party until that party pays all delinquent assessments, interest, and penalties.
Any assessment due and payable under this section constitutes a personal debt of every person so assessed or who otherwise owes the same. In addition, the commission may add to such unpaid assessment or sum an amount not exceeding ten percent of the same to defray the cost of enforcing the collecting of the same. In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the commission may bring a civil action against such person or persons, together with the specified ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.
[ 2002 c 313 s 108; 1961 c 11 s 15.28.250. Prior: 1947 c 73 s 24; Rem. Supp. 1947 s 2909-33.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Responsibility for payment of assessments—Due upon receipt—Delinquencies—Civil action.


title: RCW 15.28.260

text:
If the commission publishes a bulletin or other publication, or a section in some established trade publication, for the dissemination of information to the soft tree fruit industry in this state, the first two dollars of any assessment paid annually by each grower, handler, dealer, and processor of such fruit shall be applied to the payment of his or her subscription to such bulletin or publication.
[ 2010 c 8 s 6044; 1961 c 11 s 15.28.260. Prior: 1947 c 73 s 27; Rem. Supp. 1947 s 2909-36.]


title: RCW 15.28.270

text:
Every person shall be guilty of a misdemeanor who:
(1) Violates or aids in the violation of any provision of this chapter, or
(2) Violates or aids in the violation of any rule or regulation of the commission.
[ 1961 c 11 s 15.28.270. Prior: 1947 c 73 s 28; Rem. Supp. 1947 s 2909-37.]

catchline: Violations—Penalty.


title: RCW 15.28.280

text:
Any prosecution brought under this chapter may be instituted or brought in any county in the state in which the defendant or any of the defendants reside, or in which the violation was committed, or in which the defendant or any of the defendants has his or her principal place of business.
The several superior courts of the state are hereby vested with jurisdiction to enforce this chapter and to prevent and restrain violations thereof, or of any rule or regulation promulgated by the commission.
[ 2010 c 8 s 6045; 1961 c 11 s 15.28.280. Prior: 1947 c 73 s 29; Rem. Supp. 1947 s 2909-38.]

catchline: Venue of actions—Jurisdiction of courts.


title: RCW 15.28.290

text:
It shall be the duty of all state and county law enforcement officers and all employees and agents of the department to aid in the enforcement of this chapter.
[ 1961 c 11 s 15.28.290. Prior: 1947 c 73 s 30; Rem. Supp. 1947 s 2909-39.]

catchline: Duty to enforce.


title: RCW 15.28.300

text:
Every rule, regulation, or order promulgated by the commission shall be filed with the director, and shall be published in a legal newspaper of general circulation in each of the three districts. All such rules, regulations, or orders shall become effective pursuant to the provisions of RCW 34.05.380.
[ 1985 c 469 s 7; 1975 1st ex.s. c 7 s 38; 1961 c 11 s 15.28.300. Prior: 1947 c 73 s 31; Rem. Supp. 1947 s 2909-40.]


title: RCW 15.28.305

text:
Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310 and the provisions of chapter 19.85 RCW, the regulatory fairness act, when adoption of the rule is determined by a referendum vote of the affected parties.
[ 2002 c 313 s 109.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Rule making—Exemptions.


title: RCW 15.28.310

text:
Agents of the commission, upon specific written authorization signed by the chair or secretary-manager thereof, shall have the right to inspect the premises, books, records, documents, and all other instruments of any carrier, railroad, truck, boat, grower, handler, dealer, and processor for the purpose of enforcing this chapter and collecting the assessments levied hereunder.
[ 2010 c 8 s 6046; 1961 c 11 s 15.28.310. Prior: 1947 c 73 s 32; Rem. Supp. 1947 s 2909-41.]

catchline: Authority to agents of commission to inspect.


title: RCW 15.28.315

text:
(1) Under RCW 42.56.380, certain agricultural business records, commission records, and department of agriculture records relating to the commission and producers of agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records submitted to either the department or the commission for the purpose of administering this chapter may be shared between the department and the commission. They may also be used, if required, in any suit or administrative hearing involving any provision of this chapter or a marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of persons subject to this chapter as long as the statements do not identify the information furnished by any person; or
(b) The publication by the director or the commission of the name of any person violating this chapter and a statement of the manner of the violation by that person.
[ 2005 c 274 s 213; 2002 c 313 s 68.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

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


title: RCW 15.28.320

text:
The director may provide by rule for a method to fund staff support for all commodity boards and commissions in accordance with RCW 43.23.033 if a position is not directly funded by the legislature and costs related to the specific activity undertaken on behalf of an individual commodity board or commission. The commission shall provide funds to the department according to the rules adopted by the director.
[ 2002 c 313 s 74.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Funding staff support—Rules.


title: RCW 15.28.325

text:
The costs incurred by the department of agriculture associated with the implementation of RCW 15.28.103 shall be paid for by the commission.
[ 2003 c 396 s 23.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

catchline: Costs of implementing RCW 15.28.103.


title: RCW 15.28.910

text:
This chapter shall be liberally construed.
[ 1961 c 11 s 15.28.910. Prior: 1947 c 73 s 33, part; Rem. Supp. 1947 s 2909-42, part.]

catchline: Liberal construction.


title: RCW 15.30.010

text:
For the purpose of this chapter:
(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 appointed representative.
(3) "Person" means a natural person, individual, or firm, partnership, corporation, company, society, and association and every officer, agent, or employee thereof. This term shall import either the singular or plural, as the case may be.
(4) "Controlled atmosphere storage" means any storage warehouse consisting of one or more rooms, or one or more rooms in any one facility in which atmospheric gases are controlled in their amount and in degrees of temperature for the purpose of controlling the condition and maturity of any fresh fruits or vegetables in order that, upon removal, they may be designated as having been exposed to controlled atmosphere.
[ 2010 c 8 s 6047; 1961 c 29 s 1.]

catchline: Definitions.


title: RCW 15.30.020

text:
It shall be unlawful for any person to engage in the business of operating a controlled atmosphere storage warehouse or warehouses without first obtaining an annual license from the director. Such license shall expire on August 31st of any one year.
[ 1961 c 29 s 2.]

catchline: Annual license required—Expiration date.


title: RCW 15.30.030

text:
Application for a license to operate a controlled atmosphere warehouse shall be on a form prescribed by the director and shall include the following:
(1) The full name of the person applying for the license.
(2) If such applicant is an individual, receiver, trustee, firm, partnership, association, or corporation, the full name of each member of the firm or partnership or the names of the officers of the association or corporation shall be given on the application.
(3) The principal business address of the applicant in the state and elsewhere.
(4) The name of a person domiciled in this state authorized to receive and accept service or legal notices of all kinds.
(5) The storage capacity of each controlled atmosphere storage warehouse the applicant intends to operate by cubic capacity or volume.
(6) The kind of fruits or vegetables for which the applicant intends to provide controlled atmosphere storage.
(7) Any other information prescribed by the director necessary to carry out the purposes and provisions of this chapter.
The director shall issue a license to an applicant upon his or her satisfaction that the applicant has satisfied the requirements of this chapter and rules adopted hereunder and that such applicant has paid the required license fee.
[ 2010 c 8 s 6048; 1961 c 29 s 3.]

catchline: Application for license, contents—Issuance, prerequisites.


title: RCW 15.30.040

text:
The application for an annual license to engage in the business of operating a controlled atmosphere storage warehouse or warehouses shall be accompanied by an annual license fee prescribed by the director by rule.
[ 1988 c 254 s 6; 1961 c 29 s 4.]

catchline: Annual license fee.


title: RCW 15.30.050

text:
The director shall enforce and carry out the provisions of this chapter and may adopt the necessary rules to carry out its purposes. The adoption of rules shall be subject to the provisions of chapter 34.05 RCW, concerning the adoption of rules, as enacted or hereafter amended.
[ 1961 c 29 s 5.]


title: RCW 15.30.060

text:
The director shall adopt rules:
(1) Prescribing the maximum amount of oxygen that may be retained in a sealed controlled atmosphere storage warehouse: PROVIDED, That such maximum amount of oxygen retained shall not exceed five percent when apples are stored in such controlled atmosphere storage warehouse.
(2) Prescribing the period in which the oxygen content shall be reduced to the amount prescribed in subsection (1) of this section: PROVIDED, That such period shall not exceed twenty days when apples are stored in such controlled atmosphere warehouse.
(3) The length of time and the degrees of temperature at which any fruits or vegetables shall be retained in controlled atmosphere storage, before they may be classified as having been stored in controlled atmosphere storage: PROVIDED, That such period shall not be less than forty-five days for Gala and Jonagold varieties and not less than sixty days for other apples.
[ 1999 c 70 s 1; 1994 c 23 s 1; 1967 c 215 s 1; 1961 c 29 s 6.]

catchline: Rules—Oxygen content, temperature, and time period to be maintained—Classification of fruits, vegetables as controlled atmosphere stored.


