title: RCW 15.89.025

text:
The history, economy, culture, and future of Washington state's agriculture involve the beer industry. In order to develop and promote beer as part of an existing comprehensive scheme to regulate those products, the legislature declares that:
(1) It is vital to the continued economic well-being of the citizens of this state and their general welfare that beer produced in Washington state be properly promoted;
(2) It is in the overriding public interest that support for the Washington beer industry be clearly expressed and that beer be promoted individually, and as part of a comprehensive industry to:
(a) Enhance the reputation and image of Washington state's agriculture industry;
(b) Protect the public by educating the public in reference to the quality, care, and methods used in the production of beer;
(c) Increase the knowledge of the qualities and value of Washington's beer; and
(d) Support and engage in programs or activities that benefit the production, handling, processing, marketing, and uses of beer;
(3) This chapter is enacted in the exercise of the police powers of this state to protect the health, peace, safety, and general welfare of the people of this state; and
(4) The production and marketing of beer is a highly regulated industry and this chapter and the rules adopted under it are only one aspect of the regulated industry. Other laws applicable to the beer industry include:
(a) The organic products act, chapter 15.86 RCW;
(b) The food safety and security act under chapter 15.130 RCW;
(c) The wholesale distributors and suppliers of malt beverages, chapter 19.126 RCW;
(d) Weights and measures, chapter 19.94 RCW;
(e) Title 66 RCW, alcoholic beverage control;
(f) 21 C.F.R. as it relates to general manufacturing practices, food labeling, food standards, food additives, and pesticide tolerances;
(g) Chapter 69.07 RCW, Washington food processing act;
(h) 27 U.S.C. Secs. 201 through 211, 213 through 219a, and 122A;
(i) 27 C.F.R. Parts 1, 6, 9, 10, 12, 16, 240, 251, and 252; and
(j) Rules under Title 314 WAC.
[ 2018 c 236 s 709; 2011 c 103 s 31; 2006 c 330 s 3.]
Notes:
Purpose—2011 c 103: See note following RCW 15.26.120.

catchline: Regulating beer—Existing comprehensive scheme—Applicable laws.


doc_type: statute

jurisdiction: wa

title: RCW 15.89.030

text:
(1) Subject to the referendum conducted under RCW 15.89.040, there is created an agricultural commodity commission, to be known as the Washington beer commission. The commission shall be comprised of seven voting members; six members shall be producers and one voting member shall be the director.
(2) Five voting members of the commission constitute a quorum for the transaction of any commission business.
(3) Each producer member shall be a citizen and resident of this state and over the age of twenty-one. Each producer member must be engaged in producing beer, and must, during his or her term of office, derive a substantial portion of income from the production of beer, or have a substantial investment in the production of beer as an owner, lessee, partner, or the manager or executive officer of such a corporation. No more than one board member may be part of the same person as defined by RCW 15.04.010. These qualifications apply throughout each member's term of office but do not apply to the director.
(4) The producer members shall serve three-year terms. Of the initial voting members, two members shall be appointed for a one-year term, two members shall be appointed for a two-year term, and two members shall be appointed for a three-year term.
[ 2006 c 330 s 4.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Washington beer commission created—Composition.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 15.89.040

