title: RCW 16.57.450

text:
(1)(a) The director may establish an electronic cattle transaction reporting system as a mechanism for reporting transactions involving cattle to the department. The system may be used as an alternative to mandatory inspections under RCW 16.57.160. The system may be used to report the inspection of animals that are being moved out-of-state.
(b) A cattle transaction described in (a) of this subsection, that would otherwise trigger a mandatory inspection under rules adopted pursuant to RCW 16.57.160, is eligible to report electronically under this section.
(c) Transactions that may be reported electronically include any sale, trade, gift, barter, or any other transaction that constitutes a change of ownership of cattle.
(2) A person may not electronically report change of ownership transactions involving cattle under this section without first obtaining an electronic cattle transaction reporting license from the director. Applicants for an electronic cattle transaction reporting license must submit an application to the department on a form provided by the department and must include an application fee. The amount of the application fee must be established by the director by rule consistent with subsection (8) of this section.
(3) All holders of an electronic cattle transaction reporting license must transmit to the department a record of each transaction containing the unique identification of each individual animal included in the transaction as assigned through a department-authorized identification method. The transmission required under this subsection must be completed no more than twenty-four hours after a qualifying transaction involving cattle.
(4) All holders of an electronic cattle transaction reporting license must keep accurate records of all transactions involving cattle and make those records available for inspection by the department upon reasonable request during normal business hours. All records of the licensed property must be retained for at least three years.
(5)(a) The director may enter the property of the holder of an electronic cattle transaction reporting license at any reasonable time to conduct examinations and inspections of cattle and any associated records for movement verification purposes. For purposes of this section, "any reasonable time" means during regular business hours or during any working shift.
(b) It is unlawful for any person to interfere with an examination and inspection of cattle and records performed under this subsection.
(c) If the director is denied access to a property or cattle for the purposes of this subsection, or a person fails to comply with an order of the director, the director may apply to a court of competent jurisdiction for a search warrant. To show that access is denied, the director must file with the court an affidavit or declaration containing a description of all attempts to notify and locate the owner or owner's agent and secure consent.
(6)(a) The director may deny, suspend, or revoke an electronic cattle transaction reporting license issued under this section if the director finds that an electronic cattle transaction reporting license holder:
(i) Fails to satisfy the reporting requirements as provided in this section;
(ii) Knowingly makes false or inaccurate statements;
(iii) Has previously had an electronic cattle transaction reporting license revoked;
(iv) Denies entry to property, cattle, or records as provided in subsection (5) of this section; or
(v) Violates any other provision of this chapter or any rules adopted under this chapter.
(b) Any action taken under this subsection must be consistent with the provisions of chapter 34.05 RCW, the administrative procedure act.
(c) If an electronic cattle transaction reporting license is denied, suspended, or revoked, then the mandatory cattle inspection requirements under RCW 16.57.160 apply to any future transactions.
(7) The department must submit an annual report to the legislature, consistent with RCW 43.01.036, that documents all examinations and inspections of cattle and records of electronic cattle transaction reporting license holders performed by the department either since the department's last report or since the adoption of the electronic cattle transaction reporting system. The annual report must also include details regarding any actions the department took following the examinations and inspections. All reports required under this section must be submitted by July 31st of each year.
(8)(a) The director may adopt rules:
(i) Designating the conditions of licensure under this section and the use of the electronic cattle transaction reporting system authorized by this section;
(ii) Establishing an initial application fee and a license renewal fee applicable to the electronic cattle transaction reporting license; and
(iii) Establishing any fees that must be paid by the holder of an electronic cattle transaction reporting license for reporting cattle transactions through the electronic cattle transaction reporting system.
(b) All fees established under this section must, as closely as practicable, cover the cost of the development, maintenance, fee collection, and audit and administrative oversight of the electronic cattle transaction reporting system.
[ 2019 c 92 s 6; 2015 c 197 s 1.]

catchline: Electronic cattle transaction reporting system—License—Fee—Report to the legislature—Adoption of rules.


doc_type: statute

jurisdiction: wa

title: RCW 16.57.460

text:
(1) The department shall submit a livestock inspection program report pursuant to RCW 43.01.036 by November 1, 2023, and annually thereafter, to the appropriate committees of the legislature having oversight over agriculture and fiscal matters. The report must also be submitted to the livestock identification advisory committee created in RCW 16.57.015. The report must include amounts collected, a report on program expenditures, and any recommendations for making the program more efficient, improving the program, or modifying livestock inspection fees to cover the costs of the program. The report must also address the financial status of the program, including whether there is a need to review fees so that the program continues to be supported by fees.
(2) This section expires July 1, 2030.
[ 2025 c 287 s 1; 2023 c 46 s 4; 2022 c 158 s 2; 2019 c 92 s 13.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Livestock inspection program report. (Expires July 1, 2030.)

code: rcw

unit: section

court: Washington State Legislature


title: RCW 16.57.902

text:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003, except for sections 4 and 10 of this act which take effect January 1, 2004.
[ 2003 c 326 s 93.]

catchline: Effective dates—2003 c 326.


title: RCW 16.58.010

text:
The purpose of this chapter is to expedite the movement of cattle from producers to the point of slaughter without losing the ownership identity of such cattle, and further to provide for fair and economical methods of identification of cattle in such commercial feed lots.
[ 1979 c 81 s 1; 1971 ex.s. c 181 s 1.]

catchline: Purpose.


title: RCW 16.58.020

text:
For the purpose of this chapter:
(1) "Certified feed lot" means any place, establishment, or facility commonly known as a commercial feed lot, cattle feed lot, or the like, which complies with all of the requirements of this chapter, and any rules adopted under this chapter and which holds a valid license from the director.
(2) "Department" means the department of agriculture of the state of Washington.
(3) "Director" means the director of the department or his or her duly authorized representative.
(4) "Licensee" means any persons licensed under the provisions of this chapter.
(5) "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 the plural as the case may be.
(6) "Livestock inspection" or "inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides including the examination of documents providing evidence of ownership.
(7) "Change of ownership" means the transfer of ownership from one person to another by the sale of livestock. It does not mean: A change in partners within a partnership; a change in members within an association or a society; or the sale of stock within a corporation, company, or association.
(8) "Direct to slaughter" means the delivery of livestock to a slaughter plant within ten days of the sale of the cattle to the slaughter plant.
[ 2003 c 326 s 46; 1971 ex.s. c 181 s 2.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Definitions.


title: RCW 16.58.030

text:
The director may adopt those rules as are necessary to carry out the purpose of this chapter. No person shall interfere with the director when he or she is performing or carrying out any duties imposed upon the director by this chapter or rules adopted under this chapter.
[ 2003 c 326 s 47; 1971 ex.s. c 181 s 3.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Rules—Interference with director proscribed.


title: RCW 16.58.040

text:
Any person desiring to engage in the business of operating one or more certified feed lots shall obtain an annual license from the director for that purpose. The application for a license shall be on a form prescribed by the director and shall include the following:
(1) The number of certified feed lots the applicant intends to operate and their exact location and mailing address;
(2) The legal description of the land on which the certified feed lot will be situated;
(3) A complete description of the facilities used for feeding and handling of cattle at each certified feed lot;
(4) The estimated number of cattle which can be handled for feeding purposes at each certified feed lot; and
(5) Any other information necessary to carry out the purpose and provisions of this chapter and rules adopted under this chapter.
[ 2003 c 326 s 48; 1971 ex.s. c 181 s 4.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Certified feed lot license—Required—Application, contents.


title: RCW 16.58.050

text:
(1) The application for an annual license to engage in the business of operating one or more certified feed lots shall be accompanied by a license fee of nine hundred thirty-five dollars.
(2) Upon approval of the application by the director and compliance with the provisions of this chapter and rules adopted under this chapter, the applicant shall be issued a license or license renewal. The director shall conduct an inspection of all cattle and their corresponding ownership documents prior to issuing an original license. The inspection fee is the higher of the current inspection fee per head of cattle or time and mileage as set forth in RCW 16.57.220.
[ 2019 c 92 s 7; 2003 c 326 s 49; 1997 c 356 s 5; 1997 c 356 s 4; 1994 c 46 s 23; 1994 c 46 s 14; 1993 c 354 s 3; 1979 c 81 s 2; 1971 ex.s. c 181 s 5.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.
Effective dates—1997 c 356: See note following RCW 16.57.220.
Effective date—1994 c 46 ss 21-25: See note following RCW 16.65.090.
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW 16.65.030.

catchline: Certified feed lot license—Fee—Issuance or renewal—Inspection prior to issuance of original license.


title: RCW 16.58.060

text:
Certified feed lot licenses expire on June 30th following the date of issuance. If a person fails, refuses, or neglects to apply for renewal of a license by June 30th, the person's license shall expire. To reinstate a license, the person shall be assessed a late fee of twenty-five dollars which shall be added to the regular license fee and shall be paid before the director may issue a license to the applicant.
[ 2003 c 326 s 50; 1991 c 109 s 10; 1971 ex.s. c 181 s 6.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Certified feed lot license—Expiration—Late renewal.


title: RCW 16.58.070

text:
The director is authorized to deny, suspend, or revoke a license in accordance with the provisions of chapter 34.05 RCW if he or she finds that there has been a failure to comply with any requirement of this chapter or rules adopted under this chapter. Hearings for the revocation, suspension, or denial of a license shall be subject to the provisions of chapter 34.05 RCW.
[ 2003 c 326 s 51; 1989 c 175 s 54; 1971 ex.s. c 181 s 7.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Certified feed lot license—Denial, suspension, or revocation—Hearings.


title: RCW 16.58.080

text:
Every certified feed lot shall be equipped with a facility or a livestock pen, approved by the director as to location and construction within the feed lot so that necessary livestock inspection can be carried on in a proper, expeditious and safe manner. Each licensee shall furnish the director with sufficient help necessary to carry out inspections in the manner set forth above.
[ 2003 c 326 s 52; 1971 ex.s. c 181 s 8.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Livestock inspection—Facilities required—Help to be furnished.