title: RCW 15.30.070

text:
If an application for renewal of the license provided for in RCW 15.30.020 is not filed prior to September 1st of any one year, a penalty of two dollars and fifty cents shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued: PROVIDED, That such penalty shall not apply if the applicant furnishes an affidavit that he or she has not engaged in the business of operating a controlled atmosphere storage warehouse subsequent to the expiration of his or her prior license.
[ 2010 c 8 s 6049; 1961 c 29 s 7.]

catchline: License renewal date—Penalty for late renewal, exception.


title: RCW 15.30.080

text:
The director is authorized to deny, suspend, or revoke the license provided for in RCW 15.30.020 subsequent to a hearing, in any case in which he or she finds that there has been a failure or refusal to comply with the provisions of this chapter or rules adopted hereunder.
[ 2010 c 8 s 6050; 1961 c 29 s 8.]

catchline: Denial, suspension, revocation of license—Grounds—Hearing required.


title: RCW 15.30.090

text:
All hearings for a denial, suspension, or revocation of the license provided for in RCW 15.30.020 shall be subject to the provisions of chapter 34.05 RCW concerning adjudicative proceedings.
[ 1989 c 175 s 45; 1961 c 29 s 9.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Denial, suspension, revocation of license—Hearings subject to Administrative Procedure Act.


title: RCW 15.30.100

text:
The director may issue subpoenas to compel the attendance of witnesses and/or the production of books, documents and records, anywhere in the state in any hearing affecting the authority or privilege granted by a license issued under the provisions of this chapter. Witnesses shall be entitled to fees for attendance and travel, as provided for in chapter 2.40 RCW, as enacted or hereafter amended.
[ 1961 c 29 s 10.]

catchline: Subpoenas—Witnesses and fees.


title: RCW 15.30.110

text:
The director when issuing a license to an applicant shall include a warehouse number which shall be preceded by the letters "CA". If the applicant in applying for a license includes a request for a specific warehouse number, the director shall issue such number to the applicant if such number has not been issued to a prior applicant. The letters "CA" and the number issued as provided in this section shall be marked in a manner provided by the director on all containers in which fruits or vegetables subject to the provisions of this chapter are placed or packed.
[ 1961 c 29 s 11.]

catchline: Issuance of warehouse number—Use of letters "CA"—Marking containers with letters and number.


title: RCW 15.30.120

text:
The licensee shall make air component determinations as to the percentage of carbon dioxide, oxygen and temperature at least once each day. A record of such determinations shall be kept on a form prescribed by the director for a period of two years and shall include the following:
(1) The name and address of the licensee.
(2) The number of the warehouse and the storage capacity of the warehouse.
(3) The date of sealing of the warehouse.
(4) Date of opening of the warehouse.
(5) A daily record of the date and time of the tests, including the percentage of carbon dioxide, percentage of oxygen and the temperature.
[ 1961 c 29 s 12.]

catchline: Licensee to make daily determination of air components—Record, form, contents.


title: RCW 15.30.130

text:
The identity of any fruits or vegetables represented as having been stored in a room or warehouse subject to the provisions of this chapter shall be maintained, by the CA number issued to the licensee in whose warehouse such fruits and vegetables were stored and the state lot inspection number issued by the director for such fruits or vegetables, from the time it leaves such warehouse through the various channels of trade and transportation to the retailer.
[ 1961 c 29 s 13.]

catchline: Identity of fruit and vegetables to be maintained by CA number and inspection number to retail market.


title: RCW 15.30.140

text:
The director may by rule establish condition and maturity standards for fruits or vegetables subject to the provisions of this chapter which may be higher than maturity and condition standards established for similar grades or classifications of such fruits or vegetables which are not subject to the provisions of this chapter.
[ 1961 c 29 s 14.]

catchline: Maturity and condition standards may be higher than for fruit and vegetables not subject to chapter.


title: RCW 15.30.150

text:
Minimum condition and maturity standards for apples subject to the provisions of this chapter shall be the U.S. condition and maturity standards for export as provided in 7 Code of Federal Regulations 51.317 on February 21, 1961: PROVIDED, That the director may adopt any subsequent amendment to such U.S. condition and maturity standards for export prescribed by the secretary of agriculture of the United States.
[ 1961 c 29 s 15.]

catchline: Minimum condition and maturity standards for apples.


title: RCW 15.30.160

text:
No person in this state shall place or stamp the letters "CA" or a similar designation in conjunction with a number or numbers upon any container or subcontainer of any fruits or vegetables, unless the director has inspected such fruits or vegetables and issued a state lot number for such fruits or vegetables in conjunction with a certificate stating their quality and condition, that they were stored in a warehouse licensed under the provisions of this chapter and that they meet all other requirements of this chapter or rules adopted hereunder: PROVIDED, That if such fruits or vegetables are not allowed to enter the channels of commerce within two weeks of such inspection or a subsequent similar inspection by the director the letters "CA" and the state lot number shall be eradicated by the licensee.
[ 1961 c 29 s 16.]

catchline: Inspection, certification prior to using "CA" or similar designation—Eradication required, when.


title: RCW 15.30.170

text:
Any person financially interested in any fruits or vegetables subject to the provisions of this chapter may apply to the director for inspection and certification as to whether such fruits or vegetables meet the requirements provided for in this chapter or rules adopted hereunder.
[ 1961 c 29 s 17.]

catchline: Inspection, certification may be requested by financially interested person.


title: RCW 15.30.180

text:
The director shall prescribe the necessary fees to be charged to the licensee or owner for the inspection and certification of any fruits or vegetables subject to the provisions of this chapter or rules adopted hereunder. The fees provided for in this section shall become due and payable by the end of the next business day and if such fees are not paid within the prescribed time, the director may withdraw inspection or refuse to perform any inspection or certification services for the person in arrears: PROVIDED, That the director in such instances may demand and collect inspection and certification fees prior to inspecting and certifying any fruits or vegetables for such person.
[ 1961 c 29 s 18.]

catchline: Fees for inspection and certification.


title: RCW 15.30.190

text:
Every inspection certificate issued by the director under the provisions of this chapter shall be received in all courts of the state as prima facie evidence of the statement therein.
[ 1961 c 29 s 19.]

catchline: Certificate as evidence.


title: RCW 15.30.200

text:
All moneys collected under the provisions of this chapter for the inspection and certification of any fruits or vegetables subject to the provisions of this chapter shall be handled and deposited in the manner provided for in chapter 15.17 RCW, as enacted or hereafter amended, for the handling of inspection and certification fees derived for the inspection of any fruits and vegetables.
[ 2011 c 103 s 2; 1961 c 29 s 20.]
Notes:
Purpose—2011 c 103: See note following RCW 15.26.120.

catchline: Disposition of fees.


title: RCW 15.30.210

text:
It shall be unlawful for any person to sell, offer for sale, hold for sale, or transport for sale any fruits or vegetables represented as having been exposed to "controlled atmosphere storage" or to use any such term or form of words or symbols of similar import unless such fruits or vegetables have been stored in controlled atmosphere storage which meets the requirements of this chapter or rules adopted hereunder.
[ 1961 c 29 s 21.]

catchline: Unlawful sales, acts, or use of words "controlled atmosphere storage" and terms of similar import.


title: RCW 15.30.220

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 in the county in which such violation occurs or is about to occur, notwithstanding the existence of any other remedies at law.
[ 1961 c 29 s 22.]

catchline: Injunctions authorized.


title: RCW 15.30.230

text:
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1961 c 29 s 23.]

catchline: Chapter cumulative and nonexclusive.


title: RCW 15.30.240

text:
The enactment of this chapter shall not have the effects of terminating, or in any way modifying any liability, civil or criminal, which shall already be in existence on February 21, 1961.
[ 1961 c 29 s 24.]

catchline: Prior civil or criminal liability not affected.


title: RCW 15.30.250

text:
(1) Except as provided in subsection (2) of this section, any person violating the provisions of this chapter or rules adopted hereunder is guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a previous conviction shall be considered a first offense.
[ 2003 c 53 s 106; 1961 c 29 s 25.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Penalties for violating chapter.


title: RCW 15.30.260

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.
[ 1961 c 29 s 26.]

catchline: Cooperation, agreements with other governmental agencies.


title: RCW 15.30.900

text:
Any fruits or vegetables now in controlled atmosphere storage and removed after February 21, 1961 may be marked, shipped, represented and sold as having been exposed to controlled atmosphere storage if such fruits and vegetables meet the requirements of this chapter and the rules and regulations adopted hereunder.
[ 1961 c 29 s 28.]

catchline: Fruits and vegetables in storage prior to enactment of chapter.


title: RCW 15.35.010

text:
This chapter may be known and cited as the Washington state milk pooling act to provide for equitable pricing and pooling among producers and processors of milk and milk products.
[ 1993 c 345 s 1; 1971 ex.s. c 230 s 1.]

catchline: Short title.