text:
(1) Upon receipt of a petition containing the signatures of five beer producers from a statewide Washington state craft brewing trade association or from other producers to implement this chapter and to determine producer participation in the commission and assessment under this chapter, the director shall:
(a) Conduct a referendum of beer producers. The requirements of assent or approval of the referendum are met if:
(i) At least fifty-one percent by numbers of producers participating in the referendum vote affirmatively; and
(ii) Thirty percent of the producers and thirty percent of the production have been represented in the referendum to determine assent or approval of participation and assessment. The referendum shall be conducted within sixty days of receipt of the petition; and
(b) Establish a list of beer producers from information provided by the petitioners, by obtaining information on beer producers from applicable producer organizations or associations or other sources identified as maintaining the information. In establishing a current list of beer producers and their individual production, the director shall use the beer producer's name, mailing address, and production by the producer in the preceding fiscal year. Information on each producer shall be mailed to each beer producer on record with the director for verification. All corrections shall be filed with the director within twenty days from the date of mailing. The list of producers shall be kept in a file by the director. The list shall be certified as a true representation of the referendum mailing list. Inadvertent failure to notify a producer does not invalidate a proceeding conducted under this chapter. The director shall provide the commission the list of producers after assent in a referendum as provided in this section.
(2) If the director determines that the requisite assent has been given in the referendum conducted under subsection (1) of this section, the director shall:
(a) Within sixty days after assent of the referendum held, appoint the members of the commission; and
(b) Direct the commission to put into force the assessment as provided for in RCW 15.89.110.
(3) If the director determines that the requisite assent has not been given in the referendum conducted under subsection (1) of this section, the director shall take no further action to implement or enforce this chapter.
(4) Upon completion of the referendum conducted under subsection (1) of this section, the department shall tally the results of the vote and provide the results to producers. If a producer disputes the results of a vote, that producer within sixty days from the announced results, shall provide in writing a statement of why the vote is disputed and request a recount. Once the vote is tallied and distributed, all disputes are resolved, and all matters in a vote are finalized, the individual ballots may be destroyed.
(5) Before conducting the referendum provided for in subsection (1) of this section, the director may require the petitioners to deposit with him or her an amount of money as the director deems necessary to defray the expenses of conducting the referendum. The director shall provide the petitioners an estimate of expenses that may be incurred to conduct a referendum before any service takes place. Petitioners shall deposit funds with the director to pay for expenses incurred by the department. The commission shall reimburse petitioners the amount paid to the department when funds become available. However, if for any reason the referendum process is discontinued, the petitioners shall reimburse the department for expenses incurred by the department up until the time the process is discontinued.
(6) The director is not required to hold a referendum under subsection (1) of this section more than once in any twelve-month period.
[ 2011 c 54 s 2; 2006 c 330 s 5.]

catchline: Director's duties—Referendum of beer producers.


title: RCW 15.89.050

text:
(1) The director shall appoint the producer members of the commission. In making appointments, no later than ninety days before an expiration of a commission member's term, the director shall call for recommendations for commission member positions, and the director shall take into consideration recommendations made by a statewide Washington state craft brewing trade association or other producers. In appointing persons to the commission, the director shall seek a balanced representation on the commission that reflects the composition of the beer producers throughout the state on the basis of beer produced and geographic location. Information on beer production by geographic location shall be provided by the commission upon the director's request.
(2) If a position on the commission becomes vacant due to resignation, disqualification, death, or for any other reason, the commission shall notify the director and the unexpired term shall immediately be filled by appointment by the director.
(3) Each member or employee of the commission shall be reimbursed for actual travel expenses incurred in carrying out 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.
[ 2011 c 54 s 3; 2006 c 330 s 6.]

catchline: Appointment of members—Terms, travel expenses.


title: RCW 15.89.060

text:
Obligations incurred by the commission and any other liabilities or claims against the commission shall be enforced only against the assets of the commission and, except to the extent of such assets, no liability for the debts or actions of the commission exists against either the state of Washington or any subdivision or instrumentality thereof or against any member, employee, or agent of the commission or the state of Washington in his or her individual capacity. Except as otherwise provided in this chapter, neither the commission members, nor its employees, may be held individually responsible for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No person or employee may be held individually responsible for any act or omission of any other commission members. The liability of the commission members shall be several and not joint, and no member is liable for the default of any other member. This provision confirms that commission members have been and continue to be, state officers or volunteers for purposes of RCW 4.92.075 and are entitled to the defenses, indemnifications, limitations of liability, and other protections and benefits of chapter 4.92 RCW.
[ 2006 c 330 s 7.]