title: RCW 16.58.095

text:
All cattle entering or reentering a certified feed lot must be inspected upon entry, unless they are accompanied by an inspection certificate issued by the director, or any other agency authorized in any state or Canadian province by law to issue a certificate. Licensees shall report a discrepancy between cattle entering or reentering a certified feed lot and the inspection certificate accompanying the cattle to the nearest inspector immediately. A discrepancy may require an inspection of all the cattle entering or reentering the lot, except as may otherwise be provided by rule.
[ 2003 c 326 s 53; 1991 c 109 s 11; 1979 c 81 s 6.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Inspection required for cattle not having inspection certificate.


title: RCW 16.58.100

text:
(1) The director shall conduct audits of the cattle received, fed, handled, and shipped by the licensee at each certified feed lot. These audits shall be for the purpose of determining if the cattle correlate with the inspection certificates issued in their behalf and that the certificate of assurance furnished the director by the licensee correlates with his or her assurance that inspected cattle were not commingled with uninspected cattle.
(2) The department shall conduct an audit to determine compliance with RCW 16.36.150 at the time of conducting audits under subsection (1) of this section.
[ 2011 c 204 s 4; 2003 c 326 s 54; 1979 c 81 s 3; 1971 ex.s. c 181 s 10.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Audits—Purpose.


title: RCW 16.58.110

text:
All certified feed lots shall furnish the director with records as requested by the director on a monthly basis on all cattle entering or on feed in the certified feed lots and dispersed therefrom. These records must include a copy of each inspection certificate received and an itemized listing of all cattle entering and leaving the feed lot. All requested records shall be subject to examination by the director for the purpose of maintaining the integrity of the identity of all the cattle. The director may make the examinations only during regular business hours or any working shift except in an emergency to protect the interest of the owners of the cattle.
[ 2003 c 326 s 55; 1991 c 109 s 12; 1971 ex.s. c 181 s 11.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Records—Contents—Examination.


title: RCW 16.58.120

text:
The licensee shall maintain sufficient records as required by the director at each certified feed lot, if said licensee operates more than one certified feed lot.
[ 1991 c 109 s 13; 1971 ex.s. c 181 s 12.]

catchline: Records required at each certified feed lot.


title: RCW 16.58.130

text:
Each licensee shall pay to the director a fee of 28 cents for each head of cattle handled through the licensee's feed lot. The licensee must pay a call out fee of $20 to the department for each day and for each livestock inspector who performs inspections at each certified feed lot. Payment of the fees shall be made by the licensee on a monthly basis. Failure to pay as required shall be grounds for suspension or revocation of a certified feed lot license. The director shall not renew a certified feed lot license if a licensee has failed to make prompt and timely payments. No call out fee is charged for an inspection done by a certified veterinarian or field livestock inspector.
[ 2023 c 46 s 5; 2019 c 92 s 8; 2006 c 156 s 2; 2003 c 326 s 56; 1997 c 356 s 7; 1997 c 356 s 6; 1994 c 46 s 24; 1994 c 46 s 15; 1993 c 354 s 4; 1991 c 109 s 14; 1979 c 81 s 4; 1971 ex.s. c 181 s 13.]
Notes:
Expiration date—2025 c 287; 2023 c 46 ss 1, 3, 5, and 6: See note following RCW 16.57.015.
Expiration date—2025 c 287; 2023 c 46; 2022 c 158; 2019 c 92 ss 1, 5, 8, and 11: See note following RCW 16.57.015.
Effective date—2006 c 156: See note following RCW 16.57.220.
Effective dates—2003 c 326: See RCW 16.57.902.
Effective dates—1997 c 356: See note following RCW 16.57.220.
Effective date—1994 c 46 ss 21-25: See note following RCW 16.65.090.
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW 16.65.030.
PDF
RCW 16.58.130
Feed lots—Fee for each head of cattle handled—Failure to pay. (Effective July 1, 2030.)
Each licensee shall pay to the director a fee of twenty-five cents for each head of cattle handled through the licensee's feed lot. Payment of the fee shall be made by the licensee on a monthly basis. Failure to pay as required shall be grounds for suspension or revocation of a certified feed lot license. The director shall not renew a certified feed lot license if a licensee has failed to make prompt and timely payments.
[ 2006 c 156 s 2; 2003 c 326 s 56; 1997 c 356 s 7; 1997 c 356 s 6; 1994 c 46 s 24; 1994 c 46 s 15; 1993 c 354 s 4; 1991 c 109 s 14; 1979 c 81 s 4; 1971 ex.s. c 181 s 13.]
Notes:
Effective date—2006 c 156: See note following RCW 16.57.220.
Effective dates—2003 c 326: See RCW 16.57.902.
Effective dates—1997 c 356: See note following RCW 16.57.220.
Effective date—1994 c 46 ss 21-25: See note following RCW 16.65.090.
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW 16.65.030.

catchline: Feed lots—Fee for each head of cattle handled—Failure to pay. (Effective until July 1, 2030.)


title: RCW 16.58.140

text:
All fees provided for in this chapter shall be deposited in an account in the agricultural local fund and used for enforcing and carrying out the purpose and provisions of this chapter or chapter 16.57 RCW.
[ 2003 c 326 s 57; 1979 c 81 s 5; 1971 ex.s. c 181 s 14.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Disposition of fees.


title: RCW 16.58.150

text:
No inspection shall be required when cattle are moved or transferred from one certified feed lot to another when they are accompanied by satisfactory proof of ownership and there is no change of ownership or from a certified feed lot to a point within this state, or out of state where this state maintains inspection, for the purpose of immediate slaughter. Any change of ownership within a certified feed lot requires a livestock inspection unless the cattle are sent direct to slaughter. An inspection fee as provided for in RCW 16.57.220 is payable to the director by the seller of the cattle or through the licensee as an agent. Upon notice by the director to suspend a license under this section, a person may request a hearing under chapter 34.05 RCW.
[ 2003 c 326 s 58; 1971 ex.s. c 181 s 15.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Situations when no inspection required—Fee—Suspension of license—Hearing.


title: RCW 16.58.160

text:
The director may, when a certified feed lot's conditions become such that the integrity of reports or records of the cattle in that feed lot becomes doubtful, immediately suspend the certified feed lot's license until such time as the director can conduct an investigation to verify the condition of reports or records.
Upon notice by the director to suspend a license under this section, a person may request a hearing under chapter 34.05 RCW.
[ 2003 c 326 s 59; 1991 c 109 s 15; 1971 ex.s. c 181 s 16.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Suspension of license awaiting investigation—Hearing.


title: RCW 16.58.170

text:
(1) Except as provided in subsection (2) of this section, any person who violates the provisions of this chapter or any rule adopted under this chapter 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 326 s 60; 2003 c 53 s 115; 1971 ex.s. c 181 s 17.]
Notes:
Reviser's note: This section was amended by 2003 c 53 s 115 and by 2003 c 326 s 60, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective dates—2003 c 326: See RCW 16.57.902.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: General penalties—Subsequent offenses.


title: RCW 16.58.900

text:
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1971 ex.s. c 181 s 18.]

catchline: Chapter as cumulative and nonexclusive.


title: RCW 16.60.010

text:
A lawful fence shall be of at least four barbed, horizontal, well-stretched wires, spaced so that the top wire is forty-eight inches, plus or minus four inches, above the ground and the other wires at intervals below the top wire of twelve, twenty-two, and thirty-two inches. These wires shall be securely fastened to substantial posts set firmly in the ground as nearly equidistant as possible, but not more than twenty-four feet apart. If the posts are set more than sixteen feet apart, the wires shall be supported by stays placed no more than eight feet from each other or from the posts.
[ 1985 c 415 s 22; Code 1881 s 2488; 1873 p 447 s 1; 1871 p 63 s 1; 1869 p 323 s 1; RRS s 5441. FORMER PART OF SECTION: Code 1881 s 2489; 1873 p 447 s 2; 1871 p 64 s 2; 1869 p 324 s 2; RRS s 5442, now codified as RCW 16.60.011.]

catchline: Lawful fence defined.


title: RCW 16.60.011

text:
All other fences as strong and as well calculated as the fence described in RCW 16.60.010 shall be lawful fences.
[ 1985 c 415 s 23; Code 1881 s 2489; 1873 p 447 s 2; 1871 p 64 s 2; 1869 p 324 s 2; RRS s 5442. Formerly RCW 16.60.010, part.]

catchline: Other lawful fences.


title: RCW 16.60.015

text:
Any person making and maintaining in good repair around his or her enclosure or enclosures, any fence such as is described in RCW 16.60.010 and 16.60.011, may recover in a suit for trespass before the nearest court having competent jurisdiction, from the owner or owners of any animal or animals which shall break through such fence, in full for all damages sustained on account of such trespass, together with the costs of suits; and the animal or animals, so trespassing, may be taken and held as security for the payment of such damages and costs: PROVIDED, That such person shall provide notice as required under RCW 16.04.020 and 16.04.025: PROVIDED FURTHER, That such person shall have such fences examined and the damages assessed by three reliable, disinterested parties and practical farmers, within five days next after the trespass has been committed: AND, PROVIDED FURTHER, That if, before trial, the owner of such trespassing animal or animals, shall have tendered the person injured any costs which may have accrued, and also the amount in lieu of damages which shall equal or exceed the amount of damages afterwards awarded by the court or jury, and the person injured shall refuse the same and cause the trial to proceed, such person shall pay all costs and receive only the damages awarded.
[ 1985 c 415 s 26; Code 1881 s 2490; 1873 p 447 s 3; 1871 p 64 s 3; 1869 p 324 s 3; RRS s 5443.]
Notes:
Trespassing animals—Restraint—Damages and costs: RCW 16.04.010.

catchline: Liability for damages—Restraint—Notice.