title: RCW 15.35.030

text:
It is hereby declared that:
(1) Milk is a necessary article of food for human consumption;
(2) The production, distribution, and maintenance of an adequate supply of healthful milk of proper chemical and physical content, free from contamination, is vital to the public health and welfare;
(3) It is the policy of the state to promote, foster, and encourage the intelligent production and orderly marketing of adequate supplies of pure and wholesome milk and milk products necessary to its citizens, to promote competitive prices, and to eliminate economic waste, destructive trade practices, and improper accounting for milk purchased from producers;
(4) Economic factors concerning the production, marketing, and sale of milk in the state may not be accurately reflected in federal programs;
(5) Conditions within the milk industry of this state are such that it may be necessary to establish marketing areas wherein pricing and pooling arrangements between producers are necessary, and for that purpose the director shall have the administrative authority, with such additional duties as are herein prescribed, after investigations and public hearings, to prescribe such marketing areas and modify the same when advisable or necessary.
[ 1993 c 345 s 2; 1991 c 239 s 1; 1971 ex.s. c 230 s 3.]

catchline: Declaration of public interest.


title: RCW 15.35.060

text:
The purposes of this chapter are to:
(1) Authorize and enable the director to prescribe marketing areas and to establish pricing and pooling arrangements which are necessary to prevent disorderly marketing of milk due to varying factors of costs of production, health regulations, transportation, and other factors in said marketing areas of this state;
(2) Authorize and enable the director to formulate marketing plans subject to the provisions of this chapter, in accordance with chapter 34.05 RCW, which provide for pricing and pooling arrangements and declare such plans in effect for any marketing area;
(3) Provide funds for administration and enforcement of this chapter by assessments to be paid by producers.
[ 1993 c 345 s 3; 1991 c 239 s 2; 1971 ex.s. c 230 s 6.]

catchline: Purposes.


title: RCW 15.35.070

text:
It is the intent of the legislature that the powers conferred in this chapter shall be liberally construed. Nothing in this chapter shall be construed as permitting or authorizing the development of conditions of monopoly in the production or distribution of milk, nor shall this chapter give the director authority to establish wholesale or retail prices for processed milk products.
[ 1993 c 345 s 5; 1991 c 239 s 3; 1971 ex.s. c 230 s 7.]

catchline: Powers conferred to be liberally construed—Monopoly—Price setting.


title: RCW 15.35.080

text:
For the purposes of this chapter:
(1) "Department" means the department of agriculture of the state of Washington;
(2) "Director" means the director of the department or the director's duly appointed representative;
(3) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent, or employee thereof. This term shall import either the singular or plural as the case may be;
(4) "Market" or "marketing area" means any geographical area within the state or another state comprising one or more counties or parts thereof, where marketing conditions are substantially similar and which may be designated by the director as one marketing area;
(5) "Milk" means all fluid milk from cows as defined in chapter 15.36 RCW and rules adopted under chapter 15.36 RCW;
(6) "Milk products" includes any product manufactured from milk or any derivative or product of milk;
(7) "Milk dealer" means any person engaged in the handling of milk in his or her capacity as the operator of a milk plant, as that term is defined in chapter 15.36 RCW and rules adopted under chapter 15.36 RCW:
(a) Who receives milk in an unprocessed state from dairy farms, and who processes milk into milk or milk products; and
(b) Whose milk plant is located within the state or from whose milk plant milk or milk products that are produced at least in part from milk from producers are disposed of to any place or establishment within a marketing area;
(8) "Producer" means a person producing milk within this state for sale under a grade A milk permit issued by the department under the provisions of chapter 15.36 RCW or, if the director so provides by rule, a person who markets to a milk dealer milk produced under a grade A permit issued by another state;
(9) "Classification" means the classification of milk into classes according to its utilization by the department;
(10) The terms "plan," "market area and pooling arrangement," "market area pooling plan," "market area and pooling plan," "market pool," and "market plan" all have the same meaning;
(11) "Producer-dealer" means a producer who engages in the production of milk and also operates a plant from which an average of more than three hundred pounds daily of milk products, except filled milk, is sold within the marketing area and who has been so designated by the director. A state institution which processes and distributes milk of its own production shall be considered a producer-dealer for purposes of this chapter, but the director may by rule exempt such state institutions from any of the requirements otherwise applicable to producer-dealers.
[ 1994 c 143 s 509; 1993 c 345 s 4; 1992 c 58 s 1; 1991 c 239 s 4; 1971 ex.s. c 230 s 8.]

catchline: Definitions.


title: RCW 15.35.090

text:
(1) The director shall in carrying out the provisions of this chapter and any marketing plan thereunder confer with the legally constituted authorities of other states of the United States, and the United States department of agriculture, for the purpose of seeking uniformity of milk control with respect to milk coming in to the state and going out of the state in interstate commerce with a view to accomplishing the purposes of this chapter, and may enter into a compact or compacts which will insure a uniform system of milk control between this state and other states.
(2) In order to facilitate carrying out the provisions and purposes of this chapter, the department may hold joint hearings with authorized officers or agencies of other states who have duties and powers similar to those of the department or with any authorized person designated by the United States department of agriculture, and may enter into joint agreements with such authorized state or federal agencies for exchange of information with regard to prices paid to producers for milk moving from one state to the other or any purpose to carry out and enforce this chapter.
[ 1991 c 239 s 5; 1971 ex.s. c 230 s 9.]

catchline: Milk control between states.


title: RCW 15.35.100

text:
Subject to the provisions of this chapter, the director is hereby vested with the authority:
(1) To investigate all matters pertaining to the production, processing, storage, transportation, and distribution of milk and milk products in the state, and shall have the authority to:
(a) Establish classifications of processed milk and milk products, and a minimum price or a formula to determine a minimum price to be paid by milk dealers for milk used to produce each such class of products;
(b) Require that payment be made by dealers to producers of fluid milk or their cooperative associations and prescribe the method and time of such payments by dealers to producers or their cooperative associations in accordance with a marketing plan for milk;
(c) Determine what constitutes a natural milk market area;
(d) Establish quota systems within marketing plans, and to determine by using uniform rules, what portion of the milk produced by each producer shall be assigned to each quota classification;
(e) Provide for the pooling of minimum class values from the sales of each class of milk to milk dealers, and the equalization of returns to producers;
(f) Provide and establish market pools for a designated market area with such rules as the director may adopt;
(g) Employ an executive officer, who shall be known as the milk pooling administrator;
(h) Employ such persons or contract with such entities as may be necessary and incur all expenses necessary to carry out the purposes of this chapter;
(i) Determine by rule, what portion of any increase in the available quotas shall be assigned to new producers or existing producers.
(2) To issue subpoenas to compel the attendance of witnesses and/or the production of books, documents, and records anywhere in the state in any hearing affecting the authority of privileges granted by a license issued under the provisions of this chapter. Witnesses shall be entitled to fees for attendance and travel as provided for in chapter 2.40 RCW.
(3) To make, adopt, and enforce all rules necessary to carry out the purposes and policies of this chapter subject to the provisions of chapter 34.05 RCW concerning the adoption of rules. Nothing contained in this chapter shall be construed to abrogate or affect the status, force, or operation of any provision of the public health laws enacted by the state or any municipal corporation or the public service laws of this state.
[ 1993 c 345 s 6; 1991 c 239 s 6; 1971 ex.s. c 230 s 10.]


title: RCW 15.35.105

text:
(1) In establishing a minimum milk price or a formula to determine a minimum milk price, as provided under RCW 15.35.060 and 15.35.100, the director shall, in addition to other appropriate criteria, consider the:
(a) Cost of producing fluid milk for human consumption;
(b) Transportation costs;
(c) Milk prices in states or regions outside of the state that influence prices within the marketing areas;
(d) Demand for fluid milk for human consumption;
(e) Alternative enterprises available to producers; and
(f) Economic impact on milk dealers.
(2) A milk dealer who believes that actual competition from outside the marketing area is having a significant economic impact on that milk dealer, may petition the director for a public hearing on an expedited basis to consider whether the minimum milk price in the market plan should be changed relative to the milk price to a competitor located outside the state plus transportation costs for that competitor to compete with the petitioning milk dealer.
(a) To be considered, the petition must identify the specific action requested, and must be accompanied by a statement summarizing the facts and evidence that would be provided at a public hearing by or on behalf of the petitioner to support the need for the requested action, including an identification of circumstances that have changed since the last rule-making proceeding at which the minimum price was established.
(b) Within twenty-one days of receiving the petition, the director shall either:
(i) Adopt rules on an emergency basis, in accordance with RCW 34.05.350;
(ii) File, and distribute to all milk dealers and other interested parties, notice that a hearing will be held within sixty days of receiving the petition;
(iii) Advise the petitioner in writing that the request for rule making is denied, and explain the reasons for the denial; or
(iv) Advise the petitioner in writing that the petition provides insufficient information from which to find that rule making should be initiated, and request that the petition be resubmitted with additional information.
(c) Except as otherwise specifically provided in this section, this petition must be handled in accordance with RCW 34.05.330, and the rule-making procedures of chapter 34.05 RCW.
(3) The director may adopt rules of practice or procedure with respect to the proceedings.
[ 1993 c 345 s 7; 1991 c 239 s 7.]

catchline: Minimum milk price—Competition from outside the marketing area.