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


title: RCW 15.89.070

text:
The commission shall:
(1) Elect a chair and officers. The officers must include a treasurer who is responsible for all receipts and disbursements by the commission and the faithful discharge of whose duties shall be guaranteed by a bond at the sole expense of the commission. The commission must adopt rules for its own governance that provide for the holding of an annual meeting for the election of officers and the transaction of other business and for other meetings the commission may direct;
(2) Do all things reasonably necessary to effect the purposes of this chapter. However, the commission has no rule-making power except as provided in this chapter;
(3) Employ and discharge managers, secretaries, agents, attorneys, and employees and engage the services of independent contractors;
(4) Retain, as necessary, the services of private legal counsel to conduct legal actions on behalf of the commission. The retention of a private attorney is subject to review by the office of the attorney general;
(5) Receive donations of beer from producers for promotional purposes under subsections (6) and (7) of this section and for fund-raising purposes under subsection (8) of this section. Donations of beer for promotional purposes may only be disseminated without charge;
(6) Engage directly or indirectly in the promotion of Washington beer, including, without limitation, the acquisition in any lawful manner and the dissemination without charge of beer. This dissemination is not deemed a sale for any purpose and the commission is not deemed a producer, supplier, or manufacturer, or the clerk, servant, or agent of a producer, supplier, distributor, or manufacturer. This dissemination without charge shall be for agricultural development or trade promotion, and not for fund-raising purposes under subsection (8) of this section. Dissemination for promotional purposes may include promotional hosting and must in the good faith judgment of the commission be in the aid of the marketing, advertising, sale of beer, or of research related to such marketing, advertising, or sale;
(7) Promote Washington beer by conducting unique beer tastings without charge;
(8) Beginning July 1, 2007, fund the Washington beer commission through sponsorship of up to 12 beer festivals annually at which beer may be sold to festival participants. For this purpose, the commission would qualify for issue of a special occasion license as an exception to WAC 314-05-020 but must comply with laws under Title 66 RCW and rules adopted by the liquor and cannabis board under which such events may be conducted;
(9) Participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, regulation, distribution, sale, or use of beer including activities authorized under RCW 29B.50.090, including the reporting of those activities to the public disclosure commission;
(10) Acquire and transfer personal and real property, establish offices, incur expenses, and enter into contracts, including contracts for the creation and printing of promotional literature. The contracts are not subject to chapter 43.19 RCW, and are cancelable by the commission unless performed under conditions of employment that substantially conform to the laws of this state and the rules of the department of labor and industries. The commission may create debt and other liabilities that are reasonable for proper discharge of its duties under this chapter;
(11) Maintain accounts with one or more qualified public depositories as the commission may direct, for the deposit of money, and expend money for purposes authorized by this chapter by drafts made by the commission upon such institutions or by other means;
(12) Cause to be kept and annually closed, in accordance with generally accepted accounting principles, accurate records of all receipts, disbursements, and other financial transactions, available for audit by the state auditor;
(13) Create and maintain a list of producers and disseminate information among and solicit the opinions of producers with respect to the discharge of the duties of the commission, directly or by arrangement with trade associations or other instrumentalities;
(14) Employ, designate as an agent, act in concert with, and enter into contracts with any person, council, commission, or other entity to promote the general welfare of the beer industry and particularly to assist in the sale and distribution of Washington beer in domestic and foreign commerce. The commission shall expend money necessary or advisable for this purpose and to pay its proportionate share of the cost of any program providing direct or indirect assistance to the sale and distribution of Washington beer in domestic or foreign commerce, employing and paying for vendors of professional services of all kinds;
(15) 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;
(16) Serve as liaison with the liquor and cannabis board on behalf of the commission and not for any individual producer;
(17) Receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the commission and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.
[ 2024 c 164 s 501; 2015 c 225 s 13; 2011 c 103 s 16; 2011 c 60 s 3; 2009 c 373 s 9; 2007 c 211 s 1; 2006 c 330 s 8.]
Notes:
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.
Purpose—2011 c 103: See note following RCW 15.26.120.
Effective date—2011 c 60: See note following RCW 29B.20.030.

catchline: Commission powers and duties.


title: RCW 15.89.073

text:
(1) The commission shall develop and submit to the director for approval any plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and administration of appropriate programs or projects for advertising, promotion, and education programs related to beer; and
(b) The establishment and effectuation of market research projects, market development projects, or both to the end that the marketing of beer may be encouraged, expanded, improved, or made more efficient.
(2) The director shall review the commission's advertising or promotion program to ensure that no false claims are being made concerning beer.
(3) The commission, before the beginning of its fiscal year, shall prepare and submit to the director for approval its research plan, its commodity-related education and training plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a timely manner.
[ 2006 c 330 s 9.]

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


title: RCW 15.89.075

text:
The commission exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges the commission, with oversight by the director, to speak on behalf of the Washington state government with regard to the marketing and promotion of Washington produced beer.
[ 2006 c 330 s 10.]