title: RCW 16.60.020

text:
When any fence has been, or shall hereafter be, erected by any person on the boundary line of his or her land and the person owning land adjoining thereto shall make, or cause to be made, an inclosure [enclosure], so that such fence may also answer the purpose of inclosing [enclosing] his or her ground, he or she shall pay the owner of such fence already erected one-half of the value of so much thereof as serves for a partition fence between them: PROVIDED, That in case such fence has woven wire or other material known as hog fencing, then the adjoining owner shall not be required to pay the extra cost of such hog fencing over and above the cost of erecting a lawful fence, as by law defined, unless such adjoining owner has his or her land fenced with hog fencing and uses the partition fence to make a hog enclosure of his or her land, then he or she shall pay to the one who owns said hog fence one-half of the value thereof.
[ 2011 c 336 s 426; 1907 c 13 s 1; Code 1881 s 2491; 1873 p 448 s 4; 1871 p 65 s 4; 1869 p 324 s 4; RRS s 5444.]
Notes:
Hog fencing: RCW 16.60.050.

catchline: Partition fence—Reimbursement.


title: RCW 16.60.030

text:
When two or more persons own land adjoining which is inclosed [enclosed] by one fence, and it becomes necessary for the protection of the interest of one party said partition fence should be made between them, the other or others, when notified thereof, shall erect or cause to be erected one-half of such partition fence, said fence to be erected on, or as near as practicable, the line of said land.
[Code 1881 s 2492; 1873 p 448 s 5; 1871 p 65 s 5; 1869 p 325 s 5; RRS s 5445.]

catchline: Partition fence—Erection—Notice.


title: RCW 16.60.040

text:
If, after notice has been given by either party and a reasonable length of time has elapsed, the other party neglect or refuse to erect or cause to be erected, the one-half of such fence, the party giving notice may proceed to erect or cause to be erected the entire partition fence, and collect by law one-half of the cost thereof from the other party.
[Code 1881 s 2493; 1873 p 448 s 6; 1871 p 65 s 6; 1869 p 325 s 6; RRS s 5446.]

catchline: Partition fence—Failure to build—Recovery of half of cost.


title: RCW 16.60.050

text:
The respective owners of adjoining inclosures [enclosures] shall keep up and maintain in good repair all partition fences between such inclosures [enclosures] in equal shares, so long as they shall continue to occupy or improve the same; and in case either of the parties shall desire to make such fence capable of turning hogs and the other party does not desire to use it for such purpose, then the party desiring to use it shall have the right to attach hog-fencing material to the posts of such fence, which hog fencing shall remain the property of the party who put it up, and he or she may remove it at any time he or she desires: PROVIDED, That he or she leaves the fence in as good condition as it was when the hog fencing was by him or her attached, the natural decay of the posts excepted. The attaching of such hog fencing shall not relieve the other party from the duty of keeping in repair his or her part of such fence, as to all materials used in said fence additional to said hog fencing.
[ 2011 c 336 s 427; 1907 c 13 s 2; Code 1881 s 2494; 1873 p 449 s 7; 1871 p 65 s 7; 1869 p 325 s 7; RRS s 5447.]
Notes:
Reimbursement—Hog fencing: RCW 16.60.020.

catchline: Partition fence—Hog fencing.


title: RCW 16.60.055

text:
When any person shall unwittingly or by mistake, erect any fence on the land of another, and when by a line legally determined that fact shall be ascertained, such person may enter upon the premises and remove such fence at any time within three months after such line has been run as aforesaid: PROVIDED, That when the fence to be removed forms any part of a fence enclosing a field of the other party having a crop thereon, such first person shall not remove such fence until such crop might, with reasonable diligence, have been gathered and secured, although more than three months may have elapsed since such division line was run.
[Code 1881 s 2495; 1873 p 449 s 8; 1871 p 65 s 8; 1869 p 325 s 8; RRS s 5448. Formerly RCW 16.60.070.]

catchline: Fence on the land of another by mistake—Removal.


title: RCW 16.60.060

text:
When any party shall wish to lay open his or her inclosure [enclosure], he or she shall notify any person owning adjoining inclosures [enclosures], and if such person shall not pay to the party giving notice one-half the value of any partition fence between such enclosures, within three months after receiving such notice, the party giving notice may proceed to remove one-half of such fence, as provided in RCW 16.60.055.
[ 2011 c 336 s 428; Code 1881 s 2496; 1873 p 449 s 9; 1871 p 65 s 9; 1869 p 325 s 9; RRS s 5449.]

catchline: Partition fence—Discontinuance.


title: RCW 16.60.062

text:
In assessing the value of any partition fence, the parties shall proceed as provided for the assessment of damages in RCW 16.60.020.
[Code 1881 s 2497; 1873 p 449 s 10; 1871 p 66 s 10; 1869 p 326 s 10; RRS s 5450.]

catchline: Assessing value of partition fence.


title: RCW 16.60.064

text:
Upon the trial of any cause occurring under the provisions of RCW 16.60.010 through 16.60.076, the defendant may impeach any such assessment, and in that case the court or the jury shall determine the damages.
[Code 1881 s 2498; 1873 p 449 s 11; 1871 p 66 s 11; 1869 p 326 s 11; RRS s 5451.]

catchline: Impeachment of assessment—Damages.


title: RCW 16.60.075

text:
The owner of any animal that is unruly, and in the habit of breaking through or throwing down fences, if after being notified that such animal is unruly and in the habit of breaking through or throwing down fences as aforesaid, he or she shall allow such animal to run at large, shall be liable for all damages caused by such animal, and any and all other animals, that may be in company with such animal.
[ 2011 c 336 s 429; Code 1881 s 2499; 1873 p 449 s 12; 1871 p 66 s 12; 1869 p 326 s 12; RRS s 5452. Formerly RCW 16.04.090, part. FORMER PART OF SECTION: Code 1881 s 2500; 1873 p 450 s 13; 1871 p 66 s 13; RRS s 5453, now codified as RCW 16.60.076.]

catchline: Damages by breachy animals.


title: RCW 16.60.076

text:
In case of actions for damages under RCW 16.60.010 through 16.60.076, it shall be sufficient to prove that the fence was lawful when the break was made.
[Code 1881 s 2500; 1873 p 450 s 13; 1871 p 66 s 13; RRS s 5453. Formerly RCW 16.04.090, part.]

catchline: Proof.


title: RCW 16.60.080

text:
Whenever any inhabitant of this state shall have his or her fences removed by floods or destroyed by fire, the county commissioners of the county in which he or she resides shall have power to grant a license or permit for him or her to put a convenient gate or gates across any highway for a limited period of time, to be named in their order, in order to secure him or her from depredations upon his or her crops until he or she can repair his or her fences, and they shall grant such license or permit for no longer period than they may think absolutely necessary.
[ 2011 c 336 s 430; Code 1881, Bagley's Supp., p 25 s 1; 1871 p 103 s 1; RRS s 5459. FORMER PART OF SECTION: Code 1881, Bagley's Supp., p 25 s 2; 1871 p 104 s 2; RRS s 5460, now codified as RCW 16.60.085.]

catchline: Temporary gate across highway.


title: RCW 16.60.085

text:
It shall be lawful for the auditor of any county to grant such permit in vacation, but his or her license shall not extend past the next meeting of the commissioner's court.
[ 2011 c 336 s 431; Code 1881, Bagley's Supp., p 25 s 2; 1871 p 104 s 2; RRS s 5460. Formerly RCW 16.60.080, part.]

catchline: Temporary gate across highway—Auditor may grant permit.


title: RCW 16.60.090

text:
Any person retaining a gate across the highway after his or her license shall expire, shall be subject to a fine of one dollar for the first day and fifty cents for each subsequent day he or she shall retain the same, and it may be removed by the road supervisor, as an obstruction, at the cost of the person placing or keeping it upon the highway.
[ 2011 c 336 s 432; Code 1881, Bagley's Supp., p 25 s 3; 1871 p 104 s 3; RRS s 5461.]

catchline: Failure to remove gate—Penalty.


title: RCW 16.60.095

text:
The fees of the auditor under RCW 16.60.080 through 16.60.095 shall be paid by the applicant.
[Code 1881, Bagley's Supp., p 25 s 4; 1871 p 104 s 4.]

catchline: Fees.


title: RCW 16.65.005

text:
The purpose of this chapter is to ensure the orderly marketing of livestock, to ensure the financial stability of public livestock markets, and to protect persons who consign livestock to markets and sales.
[ 2003 c 326 s 61.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Purpose.


title: RCW 16.65.010

text:
For the purposes of this chapter:
(1) The term "public livestock market" means any place, establishment or facility commonly known as a "public livestock market", "livestock auction market", "livestock sales ring", yards selling on commission, or the like, conducted or operated for compensation or profit as a public livestock market, consisting of pens or other enclosures, and their appurtenances in which livestock is received, held, sold, kept for sale or shipment. The term does not include the operation of a person licensed under this chapter to operate a special open consignment horse sale.
(2) "Department" means the department of agriculture of the state of Washington.
(3) "Director" means the director of the department or his or her duly authorized representative.
(4) "Licensee" means any person licensed under the provisions of this chapter.
(5) "Livestock" includes horses, mules, burros, cattle, sheep, swine, and goats.
(6) "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 the plural as the case may be.
(7) "Stockyard" means any place, establishment, or facility commonly known as a stockyard consisting of pens or other enclosures and their appurtenances in which livestock services such as feeding, watering, weighing, sorting, receiving and shipping are offered to the public: PROVIDED, That stockyard shall not include any facilities where livestock is offered for sale at public auction, feed lots, or quarantined registered feed lots.
(8) "Packer" means any person engaged in the business of slaughtering, manufacturing, preparing meat or meat products for sale, marketing meat, meat food products or livestock products.
(9) "Special open consignment horse sale" means a sale conducted by a person other than the operator of a public livestock market which is limited to the consignment of horses and donkeys only for sale on an occasional and seasonal basis.
(10) "Livestock inspection" or "inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides including the examination of documents providing evidence of ownership.
[ 2003 c 326 s 62; 1983 c 298 s 1; 1961 c 182 s 1; 1959 c 107 s 1.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Definitions.