title: RCW 15.35.110

text:
(1) The director, either upon his or her own motion or upon petition by ten percent of the producers in any proposed area, shall conduct a hearing to determine whether to establish or discontinue a market area pooling arrangement. Upon determination by the director that in order to satisfy the purposes of this chapter a pooling arrangement should be established, a referendum of affected individual producers and milk dealers shall be conducted by the department.
(2) In order for the director to establish a market area and pooling plan:
(a) Sixty-six and two-thirds percent of the producers and producer-dealers that vote must be in favor of establishing a market area and pooling plan;
(b) Sixty-six and two-thirds percent of the milk dealers and producer-dealers that vote must be in favor of establishing a market area and pooling plan; and
(c) Producer-dealers providing notice to the director under RCW 15.35.115(1), shall be authorized to vote both as producers and as milk dealers.
(3) Except as provided in subsection (4) of this section, the director, within ninety days from the date the results of a referendum approved under subsection (2) of this section are filed with the secretary of state, shall adopt rules to establish a market pool in the market area, as provided for in this chapter. In conducting hearings on rules proposed for adoption under this subsection, the director shall invite public comment on whether milk regulation similar to the market area pooling plan proposed in the rules exists in neighboring states and whether a lack of such milk regulation in neighboring states would render such a market area pooling plan in this state ineffective or impractical.
(4) If, following hearings held under subsection (3) of this section, the director determines that the lack of milk regulation in neighboring states similar to the market area pooling plan proposed for this state would render such a pooling arrangement in this state ineffective or impractical, the director shall so state in writing. The director shall file the statement with the code reviser for publication in the Washington State Register. In such a case, a market area pooling plan shall not be established in the market area under subsection (3) of this section based upon the referendum that precipitated the hearings.
If the director determines that such a lack of milk regulation in neighboring states would not render such a market area pooling plan ineffective or impractical in this state, the director shall adopt rules in accordance with subsection (3) of this section.
(5) If fifty-one percent of the producers and producer-dealers voting representing fifty-one percent of the milk produced and fifty-one percent of the milk dealers and producer-dealers in the market area vote to terminate a pooling plan, the director, within one hundred twenty days, shall terminate all the provisions of said market area and pooling arrangement.
(6) A referendum of affected producers, producer-dealers, and milk dealers shall be conducted only when a market area pooling arrangement is to be established. Only producers, milk dealers, and producer-dealers who are subject to the plan may vote on the termination of a pooling plan.
[ 1993 c 345 s 8; 1992 c 58 s 4; 1991 c 239 s 8; 1971 ex.s. c 230 s 11.]

catchline: Referendum on establishing or discontinuing market area pooling arrangement.


title: RCW 15.35.115

text:
(1) Not less than sixty days before a referendum creating a market area and pooling plan with quotas is to be conducted under RCW 15.35.110, the director shall notify each producer-dealer regarding the referendum. Any producer-dealer may choose to vote on the referendum and each choosing to do so shall notify the director in writing of this choice not later than thirty days before the referendum is conducted. Such a producer-dealer and any person who becomes a producer-dealer or producer by acquiring the quota of such a producer-dealer shall be a fully regulated producer under such an approved plan and shall receive a quota which is not less than the sales of milk in fluid form from the producer facilities during the reference period used by the director in determining quotas for producers. Such a producer-dealer shall also be a fully regulated milk dealer under the terms of such an approved plan. RCW 15.35.310(1) does not apply to a producer-dealer who is subject to regulation under this subsection.
(2) If a person was not a producer-dealer at the time notice was provided to producer-dealers under subsection (1) of this section regarding a referendum on a proposed market area and pooling plan with quotas, the plan was approved by referendum, and the person subsequently became a producer-dealer (other than by virtue of the person's acquisition of the quota of a producer-dealer who is fully regulated under the plan), the person is subject to all of the terms of the plan for producers and milk dealers during the duration of the plan and RCW 15.35.310(1) does not apply to such a person with regard to that plan.
(3) This subsection applies: To a person who was a producer-dealer at the time the notice was provided to producer-dealers under subsection (1) of this section regarding a referendum which was approved and who did not notify the director under subsection (1) of this section to vote in that referendum; and to a person who acquires the facility of such a person.
If such a person's sales of milk in fluid form subsequent to the adoption of the plan increases such that those sales in any year are more than fifty percent greater than the sales of milk in fluid form from the producer facilities during any of the previous five years, RCW 15.35.310(1) does not apply to that person with regard to that plan. Such a producer-dealer shall be a fully regulated producer under such an approved plan and shall receive a quota which is not less than the producer-dealer's sales of milk in fluid form during the reference period used by the director in determining quotas for producers. Such a producer-dealer shall also be a fully regulated dealer under the terms of such an approved plan.
If changes are made, on a market area-wide basis, to the quotas established under the plan, the director shall by rule adjust the fifty percent limitation provided by this section by an equivalent amount.
[ 1993 c 345 s 9; 1992 c 58 s 2.]

catchline: Referendum on establishing or discontinuing market area pooling arrangement—Producer-dealers.


title: RCW 15.35.120

text:
(1) The producers qualified to sign a petition, or to vote in any referendum concerning a market pool, shall be all those producers shipping milk to the market area on a regular supply basis and who would or do receive or pay equalization in an existing market pool in a market area, or in a market pool if established in such market area.
(2) The milk dealers qualified to vote in any referendum establishing a market pool shall be all those milk dealers who operate a plant which is located within the state and who would receive milk priced under a market pool if established in such market area.
(3) The director is authorized during business hours to review the books and records of milk dealers to obtain a list of the producers qualified to sign petitions or to vote in referendums and to verify that such milk dealers are qualified to vote in a referendum.
[ 1991 c 239 s 9; 1971 ex.s. c 230 s 12.]

catchline: Qualifications for producers to sign petitions or vote in referendums.


title: RCW 15.35.130

text:
Petitions filed with the director by producers shall:
(1) Consist of one or more pages, each of which is dated at the bottom. The date shall be inserted on each sheet prior to, or at the time the first signature is obtained on each sheet. The director shall not accept a sheet on which such date is more than sixty days, prior to the time it is filed with the director. After a petition is filed, additional pages may be filed if time limits have not expired.
(2) Contain wording at the top of each page which clearly explains to each person whose signature appears thereon the meaning and intent of the petition. Such wording shall also clearly indicate to the director if it is in reference to a request for public hearing, exactly what matters are to be studied and desired. Similar information must be directed to the director if the matter relates to a referendum. The director has the authority to clarify wording from a petition before making it a part of a referendum.
No informalities or technicalities in the conduct of a referendum, or in any matters relating thereto, shall invalidate any referendum if it is fairly and reasonably conducted by the director.
[ 1971 ex.s. c 230 s 13.]

catchline: Form of producer petitions.


title: RCW 15.35.140

text:
(1) The director shall establish a system of classifying, pricing, and pooling of all milk used in each market area established under RCW 15.35.110.
(2) Thereafter the director may establish a system in each market area for the equalization of returns for all quota milk and all surplus over quota milk whereby all producers selling milk to milk dealers or delivering milk in such market area, or their cooperative associations, will receive the same prices for all quota milk and all surplus over quota milk, except that any premium paid to a producer by a dealer above established prices shall not be considered in determining average pool prices. Such prices may reflect adjustments based on the value of component parts of each producer's milk.
[ 1991 c 239 s 10; 1971 ex.s. c 230 s 14.]

catchline: Director to establish systems within market areas.


title: RCW 15.35.150

text:
(1) Under a market pool and as used in this section, "quota" means a producer's or producer-dealer's portion of the total sales of milk in a market area in fluid form or, in the director's discretion, in other forms.
(2) The director may in each market area subject to a market plan establish each producer's and each producer-dealer's initial quota in the market area. Such initial quotas shall be determined by the department after due notice and the opportunity for a hearing as provided in chapter 34.05 RCW. In making this determination, consideration shall be given to a history of the producer's production record. In no case shall a producer-dealer receive as a quota an amount which is less than his or her fluid milk sales for the reference period used by the director in determining quotas for other producers.
In any system of establishing quotas, provision shall be made for new producers to qualify for allocation of quota in a reasonable proportion and for old and new producers to participate in any new increase in available quota in a reasonable proportion. The director may establish a method to proportionately decrease quota allocations in the event decreases in milk usage occur.
All subsequent changes or new quotas issued shall be determined by the department after due notice and the opportunity for a hearing as provided in chapter 34.05 RCW.
[ 1993 c 345 s 10; 1992 c 58 s 5; 1991 c 239 s 11; 1971 ex.s. c 230 s 15.]

catchline: Determination of quota.


title: RCW 15.35.160

text:
No provision of this chapter shall be deemed or construed to:
(1) Affect or impair the contracts of any such cooperative association with its members or other producers marketing their milk through such corporation;
(2) Impair or affect any contract which any such cooperative association has with milk dealers or others which are not in violation of this chapter;
(3) Affect or abridge the rights and powers of any such cooperative association conferred by the laws of this state under which it is incorporated.
[ 1971 ex.s. c 230 s 16.]