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


title: RCW 15.89.080

text:
The commission may create, provide for, and conduct a comprehensive and extensive research, promotional, and educational campaign as sales and market conditions reasonably require. It shall investigate and ascertain the needs of producers, conditions of markets, and degree of public awareness of products, and take into account this information in the discharge of its duties under this chapter.
[ 2006 c 330 s 11.]

catchline: Research, promotional, and educational campaign.


title: RCW 15.89.090

text:
The commission shall adopt as major objectives of its research, promotional, and educational campaign goals that serve the needs of producers. The goals may include efforts to:
(1) Establish Washington beer as a major factor in markets everywhere;
(2) Promote Washington breweries as tourist attractions;
(3) Encourage favorable reporting of Washington beer and breweries in the press throughout the world;
(4) Establish Washington beer in markets everywhere as a major source of premium beer;
(5) Encourage favorable legislative and regulatory treatment of Washington beer in markets everywhere;
(6) Encourage promotion of Washington agriculture related to beer production, specifically hops, malting barley, and wheat grown in the state; and
(7) Foster economic conditions favorable to investment in the production of Washington beer.
[ 2006 c 330 s 12.]

catchline: Campaign goals.


title: RCW 15.89.100

text:
(1) The commission shall prepare a list of all producers from information available from the *liquor control board, the department, or the producers' association. This list must contain the names and addresses of producers within this state and the amount, by barrelage, of beer produced during the period designated by the commission. A qualified person may, at any time, have his or her name placed upon the list by delivering or mailing the information to the commission. This list shall be corrected and brought up-to-date in accordance with evidence and information available to the commission by December 31st of each year. For the purposes of giving notice and holding referendums, the list updated before the date for issuing notices or ballots is the list of all producers entitled to notice, to assent or dissent, or to vote. Inadvertent failure to notify a producer does not invalidate a proceeding conducted under this chapter.
(2) It is the responsibility of producers to ensure that their correct address is filed with the commission. It is also the responsibility of producers to submit production data to the commission as prescribed by this chapter.
(3) The commission shall develop a reporting system to document that the producers in this state are reporting quantities of beer produced and are paying the assessment as provided in RCW 15.89.110.
[ 2011 c 54 s 4; 2006 c 330 s 13.]
Notes:
*Reviser's note: The "state liquor control board" was renamed the "state liquor and cannabis board" by 2015 c 70 s 3.

catchline: List of producers of beer—Reporting system.


title: RCW 15.89.110

text:
(1) Pursuant to referendum in accordance with RCW 15.89.040, there is levied, and the commission shall collect, upon beer produced by a producer, an annual assessment of ten cents per barrel of beer produced, up to ten thousand barrels per location.
(2) The commission shall adopt rules prescribing the time, place, and method for payment and collection of this assessment and provide for the collection of assessments from producers who ship directly out-of-state.
(3) The commission may reduce the assessment per producer based upon in-kind contributions to the commission.
[ 2011 c 54 s 5; 2006 c 330 s 14.]

catchline: Annual assessment on beer production—Approval by referendum—Rules.


title: RCW 15.89.120

text:
The commission shall deposit money collected under RCW 15.89.110 in a separate account in the name of the commission in any bank that is a state depositary. All expenditures and disbursements made from this account under this chapter may be made without the necessity of a specific legislative appropriation. RCW 43.01.050 does not apply to this account or to the money received, collected, or expended as provided in this chapter.
[ 2006 c 330 s 15.]

catchline: Deposit of money.


title: RCW 15.89.130

text:
An assessment levied in an amount determined by the commission under RCW 15.89.110 constitutes a personal debt of every person assessed or who otherwise owes the assessment, and the assessment is due and payable to the commission when payment is called for by the commission. If a producer fails to pay the commission the full amount of the assessment by the date due, the commission may add to the unpaid assessment an amount not exceeding ten percent of the assessment to defray the cost of enforcing its collection. If the person fails to pay an assessment, the commission may bring a civil action for collection against the person or persons in a court of competent jurisdiction. The action shall be tried and judgment rendered as in any other cause of action for a debt due and payable.
[ 2006 c 330 s 16.]

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


title: RCW 15.89.140

text:
(1) Under RCW 42.56.380, certain agricultural business records, commission records, and department of agriculture records relating to the commission and producers of agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records submitted to either the department or the commission for the purpose of administering this chapter may be shared between the department and the commission. They may also be used, if required, in any suit or administrative hearing involving this chapter.
(3) This section does not prohibit:
(a) The issuance of general statements based upon the reports of persons subject to this chapter as long as the statements do not identify the information furnished by any person; or
(b) The publication by the director or the commission of the name of any person violating this chapter and a statement of the manner of the violation by that person.
[ 2006 c 330 s 17.]

catchline: Certain records exempt from public disclosure—Exceptions.