title: RCW 16.65.015

text:
(1) Except under subsection (2) of this section, this chapter does not apply to:
(a) A farmer selling his or her own livestock.
(b) A farmers' cooperative association or an association of livestock breeders when any class of their own livestock is assembled and offered for sale at a special sale under the association's management and responsibility.
(c) A youth livestock organization such as 4-H, FFA, or other junior livestock group, when any class of livestock owned by the youth members is assembled and offered for sale at a special sale under the organization's management and responsibility.
(2) Any farmer, farmers' cooperative association, livestock breeders' association, or youth livestock organization under subsection (1) of this section, may, upon obtaining a permit from the director, conduct a public sale of his or her or its members livestock on an occasional or seasonal basis. Application for the permit shall be in writing to the director for his or her approval at least fifteen days before the proposed public sale is scheduled to be held. The application must be complete and accompanied by a nonrefundable fee of fifty dollars for each sale, except that the fee is waived for youth livestock organizations. The sale is subject to the livestock and health inspection requirements as provided in this chapter for sales at public livestock markets, unless otherwise prescribed by rule.
[ 2003 c 326 s 63; 1983 c 298 s 2.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Application of chapter—Exceptions.


title: RCW 16.65.020

text:
Public livestock markets and special open consignment horse sales shall be under the direction and supervision of the director, and the director may adopt those rules as are necessary to carry out the purpose of this chapter. It shall be the duty of the director to enforce and carry out the provisions of this chapter and rules adopted under this chapter. No person shall interfere with the director when he or she is performing or carrying out any duties imposed by this chapter or rules adopted under this chapter.
[ 2003 c 326 s 64; 1983 c 298 s 5; 1959 c 107 s 2.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Supervision of markets and special open consignment horse sales—Rules—Interference with director's duties.


title: RCW 16.65.030

text:
(1) No person shall operate a public livestock market without first having obtained a license from the director. Application for a license shall be in writing on forms prescribed by the director, and shall include the following:
(a) A nonrefundable original license application fee of two thousand dollars.
(b) A legal description of the property upon which the public livestock market shall be located.
(c) A complete description and blueprints or plans of the public livestock market physical plant, yards, pens, and all facilities the applicant proposes to use in the operation of such public livestock market.
(d) A financial statement, audited by a certified or licensed public accountant, to determine whether or not the applicant meets the minimum net worth requirements, established by the director by rule, to construct and/or operate a public livestock market. If the applicant is a subsidiary of a larger company, corporation, society, or cooperative association, both the parent company and the subsidiary company must submit a financial statement to determine whether or not the applicant meets the minimum net worth requirements. All financial statement information required by this subsection is confidential information and not subject to public disclosure.
(e) The schedule of rates and charges the applicant proposes to impose on the owners of livestock for services rendered in the operation of such livestock market.
(f) The weekly or monthly sales day or days on which the applicant proposes to operate his or her public livestock market sales and the class of livestock that may be sold on these days.
(g) Projected source and quantity of livestock anticipated to be handled.
(h) Projected gross dollar volume of business to be carried on, at, or through the public livestock market during the first year's operation.
(i) Facts upon which is based the conclusion that the trade area and the livestock industry will benefit because of the proposed market.
(j) Other information as the director may require by rule.
(2) If the director determines that the applicant meets all the requirements of subsection (1) of this section, the director shall conduct a public hearing as provided by chapter 34.05 RCW, and shall grant or deny an application for original license for a public livestock market after considering evidence and testimony relating to the requirements of this section and giving reasonable consideration to:
(a) Benefits to the livestock industry to be derived from the establishment and operation of the public livestock market proposed in the application;
(b) The geographical area that will be affected;
(c) The conflict, if any, with sales days already allocated in the area;
(d) The amount and class of livestock available for marketing in the area;
(e) Buyers available to the proposed market; and
(f) Any other conditions affecting the orderly marketing of livestock.
(3) Before a license is issued to operate a public livestock market, the applicant must:
(a) Execute and deliver to the director a surety bond as required under RCW 16.65.200;
(b) Provide evidence of a custodial account, as required under RCW 16.65.140, for the consignor's proceeds;
(c) Pay the appropriate license fee; and
(d) Provide other information required under this chapter and rules adopted under this chapter.
[ 2003 c 326 s 65; 1995 c 374 s 54; (1994 c 46 s 21 repealed by 1995 c 374 s 55); 1994 c 46 s 12; 1993 c 354 s 1; 1991 c 17 s 1; 1979 ex.s. c 91 s 1; 1971 ex.s. c 192 s 1; 1967 ex.s. c 120 s 5; 1961 c 182 s 2; 1959 c 107 s 3.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.
Prior legislative approval—1994 c 46: "The reenactment of sections 12 through 20 of this act constitutes approval of fee increases for which prior legislative approval is required by RCW 43.135.055 (section 8, chapter 2, Laws of 1994, Initiative Measure No. 601)." [ 1994 c 46 s 26.]
Effective date—1994 c 46: See note following RCW 15.58.070.

catchline: Public livestock market license—Application—Contents—Fee—Public hearing.


title: RCW 16.65.037

text:
(1) Any license issued under the provisions of this chapter shall only be valid at the location and for the sales day or days for which the license was issued.
(2) The license fee shall be based on the average gross sales volume per official sales day of a market in the previous twelve months or, for a new market, the projected average gross sales per official sales day of the market during its first year's operation.
(a) The license fee for markets with an average gross sales volume up to and including ten thousand dollars is one hundred sixty-five dollars.
(b) The license fee for markets with an average gross sales volume over ten thousand dollars and up to and including fifty thousand dollars is three hundred thirty dollars.
(c) The license fee for markets with an average gross sales volume over fifty thousand dollars is four hundred ninety-five dollars.
(3) Any applicant operating more than one public livestock market shall make a separate application for a license to operate each public livestock market, and each application shall be accompanied by the appropriate license fee.
[ 2019 c 92 s 10; 2003 c 326 s 66; 1997 c 356 s 9; 1997 c 356 s 8; 1995 c 374 s 57.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.
Effective dates—1997 c 356: See note following RCW 16.57.220.
Effective date—Expiration date—1995 c 374 ss 48, 49, 56, and 57: See note following RCW 16.57.220.

catchline: License—Restrictions—Fees.


title: RCW 16.65.040

text:
(1) All public livestock market licenses provided for in this chapter expire on March 1st subsequent to the date of issue.
(2) Application for renewal of a public livestock market license shall be in writing on forms prescribed by the director, and shall include:
(a) All information under RCW 16.65.030(1) (d), (e), and (f);
(b) The gross dollar volume of business carried on, at, or through the applicant's public livestock market in the twelve-month period prior to the application for renewal of the license;
(c) Other information as the director may require by rule; and
(d) The appropriate license fee.
(3) If any person fails, refuses, or neglects to apply for a renewal of a preexisting license by March 1st, the person's license shall expire. To reinstate a license, the person shall pay a penalty of twenty-five dollars, which shall be added to the regular license fee, before the license may be reinstated by the director.
[ 2003 c 326 s 67; 1983 c 298 s 6; 1979 ex.s. c 91 s 2; 1959 c 107 s 4.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Public livestock market license—Expiration—Renewal—Penalty.


title: RCW 16.65.042

text:
(1) A person shall not operate a special open consignment horse sale without first obtaining a license from the director. The application for the license shall include:
(a) The schedule of rates and charges the applicant proposes to impose on the owners of horses for services rendered in the operation of the horse sale;
(b) The specific date and exact location of the proposed sale;
(c) Projected quantity and approximate value of horses to be handled; and
(d) Such other information as the director may reasonably require.
(2) The application shall be accompanied by a license fee of one hundred dollars. Upon the approval of the application by the director and compliance with this chapter, the applicant shall be issued a license. A special open consignment horse sale license is valid only for the specific date or dates and exact location for which the license was issued.
[ 2003 c 326 s 68; 1983 c 298 s 3.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Special open consignment horse sale license required—Application—Fee—Where and when valid.


title: RCW 16.65.044

text:
It is lawful for the operator of a public livestock market or an open consignment horse sale, upon receiving a request to do so, to allow the announcement of the correct and accurate name of the consignor of any cattle or horses being presented for sale to potential buyers.
[ 1991 c 17 s 5.]

catchline: Public livestock market—Open consignment horse sale—Consignor's name.


title: RCW 16.65.050

text:
All fees provided for under this chapter shall be deposited in an account in the agricultural local fund and used for enforcing and carrying out the purpose and provisions of this chapter and chapter 16.57 RCW.
[ 2003 c 326 s 69; 1959 c 107 s 5.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Disposition of fees.


title: RCW 16.65.060

text:
The licensee's license shall be posted conspicuously in the main office of such licensee's public livestock market or special open consignment horse sale.
[ 1983 c 298 s 7; 1959 c 107 s 6.]

catchline: License to be posted.


title: RCW 16.65.080

text:
(1) The director may deny, suspend, or revoke a license when the director finds that a licensee (a) has misrepresented titles, charges, numbers, brands, weights, proceeds of sale, or ownership of livestock; (b) has attempted payment to a consignor or the department by a check the licensee knows not to be backed by sufficient funds to cover such check; (c) has violated any of the provisions of this chapter or rules adopted under this chapter; (d) has violated any laws of the state that require inspection of livestock for health or identification purposes; (e) has violated any condition of the bond, as provided in this chapter.
(2) Upon notice by the director to deny, revoke, or suspend a license, a person may request a hearing under chapter 34.05 RCW.
(3) The director may issue subpoenas to compel the attendance of witnesses, or the production of books or documents anywhere in the state. The applicant or licensee shall have opportunity to be heard, and may have such subpoenas issued as he or she desires. Subpoenas shall be served in the same manner as in civil cases in the superior court. Witnesses shall testify under oath which may be administered by the director. Testimony shall be recorded, and may be taken by deposition under such rules as the director may prescribe.
[ 2019 c 92 s 9; 2003 c 326 s 70; 1985 c 415 s 9; 1971 ex.s. c 192 s 2; 1961 c 182 s 3; 1959 c 107 s 8.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.
Orders—Appeal: RCW 16.65.450.