catchline: Contracts, rights and powers of associations not affected.


title: RCW 15.35.170

text:
Quotas provided for in this chapter may not in any way be transferred without the consent of the director. Regulations regarding transfer of quotas shall be determined by the department after due notice and the opportunity for a hearing as provided in chapter 34.05 RCW. Any contract for the transfer of quotas, unless the transfer has previously been approved by the director, shall be null and void. The director shall make rules and regulations to preclude any person from using a corporation as a device to evade the provisions of this section. The quotas assigned to any producer shall become null and void as of any time the producer does not own the means of production to which the quotas pertain. Quotas shall in no event be considered as property and may be taken or abolished by the state without compensation.
[ 1991 c 239 s 12; 1971 ex.s. c 230 s 17.]

catchline: Quotas—Transfer of—Limitations.


title: RCW 15.35.180

text:
The director shall examine and audit not less than one time each year or at any other such time the director considers necessary, the books and records, and may photostat such books, records, and accounts of milk dealers and cooperatives licensed or believed subject to license under this chapter for the purpose of determining:
(1) How payments to producers for the milk handled are computed and whether the amount of such payments are in accordance with the applicable marketing plan;
(2) If any provisions of this chapter affecting such payments directly or indirectly have been or are being violated.
No person shall in any way hinder or delay the director in conducting such examination.
The director may accept and use for the purposes of this section any audit made for or by a federal milk market order administrator which provides the information necessary for such purposes.
[ 1991 c 239 s 13; 1971 ex.s. c 230 s 18.]

catchline: Records of milk dealers and cooperatives, inspection and audit of.


title: RCW 15.35.190

text:
All milk dealers subject to the provisions of this chapter shall keep the records as deemed necessary by the director.
[ 1971 ex.s. c 230 s 19.]

catchline: Records necessary for milk dealers.


title: RCW 15.35.200

text:
Each milk dealer subject to the provisions of this chapter shall from time to time, as required by rule of the director, make and file a verified report, on forms prescribed by the director, of all matters on account for which a record is required to be kept, together with such other information or facts as may be pertinent and material within the scope of the purpose of this chapter. Such reports shall cover a period specified in the order, and shall be filed within a time fixed by the director.
[ 1971 ex.s. c 230 s 20.]

catchline: Verified reports of milk dealers.


title: RCW 15.35.210

text:
It shall be unlawful for any milk dealer subject to the provisions of a marketing plan to handle milk subject to the provisions of such marketing plan without first obtaining an annual license from the director for each separate place of business where such milk is received or sold. Such license shall be in addition to any other license required by the laws of this state: PROVIDED, That the provisions of this section shall not become effective for a period of sixty days subsequent to the inception of a marketing plan in any marketing area prescribed by the director.
[ 1971 ex.s. c 230 s 21.]

catchline: Milk dealer license—Required.


title: RCW 15.35.220

text:
Application for a license to act as a milk dealer shall be on a form prescribed by the director and shall contain, but not be limited to, the following:
(1) The nature of the business to be conducted;
(2) The full name and address of the person applying for the license if an individual; and if a partnership, the full name and address of each member thereof; and if a corporation, the full name and address of each officer and director;
(3) The complete address at which the business is to be conducted;
(4) Facts showing that the applicant has adequate personnel and facilities to properly conduct the business of a milk dealer;
(5) Facts showing that the applicant has complied with all the rules prescribed by the director under the provisions of this chapter;
(6) Any other reasonable information the director may require.
[ 1971 ex.s. c 230 s 22.]

catchline: Milk dealer license—Application for—Contents.


title: RCW 15.35.230

text:
(1) Application for each milk dealer's license shall be accompanied by an annual license fee to be established by the director by rule.
(2) If an application for the renewal of a milk dealer's license is not filed on or before the first day of an annual licensing period a late fee of up to one-half of the license fee shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued: PROVIDED, That such additional assessment shall not apply if the applicant furnishes an affidavit that the applicant has not acted as a milk dealer subsequent to the expiration of his or her prior license.
[ 1991 c 239 s 14; 1971 ex.s. c 230 s 23.]

catchline: Milk dealer license—Fees—Additional assessment for late renewal.


title: RCW 15.35.240

text:
The director may deny, suspend, or revoke a license upon due notice and an opportunity for a hearing as provided in chapter 34.05 RCW concerning adjudicative proceedings, or rules adopted thereunder by the director, when he or she is satisfied by a preponderance of the evidence of the existence of any of the following facts:
(1) A milk dealer has failed to account and make payments without reasonable cause, for milk purchased from a producer subject to the provisions of this chapter or rules adopted hereunder;
(2) A milk dealer has committed any act injurious to the public health or welfare or to trade and commerce in milk;
(3) A milk dealer has continued in a course of dealing of such nature as to satisfy the director of his or her inability or unwillingness to properly conduct the business of handling or selling milk, or to satisfy the director of his or her intent to deceive or defraud producers subject to the provisions of this chapter or rules adopted hereunder;
(4) A milk dealer has rejected without reasonable cause any milk purchased or has rejected without reasonable cause or reasonable advance notice milk delivered in ordinary continuance of a previous course of dealing, except where the contract has been lawfully terminated;
(5) Where the milk dealer is insolvent or has made a general assignment for the benefit of creditors or has been adjudged bankrupt or where a money judgment has been secured against him or her upon which an execution has been returned wholly or partially satisfied;
(6) Where the milk dealer has been a party to a combination to fix prices, contrary to law; a cooperative association organized under chapter 23.86 RCW and making collective sales and marketing milk pursuant to the provisions of such chapter, directly or through a marketing agent, shall not be deemed or construed to be a conspiracy or combination in restraint of trade or an illegal monopoly;
(7) Where there has been a failure either to keep records or to furnish statements or information required by the director;
(8) Where it is shown that any material statement upon which the license was issued is or was false or misleading or deceitful in any particular;
(9) Where the applicant is a partnership or a corporation and any individual holding any position or interest or power of control therein has previously been responsible in whole or in part for any act for which a license may be denied, suspended, or revoked, pursuant to the provisions of this chapter or rules adopted hereunder;
(10) Where the milk dealer has violated any provisions of this chapter or rules adopted hereunder;
(11) Where the milk dealer has ceased to operate the milk business for which the license was issued.
[ 2010 c 8 s 6051. Prior: 1989 c 307 s 36; 1989 c 175 s 47; 1987 c 164 s 1; 1971 ex.s. c 230 s 24.]
Notes:
Legislative finding—1989 c 307: See note following RCW 23.86.007.
Application—1989 c 307: See RCW 23.86.900.
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Milk dealer license—Denial, suspension, or revocation of—Grounds.


title: RCW 15.35.250

text:
(1) There is hereby levied upon all milk sold or received in any marketing area subject to a marketing plan established under the provisions of this chapter an assessment, not to exceed five cents per one hundred pounds of all such milk, to be paid by the producer of such milk. Such assessment shall be collected by the first milk dealer who receives or handles such milk from any producer or his or her agent subject to such marketing plan and shall be paid to the director for deposit into the agricultural local fund.
The amount to be assessed and paid to the director under any marketing plan shall be determined by the director within the limits prescribed by this subsection and shall be determined according to the necessities required to carry out the purpose and provisions of this chapter under any such marketing plan.
(2) In the event a producer's milk dealer does not provide milk testing in a state-certified laboratory, the director may levy an additional assessment on all such milk, not to exceed three cents per one hundred pounds of milk, to be paid by the producer of such milk. Such assessment shall be collected by the first milk dealer who receives or handles such milk from any producer or the producer's agent subject to the marketing plan and shall be paid to the director for deposit into the agricultural local fund. Moneys from such assessments shall be used to provide testing of the milk in a state-certified laboratory.
The amount to be assessed and paid to the director under this subsection shall be determined by the director within the limits prescribed by this subsection.
(3) Upon the failure of any dealer to withhold out of amounts due to or to become due to a producer at the time a dealer is notified by the director of the amounts to be withheld and upon failure of such dealer to pay such amounts, the director subject to the provisions of RCW 15.35.260, may revoke the license of the dealer required by RCW 15.35.230. The director may commence an action against the dealer in a court of competent jurisdiction in the county in which the dealer resides or has his principal place of business to collect such amounts. If it is determined upon such action that the dealer has wrongfully refused to pay the amounts the dealer shall be required to pay, in addition to such amounts, all the costs and disbursements of the action, to the director as determined by the court. If the director's contention in such action is not sustained, the director shall pay to the dealer all costs and disbursements of the action as determined by the court.
[ 1993 c 345 s 11; 1991 c 239 s 15; 1971 ex.s. c 230 s 25.]

catchline: Marketing assessment on producers—Additional assessment for milk testing—Penalty—Court action.


title: RCW 15.35.260

text:
Each licensee, in addition to other records required under the provisions of this chapter, shall keep such records and make such reports as the director may require for the purpose of computing payments of assessments by such licensee.
[ 1971 ex.s. c 230 s 26.]

catchline: Records and reports of licensees for assessment purposes.


title: RCW 15.35.270

text:
All assessments on milk subject to the provisions of this chapter and a marketing order shall be paid to the director on or before the twentieth day of the succeeding month for the milk which was received or handled in the previous month.
[ 1971 ex.s. c 230 s 27.]

catchline: Assessment due date.


title: RCW 15.35.280

text:
The director shall establish a separate account for each marketing plan established under the provisions of this chapter, and all license fees and assessments collected under any such marketing plan shall be deposited in its separate account to be used only for the purpose of carrying out the provisions of such marketing plan: PROVIDED, That the director may deduct from each such account the necessary costs incurred by the department. Such costs shall be prorated among the several marketing plans if more than one is in existence under the provisions of this chapter.
[ 1971 ex.s. c 230 s 28.]

catchline: Separate account for each marketing plan—Deductions for departmental costs.


title: RCW 15.35.290

text:
In addition to any other remedy provided by law, the director in the name of the state shall have the right to sue in any court of competent jurisdiction for the recovery of any moneys due it from any persons subject to the provisions of this chapter and shall also have the right to institute suits in equity for injunctive relief and for purpose of enforcement of the provisions of this chapter.
[ 1971 ex.s. c 230 s 29.]

catchline: Court actions to implement.


title: RCW 15.35.300

text:
Any violation of this chapter and/or rules and regulations adopted thereunder shall constitute a misdemeanor: PROVIDED, That this section shall not apply to retail purchasers who purchase milk for domestic consumption.
[ 1971 ex.s. c 230 s 30.]

catchline: General penalty—Misdemeanor—Exception.


title: RCW 15.35.310

text:
(1) Except as provided in RCW 15.35.115, the provisions of this chapter shall not apply to persons designated as producer-dealers, except that:
(a) The director may require pursuant to RCW 15.35.100 any information deemed necessary to verify a producer-dealer's status as a producer-dealer; and
(b) A producer-dealer shall comply with all requirements of this chapter applicable to milk dealers, except those which the director may deem unnecessary.
(2) The director shall upon request designate producer-dealers and adopt rules governing eligibility for designation of a producer-dealer and cancellation of such designation. To receive such designation, a producer-dealer shall, at a minimum:
(a) In its capacity as a handler, have and exercise complete and exclusive control over the operation and management of a plant at which it handles and processes milk received from its own milk production resources and facilities as designated in subsection (4)(a) of this section, the operation and management of which are under the complete and exclusive control of the producer-dealer in its capacity as a dairy farmer;
(b) Neither receive at its designated milk production resources and facilities nor receive, handle, process, or distribute at or through any of its milk handling, processing, or distributing resources and facilities, as designated in subsection (4)(b) of this section, milk products for reconstitution into fluid milk products, or fluid milk products derived from any source other than (i) its designated milk production resources and facilities, (ii) other milk dealers within the limitation specified in subsection (2)(e) of this section, or (iii) nonfat milk solids which are used to fortify fluid milk products;
(c) Neither be directly nor indirectly associated with the business control or management of, nor have a financial interest in, another dealer's operation; nor shall any other dealer be so associated with the producer-dealer's operation;
(d) Not allow milk from the designated milk production resources and facilities of the producer-dealer to be delivered in the name of another person as producer milk to another handler; and
(e) Not handle fluid milk products derived from sources other than the designated milk production facilities and resources, except for fluid milk product purchased from pool plants which do not exceed in the aggregate a daily average during the month of one hundred pounds.
(3) Designation of any person as a producer-dealer following a cancellation of its prior designation shall be preceded by performance in accordance with subsection (2) of this section for a period of one month.
(4) Designation of a person as a producer-dealer shall include the determination and designation of the milk production, handling, processing, and distributing resources and facilities, all of which shall be deemed to constitute an integrated operation, as follows:
(a) As milk production resources and facilities: All resources and facilities, milking herd, buildings housing such herd, and the land on which such buildings are located, used for the production of milk:
(i) Which are directly, indirectly, or partially owned, operated, or controlled by the producer-dealer;
(ii) In which the producer-dealer in any way has an interest including any contractual arrangement; and
(iii) Which are directly, indirectly, or partially owned, operated, or controlled by any partner or stockholder of the producer-dealer. However, for purposes of this item (4)(a)(iii) any such milk production resources and facilities which the producer-dealer proves to the satisfaction of the director do not constitute an actual or potential source of milk supply for the producer-dealer's operation as such shall not be considered a part of the producer-dealer's milk production resources and facilities; and
(b) As milk handling, processing, and distributing resources and facilities: All resources and facilities including store outlets used for handling, processing, and distributing any fluid milk product:
(i) Which are directly, indirectly, or partially owned, operated, or controlled by the producer-dealer; or
(ii) In which the producer-dealer in any way has an interest, including any contractual arrangement, or with respect to which the producer-dealer directly or indirectly exercises any degree of management or control.
(5) Designation as a producer-dealer shall be canceled automatically upon determination by the director that any of the requirements of subsection (2) of this section are not continuing to be met, such cancellation to be effective on the first day of the month following the month in which the requirements were not met, or the conditions for cancellation occurred.
[ 1992 c 58 s 6; 1991 c 239 s 16; 1971 ex.s. c 230 s 31.]

catchline: Certain producer-dealers exempt.


title: RCW 15.36.002

text:
This chapter is intended to enact state legislation that safeguards the public health and promotes public welfare by: (1) Protecting the consuming public from milk or milk products that are: (a) Unsafe; (b) produced under unsanitary conditions; (c) do not meet bacterial standards under the PMO; or (d) below the quality standards under Title 21 C.F.R. or administrative rules and orders adopted under this chapter; and (2) requiring licensing of all aspects of the dairy production and processing industry.
[ 1994 c 143 s 101.]

catchline: Intent.


title: RCW 15.36.012

text:
For the purpose of this chapter:
"Adulterated milk" means milk that is deemed adulterated under appendix L of the PMO.
"Colostrum milk" means milk produced within ten days before or until practically colostrum free after parturition.
"DMO" means supplement I, the recommended sanitation ordinance for grade A condensed and dry milk products and condensed and dry whey, to the PMO published by the United States public health service, food and drug administration.
"Dairy farm" means a place or premises where one or more cows, goats, or other mammals are kept, a part or all of the milk or milk products from which is sold or offered for sale.
"Dairy technician" means any person who takes samples of milk or cream or fluid derivatives thereof, on which sample tests are to be made as a basis of payment, or who grades, weighs, or measures milk or cream or the fluid derivatives thereof, the grade, weight, or measure to be used as a basis of payment, or who operates equipment wherein milk or products thereof are pasteurized.
"Degrade" means the lowering in grade from grade A to grade C.
"Department" means the state department of agriculture.
"Director" means the director of agriculture of the state of Washington or the director's duly authorized representative.
"Grade A milk processing plant" means any milk processing plant that meets all of the standards of the PMO to process grade A pasteurized milk or milk products.
"Grade A pasteurized milk" means grade A raw milk that has been pasteurized.
"Grade A raw milk" means raw milk produced upon dairy farms conforming with all of the items of sanitation contained in the PMO, in which the bacterial plate count does not exceed twenty thousand per milliliter and the coliform count does not exceed ten per milliliter as determined in accordance with RCW 15.36.201.
"Grade A raw milk for pasteurization" means raw milk produced upon dairy farms conforming with all of the same items of sanitation contained in the PMO of grade A raw milk, and the bacterial plate count, as delivered from the farm, does not exceed eighty thousand per milliliter as determined in accordance with RCW 15.36.201.
"Grade C milk" is milk that violates any of the requirements for grade A milk but that is not deemed to be adulterated.
"Milk" means the lacteal secretion, practically free of colostrum, obtained by the complete milking of one or more healthy cows, goats, or other mammals.
"Milk hauler" means a person who transports milk or milk products in bulk to or from a milk processing plant, receiving station, or transfer station.
"Milk processing" means the handling, preparing, packaging, or processing of milk in any manner in preparation for sale as food, as defined in chapter 15.130 RCW. Milk processing does not include milking or producing milk on a dairy farm that is shipped to a milk processing plant for further processing.
"Milk processing plant" means a place, premises, or establishment where milk or milk products are collected, handled, processed, stored, bottled, pasteurized, aseptically processed, bottled, or prepared for distribution, except an establishment that merely receives the processed milk products and serves them or sells them at retail.
"Milk products" means the product of a milk manufacturing process.
"Misbranded milk" means milk or milk products that carries a grade label unless such grade label has been awarded by the director and not revoked, or that fails to conform in any other respect with the statements on the label.
"Official laboratory" means a biological, chemical, or physical laboratory that is under the direct supervision of the state or a local regulatory agency.
"Officially designated laboratory" means a commercial laboratory authorized to do official work by the department, or a milk industry laboratory officially designated by the department for the examination of grade A raw milk for pasteurization and commingled milk tank truck samples of raw milk for antibiotic residues and bacterial limits.
"PMO" means the grade "A" pasteurized milk ordinance published by the United States public health service, food and drug administration.
"Pasteurized" means the process of heating every particle of milk or milk product in properly designed and operated equipment to the temperature and time standards specified in the PMO.
"Person" means an individual, partnership, firm, corporation, company, trustee, or association.
"Producer" means a person or organization who operates a dairy farm and provides, sells, or offers milk for sale.
"Receiving station" means a place, premises, or establishment where raw milk is received, collected, handled, stored, or cooled and prepared for further transporting.
"Sale" means selling, offering for sale, holding for sale, preparing for sale, distributing, dispensing, delivering, supplying, trading, bartering, offering a gift as an inducement for sale of, and advertising for sale in any media.
"Transfer station" means any place, premises, or establishment where milk or milk products are transferred directly from one milk tank truck to another.
"Wash station" means a place, facility, or establishment where milk tanker trucks are cleaned in accordance with the standards of the PMO.
[ 2018 c 236 s 702; 2006 c 157 s 2; 1999 c 291 s 1; 1995 c 374 s 1; 1994 c 143 s 102; 1989 c 354 s 1; 1961 c 11 s 15.32.010. Prior: 1955 c 238 s 71; prior: (i) 1943 c 90 s 1, part; 1933 c 188 s 1, part; 1929 c 213 s 1, part; 1927 c 192 s 1, part; 1919 c 192 s 1, part; Rem. Supp. 1943 s 6164, part. (ii) 1929 c 213 s 6, part; 1927 c 192 s 16, part; 1921 c 104 s 3, part; 1919 c 192 s 41, part; RRS s 6203, part. Formerly RCW 15.32.010.]
Notes:
Findings—2006 c 157: "The legislature finds that chapter 15.36 RCW includes the regulation of raw milk and raw milk products including arrangements known as "cow shares" in which one or more individuals purchase one or more shares in a milk-producing animal in return for a portion of the milk that is produced. The legislature also finds that the agencies charged with protecting public health and safety need to have strong enforcement mechanisms and be able to respond rapidly, comprehensively, and effectively. It is not the intent of this act to prohibit either the sale of raw milk or cow share or similar arrangements by producers and processors who are properly licensed under chapter 15.36 RCW." [ 2006 c 157 s 1.]
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: "Sections 1 through 47, 50 through 53, and 59 through 68 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 30, 1995." [ 1995 c 374 s 81.]
Severability—1989 c 354: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 354 s 89.]