catchline: Denial, suspension, revocation of license—Reasons—Hearing.


title: RCW 16.65.090

text:
When livestock inspection is required the licensee shall collect from the consignor and pay to the department an inspection fee, as provided by law, for each animal inspected. However, if in any one sale day the total fees collected for inspection do not exceed $150, then the licensee shall pay $150 for the inspection services. The licensee must pay a call out fee of $20 to the department for each day and for each livestock inspector who performs inspections at a public livestock market. No call out fee is charged for an inspection done by a certified veterinarian or field livestock inspector.
[ 2023 c 46 s 6; 2019 c 92 s 11; 2003 c 326 s 71; 1997 c 356 s 11; 1997 c 356 s 10; 1994 c 46 s 22; 1994 c 46 s 13; 1993 c 354 s 2; 1983 c 298 s 8; 1971 ex.s. c 192 s 3; 1959 c 107 s 9.]
Notes:
Expiration date—2025 c 287; 2023 c 46 ss 1, 3, 5, and 6: See note following RCW 16.57.015.
Expiration date—2025 c 287; 2023 c 46; 2022 c 158; 2019 c 92 ss 1, 5, 8, and 11: See note following RCW 16.57.015.
Effective dates—2003 c 326: See RCW 16.57.902.
Effective dates—1997 c 356: See note following RCW 16.57.220.
Effective date—1994 c 46 ss 21-25: "Sections 21 through 25 of this act shall take effect July 1, 1997." [ 1994 c 46 s 29.]
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW 16.65.030.
PDF
RCW 16.65.090
Livestock inspection—Consignor's fee—Inspection fee. (Effective July 1, 2030.)
The director shall provide for livestock inspection. When livestock inspection is required the licensee shall collect from the consignor and pay to the department an inspection fee, as provided by law, for each animal inspected. However, if in any one sale day the total fees collected for inspection do not exceed one hundred dollars, then the licensee shall pay one hundred dollars for the inspection services.
[ 2003 c 326 s 71; 1997 c 356 s 11; 1997 c 356 s 10; 1994 c 46 s 22; 1994 c 46 s 13; 1993 c 354 s 2; 1983 c 298 s 8; 1971 ex.s. c 192 s 3; 1959 c 107 s 9.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.
Effective dates—1997 c 356: See note following RCW 16.57.220.
Effective date—1994 c 46 ss 21-25: "Sections 21 through 25 of this act shall take effect July 1, 1997." [ 1994 c 46 s 29.]
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW 16.65.030.

catchline: Livestock inspection—Consignor's fee—Inspection fee—Call out fee. (Effective until July 1, 2030.)


title: RCW 16.65.100

text:
The licensee of each public livestock market or special open consignment horse sale shall collect from any purchaser of livestock requesting inspection a fee as provided by law for each animal inspected. This fee shall be in addition to the fee charged to the consignor for inspection and shall not apply to the minimum fee chargeable to the licensee.
[ 2003 c 326 s 72; 1983 c 298 s 9; 1959 c 107 s 10.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Livestock inspection—Purchaser's fee.


title: RCW 16.65.120

text:
A licensee shall not, except as provided in this chapter, pay the net proceeds or any part thereof arising from the sale of livestock consigned to the said licensee for sale, to any person other than the consignor of such livestock except upon an order from a court of competent jurisdiction, unless (1) such licensee has reason to believe that such person is the owner of the livestock; (2) such person holds a valid unsatisfied mortgage or lien upon the particular livestock, or (3) such person holds a written order authorizing such payment executed by the owner at the time of or immediately following the consignment of such livestock.
[ 1959 c 107 s 12.]

catchline: Disposition of proceeds of sale—Limitations on licensee.


title: RCW 16.65.130

text:
It shall be unlawful for the licensee to use for his or her own purposes consignor's net proceeds, or funds received by such licensee to purchase livestock on order, through recourse to the so-called "float" in the bank account, or in any other manner.
[ 2011 c 336 s 433; 1959 c 107 s 13.]

catchline: Unlawful use of consignor's net proceeds.


title: RCW 16.65.140

text:
Each licensee shall establish a custodial account for consignor's proceeds. All funds derived from the sale of livestock handled on a commission or agency basis shall be deposited in that account. The account shall be drawn on only for the payment of net proceeds to the consignor, or other person or persons of whom the licensee has knowledge is entitled to the proceeds, and to obtain from those proceeds only the sums due the licensee as compensation for the services as are set out in the posted tariffs, and for the sums as are necessary to pay all legal charges against the consignment of livestock which the licensee in the capacity as agent is required to pay for on behalf of the consignor or shipper. The licensee in each case shall keep those accounts and records that will at all times disclose the names of the consignors and the amount due and payable to each from the funds in the custodial account for consignor's proceeds. The licensee shall maintain the custodial account for consignor's proceeds in a manner that will expedite examination by the director and reflect compliance with the requirements of this section.
[ 2003 c 326 s 73; 1971 ex.s. c 192 s 4; 1959 c 107 s 14.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Custodial account for consignor's proceeds—Authorized withdrawals—Accounts and records.


title: RCW 16.65.150

text:
The delivery of livestock, for the purpose of sale, by any consignor or vendor to a public livestock market or special open consignment horse sale without making a full disclosure to the agent or licensee of such public livestock market or special open consignment horse sale of any unsatisfied lien or mortgage upon such livestock shall constitute a gross misdemeanor.
[ 1983 c 298 s 10; 1959 c 107 s 15.]

catchline: Penalty for failure to disclose unsatisfied lien, mortgage.


title: RCW 16.65.160

text:
The licensee shall deliver the net proceeds together with an invoice to the consignor or shipper within twenty-four hours after the sale or by the end of the next business day if the licensee is not on notice that any other person or persons have a valid interest in the livestock.
[ 1959 c 107 s 16.]

catchline: Delivery of proceeds and invoice to consignor or shipper.


title: RCW 16.65.170

text:
The licensee shall keep accurate records which shall be available for inspection to all parties directly interested therein, and the records shall contain the following information:
(1) The date on which each consignment of livestock was received and sold.
(2) The name and address of the buyer and seller of the livestock.
(3) The number and species of livestock received and sold.
(4) The marks, brands, and identification on the livestock.
(5) All statements of warranty or representations of title material to, or upon which, any sale is consummated.
(6) The gross selling price of the livestock with a detailed list of all charges deducted therefrom.
These records shall be kept by the licensee for one year subsequent to the receipt of such livestock.
[ 2019 c 92 s 12; 2003 c 326 s 74; 1967 c 192 s 1; 1959 c 107 s 17.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Records of licensee—Contents.


title: RCW 16.65.180

text:
All rates or charges made for any stockyard services furnished at a public livestock market or special open consignment horse sale shall be just, reasonable, and nondiscriminatory, and any unjust, unreasonable, or discriminatory rate or charge is prohibited and declared to be unlawful.
[ 1983 c 298 s 11; 1959 c 107 s 18.]

catchline: Unjust, unreasonable, discriminatory rates or charges prohibited.


title: RCW 16.65.190

text:
No person shall operate a public livestock market or special open consignment horse sale unless that person has filed a schedule with the application for license to operate a public livestock market or special open consignment horse sale. The schedule shall show all rates and charges for stockyard services to be furnished at the public livestock market or special open consignment horse sale.
(1) Schedules shall be posted conspicuously at the public livestock market or special open consignment horse sale, and shall plainly state all rates and charges in such detail as the director may require, and shall state any rules which in any manner change, affect, or determine any part of the aggregate of the rates or charges, or the value of the stockyard services furnished. The director may determine and prescribe the form and manner in which the schedule shall be prepared, arranged, and posted.
(2) No changes shall be made in rates or charges so filed and published except after thirty days' notice to the director and to the public filed and posted as set forth under this section, which shall plainly state the changes proposed to be made and the time the changes will go into effect.
(3) No licensee shall charge, demand, or collect a greater or a lesser or a different compensation for a service than the rates and charges specified in the schedule filed with the director and in effect at the time; nor shall a licensee refund or remit in any manner any portion of the rates or charges so specified (but this shall not prohibit a cooperative association of producers from properly returning to its members, on a patronage basis, its excess earnings on their livestock); nor shall a licensee extend to any person at a public livestock market or special open consignment horse sale any stockyard services except as are specified in the schedule.
[ 2003 c 326 s 75; 1983 c 298 s 12; 1959 c 107 s 19.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Schedule of rates and charges.


title: RCW 16.65.200

text:
Before the license is issued to operate a public livestock market or special open consignment horse sale, the applicant shall execute and deliver to the director a surety bond in a sum as herein provided for, executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety. The bond shall be a standard form and approved by the director as to terms and conditions. The bond shall be conditioned that the principal will not commit any fraudulent act and will comply with the provisions of this chapter and the rules adopted under this chapter. The bond shall be to the state in favor of every consignor and/or vendor creditor whose livestock was handled or sold through or at the licensee's public livestock market or special open consignment horse sale: PROVIDED, That if the applicant is bonded as a market agency under the provisions of the packers and stockyards act, (7 U.S.C. 181) as amended, on March 20, 1961, in a sum equal to or greater than the sum required under the provisions of this chapter, and the applicant furnishes the director with a bond approved by the United States secretary of agriculture, the director may accept the bond and its method of termination in lieu of the bond provided for herein and issue a license if the applicant meets all the other requirements of this chapter.
The total and aggregate liability of the surety for all claims upon the bond shall be limited to the face of the bond. Every bond filed with and approved by the director shall, without the necessity of periodic renewal, remain in force and effect until the license of the licensee is revoked for cause or otherwise canceled. The surety on a bond, as provided herein, shall be released and discharged from all liability to the state accruing on the bond upon compliance with the provisions of RCW 19.72.110 concerning notice and proof of service, but this shall not operate to relieve, release, or discharge the surety from any liability already accrued or which shall accrue (due and to become due hereunder) before the expiration period provided for in RCW 19.72.110 concerning notice and proof of service, and unless the principal shall before the expiration of this period, file a new bond, the director shall immediately cancel the principal's license.
[ 2003 c 326 s 76; 1983 c 298 s 13; 1971 ex.s. c 192 s 5; 1961 c 182 s 4. Prior: 1959 c 107 s 20.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Licensee's bond to operate market or special open consignment horse sale.


title: RCW 16.65.210

text:
The sum of the bond to be executed by an applicant for a public livestock market license shall be determined in the following manner:
(1) Determine the dollar volume of business carried on, at, or through, such applicant's public livestock market in the twelve-month period prior to such applicant's application for a license.
(2) Divide such dollar volume of business by the number of official sale days granted such applicant's public livestock market, as herein provided, in the same twelve-month period provided for in subsection (1).
(3) Bond amount shall be that amount obtained by the formula in subsection (2) except that it shall not be an amount less than ten thousand dollars and if that amount shall exceed fifty thousand then that portion above fifty thousand shall be at the rate of ten percent of that value, except that the amount of the bond shall be to the nearest five thousand figure above that arrived at in the formula.
[ 1971 ex.s. c 192 s 6; 1959 c 107 s 21.]

catchline: Licensee's bond to operate market—Amount determined by prior business operations—Minimum amount.


title: RCW 16.65.220

text:
If the application for a license to operate a public livestock market is from a new public livestock market which has not operated in the past twelve-month period, the director shall determine a bond, in a reasonable sum, that the applicant shall execute in favor of the state, which shall not be less than ten thousand dollars nor greater than twenty-five thousand dollars: PROVIDED, That the director may at any time, upon written notice, review the licensee's operations and determine whether, because of increased or decreased sales, the amount of the bond should be altered.
[ 1971 ex.s. c 192 s 7; 1959 c 107 s 22.]

catchline: Licensee's bond to operate market—Amount when no prior business operations—Minimum and maximum amount.


title: RCW 16.65.230

text:
Any licensee operating more than one public livestock market shall execute a bond, as herein provided, for each such licensed public livestock market.
[ 1959 c 107 s 23.]

catchline: Licensee's bond to operate market—One bond for each market.


title: RCW 16.65.232

text:
The sum of the bond to be executed by an applicant for a special open consignment horse sale license shall be determined by estimating the dollar volume of business to be carried on, at, or through the applicant's proposed special open consignment horse sale. The bond amount shall be that amount estimated as the applicant's dollar volume of business. However, the bond shall not be in an amount less than ten thousand dollars. If the amount exceeds fifty thousand dollars, then that portion above fifty thousand dollars shall be at the rate of ten percent of that value, except that the amount of the bond shall be to the nearest greater five thousand dollar figure.
[ 1983 c 298 s 4.]

catchline: Licensee's bond to operate special open consignment horse sale—Amount determined by estimate of business—Minimum amount.


title: RCW 16.65.235

text:
In lieu of the surety bond required under the provisions of this chapter, an applicant or licensee may file with the director a deposit consisting of cash or other security acceptable to the director. The director may adopt rules necessary for the administration of such security.
[ 2003 c 326 s 77; 1973 c 142 s 3.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Cash or other security in lieu of surety bond—Rules.


title: RCW 16.65.240

text:
Any vendor or consignor creditor claiming to be injured by the fraud of any licensee may bring action upon said bond against both principal and surety in any court of competent jurisdiction to recover the damages caused by such fraud.
[ 1959 c 107 s 24.]

catchline: Action on bond—Fraud of licensee.


title: RCW 16.65.250

text:
The director or any vendor or consignor creditor may also bring action upon said bond against both principal and surety in any court of competent jurisdiction to recover the damages caused by any failure to comply with the provisions of this chapter and the rules and/or regulations adopted hereunder.
[ 1959 c 107 s 25.]

catchline: Action on bond—Failure to comply with chapter.


title: RCW 16.65.260

text:
In case of failure by a licensee to pay amounts due a vendor or consignor creditor whose livestock was handled or sold through or at the licensee's public livestock market or special open consignment horse sale, as evidenced by a verified complaint filed with the director, the director may proceed immediately to ascertain the names and addresses of all vendor or consignor creditors of the licensee, together with the amounts due and owing to them and each of them by the licensee, and shall request all vendor and consignor creditors to file a verified statement of their respective claims with the director. This request shall be addressed to each known vendor or consignor creditor at his or her last known address.
[ 2003 c 326 s 78; 1983 c 298 s 14; 1959 c 107 s 26.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Licensee's failure to pay vendor, consignor—Complaint—Director's powers and duties.


title: RCW 16.65.270

text:
If a vendor or consignor creditor so addressed fails, refuses or neglects to file in the office of the director his or her verified claim as requested by the director within sixty days from the date of such request, the director shall be relieved of further duty or action on behalf of the producer or consignor creditor.
[ 2003 c 326 s 79; 1959 c 107 s 27.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Licensee's failure to pay vendor, consignor—Failure of vendor, consignor to file claim.


title: RCW 16.65.280

text:
Where by reason of the absence of records, or other circumstances making it impossible or unreasonable for the director to ascertain the names and addresses of all vendor and consignor creditors, the director, after exerting due diligence and making reasonable inquiry to secure the information from all reasonable and available sources, may make demand on the bond on the basis of information then in his or her possession, and thereafter shall not be liable or responsible for claims or the handling of claims which may subsequently appear or be discovered.
[ 2003 c 326 s 80; 1959 c 107 s 28.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Licensee's failure to pay vendor, consignor—Duties of director when names of creditors not available.


title: RCW 16.65.290

text:
Upon ascertaining all claims and statements in the manner herein set forth, the director may then make demand upon the bond on behalf of those claimants whose statements have been filed, and shall have the power to settle or compromise said claims with the surety company on the bond, and is empowered in such cases to execute and deliver a release and discharge of the bond involved.
[ 1959 c 107 s 29.]

catchline: Licensee's failure to pay vendor, consignor—Settlement, compromise of claims—Demand on bond—Discharge.


title: RCW 16.65.300

text:
Upon the refusal of the surety company to pay the demand, the director may bring an action on the bond in behalf of vendor and consignor creditors. Upon any action being commenced on the bond, the director may require the filing of a new bond. Immediately upon the recovery in any action on the bond the licensee shall file a new bond. Upon failure to file the new bond within ten days, such a failure shall constitute grounds for the suspension or revocation of the license.
[ 2003 c 326 s 81; 1959 c 107 s 30.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Licensee's failure to pay vendor, consignor—Refusal by surety company to pay demand—Action on bond—New bond, suspension or revocation of license on failure to file.


title: RCW 16.65.310

text:
In any settlement or compromise by the director with a surety company as provided in RCW 16.65.290, where there are two or more consignor and/or vendor creditors that have filed claims, either fixed or contingent, against a licensee's bond, such creditors shall share pro rata in the proceeds of the bond to the extent of their actual damage: PROVIDED, That the claims of the state and the department which may accrue from the conduct of the licensee's public livestock market shall have priority over all other claims.
[ 1959 c 107 s 31.]

catchline: Licensee's failure to pay vendor, consignor—Settlement, compromise—Creditors share—Priority of state's claim.


title: RCW 16.65.320

text:
For the purpose of enforcing the provisions of this chapter, the director on the director's own motion or upon the verified complaint of any vendor or consignor against any licensee, or agent, or any person assuming or attempting to act as such, shall have full authority to make any and all necessary investigations. The director is empowered to administer oaths of verification of such complaints.
[ 1985 c 415 s 10; 1959 c 107 s 32.]

catchline: Investigations by director—Complaints.


title: RCW 16.65.330

text:
For the purpose of making investigations as provided for in RCW 16.65.320, the director may enter a public livestock market and examine any records required under the provisions of this chapter. The director shall have full authority to issue subpoenas requiring the attendance of witnesses before him or her, together with all books, memorandums, papers, and other documents relative to the matters under investigation, and to administer oaths and take testimony thereunder.
[ 2011 c 336 s 434; 1959 c 107 s 33.]

catchline: Investigations—Powers of director.


title: RCW 16.65.340

text:
The director shall, when livestock is sold, traded, exchanged, or handled at or through a public livestock market, require such testing, treating, identifying, examining and recordkeeping of such livestock by a Washington state licensed and accredited veterinarian employed by the market as in the director's judgment may be necessary to prevent the spread of brucellosis, tuberculosis, paratuberculosis, pseudorabies, or any other infectious, contagious, or communicable disease among the livestock of this state. The state veterinarian or his or her authorized representative may conduct additional testing and examinations for the same purpose.
[ 2003 c 326 s 82; 1967 c 192 s 2; 1959 c 107 s 34.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Testing, examination, etc., of livestock for disease—Veterinarian employed by the market.


title: RCW 16.65.350

text:
The director shall adopt rules regarding sanitary practices, health practices and standards, and the examination of animals at public livestock markets.
[ 2003 c 326 s 83; 1959 c 107 s 35.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Examinations—Sanitary and health practices and standards—Rules.