catchline: Definitions.


title: RCW 15.36.021

text:
The director of agriculture is authorized to:
(1) Adopt rules necessary to carry out the purposes of chapter 15.36 RCW, which includes rules governing the farm storage tank and bulk milk tanker requirements, however the rules may not restrict the display or promotion of products covered under this section.
(2) By rule, establish, amend, or both, definitions and standards for milk and milk products. Such definitions and standards established by the director shall conform, insofar as practicable, with the definitions and standards for milk and milk products adopted by the federal food and drug administration.
(3) By rule, adopt the PMO, DMO, and supplemental documents by reference to establish requirements for grade A pasteurized and grade A raw milk.
(4) Adopt rules establishing standards for grade A pasteurized and grade A raw milk that are more stringent than the PMO based upon current industry or public health information for the enforcement of this chapter whenever he or she determines that any such rules are necessary to carry out the purposes of this section and RCW 15.36.481.
(5) By rule, certify an officially designated laboratory to analyze milk for standard of quality, adulteration, contamination, and unwholesomeness.
(6) Adopt rules setting standards and requirements for the production of grade C milk and milk products.
[ 1999 c 291 s 2; 1996 c 188 s 3; 1994 c 143 s 103; 1989 c 354 s 13; 1969 ex.s. c 102 s 1. Formerly RCW 15.36.011.]
Notes:
Severability—1989 c 354: See note following RCW 15.36.012.
Repealed definitions constitute rules: "The definitions constituting section 15.36.010, chapter 11, Laws of 1961 and RCW 15.36.010 as hereinafter in section 7 of this 1969 amendatory act repealed are hereby constituted and declared to be operative and to remain in force as the rules of the department of agriculture until such time as amended, modified, or revoked by the director of agriculture." [ 1969 ex.s. c 102 s 2.]

catchline: Milk and milk products—Rule-making authority—Grade A pasteurized and raw milk—Grade C milk and milk products.


title: RCW 15.36.025

text:
Chapter 34.05 RCW governs the rights, remedies, and procedures respecting the administration of this chapter, including rule making, assessment of civil penalties, emergency actions, and license suspension, revocation, or denial.
[ 1999 c 291 s 3.]

catchline: Application of chapter 34.05 RCW.


title: RCW 15.36.041

text:
Every milk producer must obtain a milk producer's license to operate as a milk producer as defined in this chapter. A milk producer's license is not transferable with respect to persons or locations or both. The license, issued by the director upon approval of an application for the license and compliance with the provisions of this chapter, shall contain the license number, name, residence, and place of business, if any, of the licensee.
[ 1994 c 143 s 202.]

catchline: Milk producer's license.


title: RCW 15.36.051

text:
(1) A milk processing plant must obtain an annual milk processing plant license from the department, which shall expire on June 30th of each year. A milk processing plant may choose to process: (a) Grade A milk and milk products; or (b) other milk products that are not classified grade A.
(2) Only one license may be required to process milk; however, milk processing plants must obtain the necessary endorsements from the department in order to process products as defined for each type of milk or milk product processing. Application for a license shall be on a form prescribed by the director and accompanied by a two hundred fifty dollar annual license fee beginning July 1, 2015. The applicant shall include on the application the full name of the applicant for the license and the location of the milk processing plant he or she intends to operate and any other necessary information. Upon the approval of the application by the director and compliance with the provisions of this chapter, including the applicable rules adopted under this chapter by the department, the applicant shall be issued a license or a renewal of a license.
(3) Licenses shall be issued to cover only those products, processes, and operations specified in the license application and approved for licensing. If a license holder wishes to engage in processing a type of milk product that is different than the type specified on the application supporting the licensee's existing license and processing that type of food product would require a major addition to or modification of the licensee's processing facilities, the licensee shall submit an amendment to the current license application. In such a case, the licensee may engage in processing the new type of milk product only after the amendment has been approved by the department.
(4) A licensee under this section shall not be required to obtain a food processing plant license under chapter 69.07 RCW to process milk or milk products.
(5) The director shall waive the fee for a food processing license under chapter 69.07 RCW for persons who are also licensed as a milk processing plant.
[ 2015 3rd sp.s. c 27 s 2; 2005 c 414 s 1; 1999 c 291 s 4; 1994 c 143 s 203; 1991 c 109 s 2; 1961 c 11 s 15.32.110. Prior: (i) 1927 c 192 s 11; 1923 c 27 s 8; 1919 c 192 s 29; RRS s 6192. (ii) 1919 c 192 s 33; RRS s 6195. Formerly RCW 15.32.110.]
Notes:
Findings—Intent—2015 3rd sp.s. c 27: "(1) The legislature finds that section 309(4), chapter 4, Laws of 2013 2nd sp. sess. directed the department of agriculture to convene and facilitate a work group with appropriate stakeholders to review fees supporting programs within the department that are also supported with the state general fund.
(2) The legislature further finds that with the help of a consulting firm, the department of agriculture identified fees in the food safety and animal health programs that met the budget proviso criteria. The department then formed a work group with representatives from dairy, food processing, and other relevant professional associations.
(3) The legislature further finds that the work group's final report recommends fee increases for fees that do not completely cover the costs of services provided and that will make programs within the department of agriculture less reliant on the state general fund. Therefore, the legislature intends to implement the recommendations of the work group's report." [ 2015 3rd sp.s. c 27 s 1.]
Effective date—2005 c 414 ss 1 and 4: "Sections 1 and 4 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2005." [ 2005 c 414 s 5.]

catchline: Milk processing plant license—Fee waiver.


title: RCW 15.36.071

text:
A milk hauler must obtain a milk hauler's license to conduct the operation under this chapter. A milk hauler's license is not transferable with respect to persons or locations or both. The license, issued by the director upon approval of an application for the license and compliance with the provisions of this chapter, shall contain the license number, name, residence, and place of business, if any, of the licensee. A milk hauler's license shall also contain endorsements for individual milk transport vehicles. The license plate number and registration number for each milk transport vehicle shall be listed on the endorsement.
[ 1995 c 374 s 2; 1994 c 143 s 205.]
Notes:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.

catchline: Milk hauler's license—Endorsements.