title: RCW 16.65.360

text:
Licensees shall provide facilities and sanitation for the prevention of livestock diseases at their public livestock markets, as follows:
(1) The floors of all pens and alleys that are part of a public livestock market shall be constructed of concrete or similar impervious material and kept in good repair, with a slope of not less than one-fourth inch per foot to adequate drains leading to an approved sewage system: PROVIDED, That the director may designate certain pens within such public livestock markets as feeding and holding pens and the floors and alleys of such pens shall not be subject to the aforementioned surfacing requirements.
(2) Feeding and holding pens maintained in an area adjacent to a public livestock market shall be constructed and separated from such public livestock market, in a manner prescribed by the director, in order to prevent the spread of communicable diseases to the livestock sold or held for sale in such public livestock market.
(3) All yards, chutes and pens used in handling livestock shall be constructed of such materials which will render them easily cleaned and disinfected, and such yards, pens and chutes shall be kept clean, sanitary and in good repair at all times, as required by the director.
(4) Sufficient calf pens of adequate size to prevent overcrowding shall be provided, and such pens, when used, shall be cleaned and disinfected no later than the day subsequent to each sale.
(5) All swine pens, when used, shall be cleaned and disinfected no later than the day subsequent to each sale.
(6) A water system carrying a pressure of forty pounds and supplying sufficient water to thoroughly wash all pens, floors, alleys and equipment shall be provided.
(7) Sufficient quarantine pens of adequate capacity shall be provided. Such pens shall be used to hold only cattle reacting to brucellosis and tuberculosis or to quarantine livestock with other contagious or communicable diseases and shall be:
(a) hard surfaced with concrete or similar impervious material and shall be kept in good repair;
(b) provided with separate watering facilities;
(c) painted white with the word "quarantine" painted in red letters not less than four inches high on such quarantine pen's gate;
(d) provided with a tight board fence not less than five and one-half feet high;
(e) cleaned and disinfected not later than one day subsequent to the date of sale.
To prevent the spread of communicable diseases among livestock, the director shall have the authority to cause the cleaning and disinfecting of any area or all areas of a public livestock market and equipment or vehicles with a complete coverage of disinfectants approved by the director.
[ 1959 c 107 s 36.]

catchline: Facilities—Sanitation—Requirements.


title: RCW 16.65.370

text:
Pens used to hold livestock for a period of twenty-four hours or more in a public livestock market shall have watering and feeding facilities for livestock held in such pens. It shall be unlawful for a public livestock market to hold livestock for a period longer than twenty-four hours without feeding and watering such livestock. An operator of a public livestock market may also refuse to accept the consignment of any livestock that the licensee may believe to have been inadequately fed or otherwise inadequately cared for prior to the delivery of the livestock in question to the public livestock market.
[ 1991 c 17 s 2; 1959 c 107 s 37.]

catchline: Watering, feeding facilities—Unlawful acts.


title: RCW 16.65.380

text:
Public livestock market facilities shall include adequate space and facilities necessary for market, federal, or state veterinarians to properly carry out their functions as prescribed by law and rules adopted under law or as prescribed by applicable federal law or regulation.
[ 2003 c 326 s 84; 1959 c 107 s 38.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Adequate facilities and space required for veterinarians to function.


title: RCW 16.65.390

text:
Public livestock market facilities shall include space and facilities necessary for livestock inspectors and veterinarians to properly carry out their duties, as provided by law and rules adopted under law, in a safe and expeditious manner.
[ 2003 c 326 s 85; 1959 c 107 s 39.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Adequate space and facilities required for livestock inspectors and veterinarians to function.


title: RCW 16.65.400

text:
(1) Each public livestock market licensee shall maintain and operate approved weighing facilities for the weighing of livestock at such licensee's public livestock market.
(2) All dial scales used by the licensee shall be of adequate size to be readily visible to all interested parties and shall be equipped with a mechanical weight recorder.
(3) All beam scales used by the licensee shall be equipped with a balance indicator, a weigh beam and a mechanical weight recorder, all readily visible to all interested parties.
(4) All scales used by the licensee shall be checked for balance at short intervals during the process of selling and immediately prior to the beginning of each sale day.
(5) The scale ticket shall have the weights mechanically imprinted upon the tickets when the weigh beam is in balance during the process of weighing, and shall be issued in triplicate, for all livestock weighed at a public livestock market. A copy of the weight tickets shall be issued to the buyer and seller of the livestock weighed.
[ 2003 c 326 s 86; 1983 c 298 s 15; 1961 c 182 s 5; 1959 c 107 s 40.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Weighing of livestock at public livestock market.


title: RCW 16.65.410

text:
It shall be unlawful for a packer to own or control more than a twenty percent interest in any public livestock market, directly or indirectly through stock ownership or control, or otherwise by himself or herself or through his or her agents or employees.
[ 2011 c 336 s 435; 1959 c 107 s 41.]

catchline: Packer's interest in market limited.


title: RCW 16.65.420

text:
(1) Any application for a change of sales day or days or additional sales day or days for an existing salesyard shall be subject to approval by the director, subsequent to a hearing and the director is hereby authorized to approve these days and class of livestock which may be sold on these days. In considering the approval or denial of these sales days, the director shall give appropriate consideration, among other relevant factors, to the following:
(a) The geographical area which will be affected;
(b) The conflict, if any, with sales days already allocated in the area;
(c) The amount and class of livestock available for marketing in the area;
(d) Buyers available to such market;
(e) Any other conditions affecting the orderly marketing of livestock.
(2) No special sales shall be conducted by the licensee unless the licensee has applied to the director in writing fifteen days prior to such proposed sale. Each application must be accompanied by a nonrefundable fee of fifty dollars.
(3) In any case that a licensee fails to conduct sales on the sales days allocated to the licensee, the director shall, subsequent to a hearing, be authorized to revoke an allocation for nonuse. The rate of usage required to maintain an allocation shall be established by rule.
[ 2003 c 326 s 87; 1991 c 17 s 3; 1963 c 232 s 16; 1961 c 182 s 6. Prior: 1959 c 107 s 42.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Application for change of or additional sales days, special sales—Considerations for allocation.


title: RCW 16.65.424

text:
The director has the authority to grant a licensee an additional sales day, or days, limited to the sale of horses and/or mules and may if requested grant the licensee, by permit, the authority to have the sale at premises other than at his or her public livestock market if the facilities are approved by the director as being adequate for the protection of the health and safety of the horses and/or mules. For the purpose of such limited sale the facility requirements of RCW 16.65.360 shall not be applicable.
[ 2003 c 326 s 88; 1963 c 232 s 19.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.

catchline: Additional sales days limited to sales of horses and/or mules.


title: RCW 16.65.430

text:
Information and records of the licensee that are necessary for the compilation of adequate reports on the marketing of livestock shall be made available to the director or any news service, publishing or broadcasting such market reports.
[ 1959 c 107 s 43.]

catchline: Information and records available to director and news services.


title: RCW 16.65.440

text:
(1) Except as provided in subsection (2) of this section, any person who violates any provisions or requirements of this chapter or rules adopted by the director pursuant to this chapter is guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor.
[ 2012 c 25 s 3. Prior: 2003 c 326 s 89; 2003 c 53 s 116; 1959 c 107 s 44.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Penalty.


title: RCW 16.65.445

text:
The director shall hold public hearings upon any proposal to adopt any new or amended rules and all hearings for the denial, revocation, or suspension of a license issued under this chapter or in any other adjudicative proceeding, and shall comply in all respects with chapter 34.05 RCW, the Administrative Procedure Act.
[ 2003 c 326 s 90; 1989 c 175 s 55; 1961 c 182 s 7.]
Notes:
Effective dates—2003 c 326: See RCW 16.57.902.
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Public hearings.


title: RCW 16.65.450

text:
Any licensee or applicant who feels aggrieved by an order of the director may appeal to the superior court of the county in the state of Washington of the residence of the licensee or applicant where the trial on such appeal shall be held de novo.
[ 1991 c 17 s 4; 1959 c 107 s 46.]

catchline: Orders—Appeal.


title: RCW 16.67.010

text:
This chapter shall be known and may be cited as the Washington state beef commission act.
[ 1969 c 133 s 1.]

catchline: Short title.


title: RCW 16.67.030

text:
For the purpose of this chapter:
(1) "Commission" means the Washington state beef commission.
(2) "Director" means the director of agriculture of the state of Washington or an appointed representative.
(3) "Ex officio members" means those advisory members of the commission who do not have a vote.
(4) "Department" means the department of agriculture of the state of Washington.
(5) "Person" includes any individual, firm, corporation, trust, association, partnership, society, or any other organization of individuals.
(6) "Beef producer" means any person who raises, breeds, grows, or purchases cattle or calves for beef production.
(7) "Dairy (beef) producer" means any person who raises, breeds, grows, or purchases cattle for dairy production and who is actively engaged in the production of fluid milk.
(8) "Feeder" means any person actively engaged in the business of feeding cattle and usually operating a feed lot.
(9) "Producer" means any person actively engaged in the cattle industry including beef producers and dairy (beef) producers.
(10) "Washington cattle" shall mean all cattle owned or controlled by affected producers and located or sold in the state of Washington.
(11) "Meat packer" means any person operating a slaughtering establishment subject to inspection under a federal meat inspection act.
(12) "Livestock salesyard operator" means any person licensed to operate a cattle auction market or salesyard under the provisions of chapter 16.65 RCW as enacted or hereafter amended.
(13) "Mail" or "send" for purposes of any notice relating to rule making means regular mail or electronic distribution, as provided in RCW 34.05.260 for rule making. "Electronic distribution" or "electronically" means distribution by electronic mail or facsimile mail.
[ 2002 c 313 s 80; 1999 c 291 s 30; 1969 c 133 s 2.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Definitions.


title: RCW 16.67.035

text:
The legislature declares:
(1) That the history, economy, culture, and the future of Washington state's agriculture involves the beef industry. It is vital to the economy and to citizens' health that the beef industry continue to progress and thrive. The Washington state beef commission is part of an existing comprehensive system to regulate and promote beef and beef products;
(2) That the focus of the beef commission shall include the following responsibilities:
(a) The beef industry is to be promoted in a manner that showcases the varied aspects and segments of the industry;
(b) Research, education, and programs related to health and safety of beef are to be advanced in cooperation with the Washington state department of agriculture, Washington State University, other institutions of higher learning as appropriate, and other governmental or nongovernmental organizations doing research on trade or health issues;
(c) Support is to be provided to the beef industry in establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standardizing of beef and beef products; and
(d) Maintain efforts to increase consumption of beef and beef products within the state, the nation, and internationally;
(3) That beef producers operate within a regulatory environment that imposes burdens on them for the benefit of society and the citizens of the state and includes restrictions on marketing autonomy. Those restrictions may impair the beef producer's ability to compete in local, domestic, and foreign markets;
(4) That it is in the overriding public interest that support for the beef industry be clearly expressed, that adequate protection be given to agricultural commodities, uses, activities, and operations, and that beef and beef products be promoted individually, and as part of a comprehensive industry to:
(a) Enhance the reputation and image of Washington state's agriculture industry;
(b) Increase the sale and use of beef products in local, domestic, and foreign markets;
(c) Protect the public by educating the public in reference to sustainable stewardship of cattle and the environment, quality, care, and methods used in the production of beef and beef products, and in reference to the various cuts and grades of beef and the uses to which each should be put;
(d) Increase the knowledge of the health-giving qualities and dietetic value of beef products; and
(e) Support and engage in programs or activities that benefit the care and well-being of the cattle, and the production, handling, processing, marketing, and uses of beef and beef products;
(5) That this chapter is enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state; and
(6) That the beef industry is a highly regulated industry and that this chapter and the rules adopted under it are only one aspect of the regulated industry. Other regulations and restraints applicable to the beef industry include the:
(a) Beef promotion and research act of 1985, U.S.C. Title 7, chapter 62;
(b) Beef promotion and research, 7 C.F.R., Part 1260;
(c) Agricultural marketing act, 7 U.S.C., section 1621;
(d) USDA [United States department of agriculture] meat grading, certification, and standards, 7 C.F.R., Part 54;
(e) Mandatory price reporting, 7 C.F.R., Part 57;
(f) Grazing permits, 43 C.F.R., Part 2920;
(g) Capper-Volstead act, U.S.C. Title 7, chapters [sections] 291 and 292;
(h) Livestock identification under chapter 16.57 RCW and rules;
(i) Organic products act under chapter 15.86 RCW and rules;
(j) The food safety and security act under chapter 15.130 RCW;
(k) Washington food processing act under chapter 69.07 RCW and rules;
(l) Washington food storage warehouses act under chapter 69.10 RCW and rules;
(m) Animal health under chapter 16.36 RCW and rules; and
(n) Weights and measures under chapter 19.94 RCW and rules.
[ 2018 c 236 s 711; 2017 c 256 s 1; 2011 c 103 s 34; 2002 c 313 s 79.]
Notes:
Purpose—2011 c 103: See note following RCW 15.26.120.
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Legislative declaration—Focus of the beef commission—Regulating beef and beef products—Existing comprehensive scheme—Laws applicable.


title: RCW 16.67.040

text:
There is hereby created a Washington state beef commission to be thus known and designated. The commission shall be composed of two beef producers, two dairy (beef) producers, two feeders, one livestock salesyard operator, one meat packer, and the director, who shall be a voting member. If an otherwise voting member is elected as the chair of the commission, the member may, during the member's term as chair of the commission, cast a vote as a member of the commission only to break a tie vote. If the commission so chooses, there may be one additional nonvoting member in an advisory capacity appointed by the members of the commission for such a term as the members may set.
A majority of voting members shall constitute a quorum for the transaction of any business.
All appointed members as stated in RCW 16.67.060 shall be citizens and residents of this state, over the age of twenty-five years, each of whom is and has been actually engaged in that phase of the cattle industry he or she represents for a period of five years, and has during that period derived a substantial portion of his or her income therefrom, or have a substantial investment in cattle as an owner, lessee, partner, or a stockholder owning at least ten percent of the voting stock in a corporation engaged in the production of cattle or dressed beef, or a manager or executive officer of such corporation. Producer members of the commission shall not be directly engaged in the business of being a meat packer, or as a feeder, feeding cattle other than their own. Said qualifications must continue throughout each member's term of office.
[ 2003 c 396 s 33; 2000 c 146 s 1; 1997 c 363 s 1; 1993 c 40 s 1; 1991 c 9 s 1; 1969 c 133 s 3.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective date—1993 c 40: "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 June 1, 1993." [ 1993 c 40 s 5.]

catchline: Beef commission created—Generally.


title: RCW 16.67.051

text:
Commencing on July 1, 1993, the appointive positions on the commission shall be designated as follows: The beef producers shall be designated position one and position six; the dairy (beef) producers shall be designated position two and position seven; the feeders shall be designated position three and position eight; the livestock salesyard operator shall be designated position four; and the meat packer shall be designated position five.
The initial terms of positions one and four shall terminate July 1, 1994; positions two and five shall terminate July 1, 1995; and position three shall terminate July 1, 1996. The initial terms of position six shall terminate July 1, 1998; position seven shall terminate July 1, 1999; and position eight shall terminate July 1, 2000. The regular term of office of subsequent appointees shall be three years from the date of appointment and until their successors are appointed.
[ 1997 c 363 s 2; 1993 c 40 s 3.]
Notes:
Effective date—1993 c 40: See note following RCW 16.67.040.

catchline: Designation of positions—Terms.


title: RCW 16.67.060

text:
The director shall appoint the members of the commission. In making such appointments, the director shall take into consideration recommendations made to him or her by organizations who represent or who are engaged in the same type of production or business as the person recommended for appointment as a member of the commission.
Commencing on June 1, 1993, and by June 1 of each subsequent year, organizations under this section shall make a recommendation as required, to the director of a person to serve on the commission.
[ 1993 c 40 s 4; 1991 c 9 s 3; 1969 c 133 s 5.]
Notes:
Effective date—1993 c 40: See note following RCW 16.67.040.

catchline: Director to appoint members—Recommendations by industry.


title: RCW 16.67.070

text:
(1) In the event a position on the commission becomes vacant due to resignation, disqualification, death, or for any other reason, the unexpired term of such position shall be filled by the director forthwith.
(2) Each member of the commission shall be compensated in accordance with RCW 43.03.230.
(3) Each member or employee shall be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter as defined by the commission in rule. Otherwise if not defined in rule, reimbursement for travel expenses shall be at the rates allowed by RCW 43.03.050 and 43.03.060.
[ 2002 c 313 s 81; 1991 c 9 s 4; 1984 c 287 s 19; 1975-'76 2nd ex.s. c 34 s 22; 1969 c 133 s 6.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: Vacancies—Compensation and travel expenses.


title: RCW 16.67.080

text:
Copies of the proceedings, records, and acts of the commission, when certified by the secretary of the commission and authenticated by the commission seal, shall be admissible in any court as prima facie evidence of the truth of the statements contained therein.
[ 1969 c 133 s 7.]

catchline: Commission records as evidence.


title: RCW 16.67.090

text:
The powers and duties of the commission shall include the following:
(1) To administer and enforce the provisions of this chapter, and do all things reasonably necessary to effectuate the purposes of this chapter;
(2) To elect a chair and such other officers as it deems advisable;
(3) To employ and discharge at its discretion a manager, secretary, and such other personnel, including attorneys engaged in the private practice of law subject to the review of the attorney general, as the commission determines are necessary and proper to carry out the purposes of this chapter, and to prescribe their duties and powers and fix their compensation;
(4) To adopt, rescind, and amend rules, regulations, and orders for the exercise of its powers hereunder subject to the provisions of chapter 34.05 RCW, except that rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310, the provisions of chapter 19.85 RCW, the regulatory fairness act, and the provisions of RCW 43.135.055 when adoption of the rule is determined by a referendum vote of the affected parties;
(5) To establish by resolution, a headquarters which shall continue as such unless and until so changed by the commission. All records, books, and minutes of the commission shall be kept at such headquarters;
(6) To require a bond of all commission members and employees of the commission in a position of trust in the amount the commission shall deem necessary. The premium for such bond or bonds shall be paid by the commission from assessments collected. Such bond shall not be necessary if any such commission member or employee is covered by any blanket bond covering officials or employees of the state of Washington;
(7) To establish a beef commission revolving fund, such fund to be deposited in a bank or banks or financial institution or institutions, approved for the deposit of state funds, in which all money received by the commission, except an amount of petty cash for each day's needs not to exceed one hundred dollars, shall be deposited each day or as often during the day as advisable; none of the provisions of RCW 43.01.050 as now or hereafter amended shall apply to money collected under this chapter;
(8) To prepare a detailed and explanatory budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of this chapter during each fiscal year;
(9) To incur expense and enter into contracts and to create such liabilities as may be reasonable for the proper administration and enforcement of this chapter;
(10) To borrow money, not in excess of its estimate of its revenue from the current year's contributions;
(11) To keep or cause to be kept in accordance with accepted standards of good accounting practice, accurate records of all assessments, expenditures, moneys, and other financial transactions made and done pursuant to this chapter. Such records, books, and accounts shall be audited at least every five years subject to procedures and methods lawfully prescribed by the state auditor. Such books and accounts shall be closed as of the last day of each fiscal year. A copy of such audit shall be delivered within thirty days after completion thereof to the director, the state auditor, and the commission. On such years and in such event the state auditor is unable to audit the records, books, and accounts within six months following the close of the audit period it shall be mandatory that the commission employ a private auditor to make such audit;
(12) To sue and be sued as a commission, without individual liability for acts of the commission within the scope of the powers conferred upon it by this chapter;
(13) To cooperate with any other local, state, or national commission, organization, or agency, whether voluntary or established by state or federal law, including recognized livestock groups, engaged in work or activities similar to the work and activities of the commission created by this chapter and make contracts and agreements with such organizations or agencies for carrying on joint programs beneficial to the beef industry and sustainable stewardship of cattle;
(14) To accept grants, donations, contributions, or gifts from any governmental agency or private source for expenditures for any purpose consistent with the provisions of this chapter; and
(15) To operate jointly with beef commissions or similar agencies established by state laws in adjoining states.
[ 2017 c 256 s 2; 2011 c 336 s 436; 2002 c 313 s 82; 2000 c 146 s 2; 1982 c 81 s 3; 1969 c 133 s 8.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Powers and duties—Rule making.