title: RCW 15.36.081

text:
(1) A dairy technician must obtain a dairy technician's license to conduct operations under this chapter. Such license shall be limited to those functions which the licensee has been found qualified to perform. Before issuing the license the director shall assess the applicant's qualifications and may test the applicant for the functions for which application has been made.
(2) Application for a license as a dairy technician shall be made upon forms provided by the director, and shall be filed with the department. The director may issue a temporary license to the applicant for such period as may be prescribed and stated in the license, not to exceed sixty days, but the license may not be renewed to extend the period beyond sixty days.
(3) The initial application and renewal for a dairy technician's license must be accompanied by a license fee of twenty-five dollars beginning July 1, 2015. All dairy technicians' licenses shall expire on December 31st of odd-numbered years.
(4) The initial application for any endorsement beyond a dairy technician's license must be accompanied by an endorsement fee of twenty-five dollars beginning July 1, 2015.
[ 2015 3rd sp.s. c 27 s 3; 1999 c 291 s 5; 1994 c 143 s 206; 1963 c 58 s 6; 1961 c 11 s 15.32.580. Prior: 1943 c 90 s 4; 1927 c 192 s 8; 1923 c 27 s 7; 1919 c 192 s 26; Rem. Supp. 1943 s 6189. Formerly RCW 15.32.580.]
Notes:
Findings—Intent—2015 3rd sp.s. c 27: See note following RCW 15.36.051.


title: RCW 15.36.091

text:
Licensed dairy technicians shall personally take all samples, conduct all tests, and determine all weights and grades of milk and milk products bought, sold, or delivered upon the basis of weight or grade or on the basis of the milk fat, nonfat milk solids, or other components contained therein. Each licensee shall keep a copy of every original report of each test, weight, or grade made by him or her for a period of two months after making the report. No unfair, fraudulent, or manipulated sample shall be taken or delivered for analysis.
[ 1994 c 143 s 207; 1963 c 58 s 9; 1961 c 11 s 15.32.590. Prior: 1927 c 192 s 7, part; 1923 c 27 s 6, part; 1919 c 192 s 25, part; RRS s 6188, part. Formerly RCW 15.32.590.]

catchline: Dairy technician's license—Records—Inspection of.


title: RCW 15.36.101

text:
A wash station operator must obtain a milk wash station license to conduct the operation under this chapter for all wash stations separate from a milk processing plant. A milk wash station license is not transferable with respect to persons or locations or both. The license, issued by the director upon approval of an application for such license and compliance with the provisions of this chapter, shall contain the license number, name, residence, and place of business, if any, of the licensee.
[ 1994 c 143 s 208.]

catchline: Milk wash station license.


title: RCW 15.36.111

text:
(1) The director shall inspect all dairy farms and all milk processing plants prior to issuance of a license under this chapter and at a frequency determined by the director by rule: PROVIDED, That the director may accept the results of periodic industry inspections of producer dairies if such inspections have been officially checked periodically and found satisfactory. In case the director discovers the violation of any item of grade requirement, he or she shall make a second inspection after a lapse of such time as he or she deems necessary for the defect to be remedied, but not before the lapse of three days, and the second inspection shall be used in determining compliance with the grade requirements of this chapter. Whenever there is any violation of the same requirement of this chapter on the second inspection, the director may initiate proceedings to degrade, suspend the license, or assess a civil penalty.
(2) One copy of the inspection report detailing the grade requirement violations shall be posted by the director in a conspicuous place upon an inside wall of the milk tank room or a mutually agreed upon location on a dairy farm or given to an operator of the milk processing plant, and said inspection report shall not be defaced or removed by any person except the director. Another copy of the inspection report shall be filed with the records of the director.
(3) Every milk producer and milk processing plant shall permit the director access to all parts of the establishment during the working hours of the producer or milk processing plant, which shall at a minimum include the hours from 8 a.m. to 5 p.m., and every milk processing plant shall furnish the director, upon his or her request, for official use only, samples of any milk product for laboratory analysis, and a true statement of the actual quantities of milk and milk products of each grade purchased and sold.
(4) The director shall have access to all parts of a dairy farm or facility that is not licensed as a milk producer or milk processing plant if the director has information that the dairy farm or facility is engaged in activities that require a license under this chapter. The director shall have access during the working hours of the dairy farm or facility, which shall at a minimum include the hours from 8 a.m. to 5 p.m. The director shall have the authority to take samples of milk or any milk products and water and environmental samples for laboratory analysis. For all establishments subject to this subsection and subsection (3) of this section, the director shall have access to records including, but not limited to, customer lists, milk production records, temperature records, and records of inspections and tests.
(5) If the director is denied access to a dairy farm or milk processing plant, the director may apply to a court of competent jurisdiction for a search warrant authorizing access to the property and facilities for purposes of conducting tests and inspections, taking samples, and examining records. To show that access is denied, the director shall file with the court an affidavit or declaration containing a description of his or her attempts to notify and locate the owner or the owner's agent and to secure consent. Upon application, the court may issue a search warrant for the purposes requested.
[ 2006 c 157 s 3; 1999 c 291 s 6; 1996 c 189 s 1; 1994 c 143 s 209; 1961 c 11 s 15.36.100. Prior: 1949 c 168 s 5; Rem. Supp. 1949 s 6266-34. Formerly RCW 15.36.100.]
Notes:
Findings—2006 c 157: See note following RCW 15.36.012.
Effective date—1996 c 189: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 28, 1996]." [ 1996 c 189 s 3.]

catchline: Inspection of dairy farms and milk processing plants—Violations—Director's access.


title: RCW 15.36.131

text:
Grade A milk and milk products from outside the state may not be sold in the state of Washington unless produced and/or pasteurized under provisions equivalent to the requirements of this chapter and the PMO: PROVIDED, That the director shall satisfy himself or herself that the authority having jurisdiction over the production and processing is properly enforcing such provisions.
[ 1994 c 143 s 211; 1961 c 11 s 15.36.500. Prior: 1949 c 168 s 11; Rem. Supp. 1949 s 6266-39. Formerly RCW 15.36.500.]

catchline: Sale of out-of-state grade A milk and milk products.


title: RCW 15.36.141

text:
Grades of milk and milk products as defined in this chapter shall be based on the respectively applicable standards contained in this chapter, with the grading of milk products being identical with the grading of milk, except that bacterial standards are omitted in the case of cultured milk products. Vitamin D milk shall be only of grade A, certified pasteurized, or certified raw quality. The grade of a milk product shall be that of the lowest grade milk or milk product used in its preparation.
[ 1994 c 143 s 510; 1984 c 226 s 3; 1981 c 297 s 2; 1961 c 11 s 15.36.120. Prior: 1955 c 238 s 12; prior: 1949 c 168 s 7, part; Rem. Supp. 1949 s 6266-36, part. Formerly RCW 15.36.120.]
Notes:
Severability—1981 c 297: See note following RCW 15.36.201.

catchline: Grading of milk and milk products.


title: RCW 15.36.151

text:
It is unlawful to sell, offer for sale, or deliver:
(1) Milk or products produced from milk from cows, goats, or other mammals affected with disease or of which the owner thereof has refused official examination and tests for disease; or
(2) Colostrum milk for consumption by humans, except that this prohibition regarding colostrum milk does not apply to:
(a) Colostrum milk made or to be made available to persons having multiple sclerosis, or other persons acting on their behalf, who, at the time of the initial sale, present a form, signed by a licensed physician, certifying that the intended user has multiple sclerosis and that the user releases the provider of the milk from liability resulting from the consumption of the milk; or
(b) Colostrum milk processed or to be processed by a licensed food processing facility or a milk processing plant as a nutritional supplement in accordance with the federal dietary supplement health and education act. Colostrum milk used for this purpose must be pasteurized or otherwise subjected to a heat process or other treatment sufficient to kill harmful organisms.
Colostrum milk described in subsection (2)(a) or (b) of this section is exempt from the prohibition provided by subsection (2) of this section if it comes from a licensed producer. Such colostrum milk is also exempt from meeting the standards for grade A raw milk required by this chapter.
[ 2000 c 97 s 1; 1999 c 291 s 7; 1994 c 143 s 303; 1981 c 321 s 1; 1961 c 11 s 15.32.160. Prior: 1929 c 213 s 9; 1919 c 192 s 49; RRS s 6211. Formerly RCW 15.32.160.]

catchline: Unlawful to sell, offer for sale, or deliver certain products—Diseased animals—Colostrum—Exceptions.


title: RCW 15.36.161

text:
(1) All milking cows, goats, and other mammals must meet the animal health requirements established by the state veterinarian under the authority of chapter 16.36 RCW.
(2) Milk or milk products from cows, goats, and other mammals intended for consumption in the raw state must be from a herd which is tested negative within the previous twelve months for brucellosis, tuberculosis, and any other disease the director may designate by rule. Additions to the herd must be tested negative for the diseases within the previous thirty days before introduction into the herd. The state veterinarian shall direct all testing procedures in accordance with state and national standards for animal disease eradication.
(3) Cows, goats, and other mammals showing chronic mastitis, whether producing abnormal milk or not, shall be permanently excluded from the milking herd. Cows, goats, and other mammals producing bloody, stringy, or otherwise abnormal milk, but with only slight inflammation of the udder shall be excluded from the herd until reexamination shows that the milk has become normal.
[ 1999 c 291 s 8; 1982 c 131 s 2; 1961 c 11 s 15.36.150. Prior: 1955 c 238 s 15; prior: 1949 c 168 s 7, part; Rem. Supp. 1949 s 6266-36, part. Formerly RCW 15.36.150.]

catchline: Cows, goats, and other mammals—Animal health requirements.