title: RCW 15.89.150

text:
(1) All costs incurred by the department, including the adoption of rules and other actions necessary to carry out this chapter, shall be reimbursed by the commission.
(2) The director may provide by rule for a method to fund staff support for all commodity boards or commissions in accordance with RCW 43.23.033 if a position is not directly funded by the legislature and costs are related to the specific activity undertaken on behalf of an individual commodity board or commission. The commission shall provide funds to the department according to the rules adopted by the director.
[ 2006 c 330 s 18.]

catchline: Costs—Funding staff support—Rules.


title: RCW 15.89.160

text:
County and state law enforcement officers, the *liquor control board and its enforcement agents, and employees of the department shall enforce this chapter.
[ 2006 c 330 s 19.]
Notes:
*Reviser's note: The "state liquor control board" was renamed the "state liquor and cannabis board" by 2015 c 70 s 3.

catchline: Enforcement.


title: RCW 15.89.170

text:
(1) Any prosecution brought under this chapter may be instituted in any county in which the defendant or any defendant resides, or in which the violation was committed, or in which the defendant or any defendant has his or her principal place of business.
(2) The superior courts may enforce this chapter and the rules and regulations of the commission issued hereunder, and may prevent and restrain violations thereof.
[ 2006 c 330 s 20.]

catchline: Prosecution—Enforcement by superior courts.


title: RCW 15.89.900

text:
This act shall be liberally construed to effectuate its purposes.
[ 2006 c 330 s 21.]

catchline: Construction—2006 c 330.


title: RCW 15.92.005

text:
The legislature finds that public concerns are increasing about the need for significant efforts to develop sustainable systems in agriculture. The sustainable systems would address many anxieties, including the erosion of agricultural lands, the protection and wise utilization of natural resources, and the safety of food production. Consumers have demonstrated their apprehension in the marketplace by refusing to purchase products whose safety is suspect and consumer confidence is essential for a viable agriculture in Washington. Examples of surface and ground water contamination by pesticides and chemical fertilizers raise concerns about deterioration of environmental quality. Reducing soil erosion would maintain water quality and protect the long-term viability of the soil for agricultural productivity. Both farmers and farm labor are apprehensive about the effects of pesticides on their health and personal safety. Development of sustainable farming systems would strengthen the economic viability of Washington's agricultural production industry.
Public anxieties over the use of chemicals in agriculture have resulted in congress amending the federal insecticide, fungicide and rodenticide act which requires all pesticides and their uses registered before November 1984 to be reregistered, complying with present standards, by the end of 1997. The legislature finds that the pesticide reregistration process and approval requirements could reduce the availability of chemical pesticides for use on minor crops in Washington and may jeopardize the farmers' ability to grow these crops in Washington.
The legislature recognizes that Washington State University supports research and extension programs that can lead to reductions in pesticide use where viable alternatives are both environmentally and economically sound. Yet, the legislature finds that a focused and coordinated program is needed to develop possible alternatives, increase public confidence in the safety of the food system, and educate farmers and natural resource managers on land stewardship.
The legislature further finds that growers, processors, and agribusiness depend upon pesticide laboratories associated with manufacturers, regional universities, state departments of agriculture, and the United States department of agriculture to provide residue data for registering essential pesticides. The registration of uses for minor crops, which include vegetables, fruits, nuts, berries, nursery and greenhouse crops, and reregistration of needed chemicals, are activities of particular concern to ensure crop production. Furthermore, public demands for improved information and education on pesticides and risk assessment efforts justify these efforts.
The legislature further finds that multiple alternatives are needed for pest control, including programs for integrated pest management, genetic resistance to pests, biological control, cultural practices, and the use of appropriate approved chemicals.
[ 1991 c 341 s 1.]

catchline: Finding.


title: RCW 15.92.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agricultural commodity" means any distinctive type of agricultural, horticultural, viticultural, floricultural, vegetable, or animal product, including but not limited to, products qualifying as organic products under chapter 15.86 RCW, private sector cultured aquatic products as defined in RCW 15.85.020, bees and honey, and Christmas trees but not including timber or timber products.
(2) "Center" means the center for sustaining agriculture and natural resources established at Washington State University.
(3) "Integrated pest management" is a strategy that uses various combinations of pest control methods, biological, cultural, and chemical, in a compatible manner to achieve satisfactory control and ensure favorable economic and environmental consequences.
(4) "IR-4 program" means interregional research project number four, clearances of chemicals and biologics for minor or special uses, established in 1963 by the cooperative state research service of the United States department of agriculture, the coordinated national program involving land-grant universities and the United States department of agriculture to provide data required for the registration of pesticides needed for the production of minor crops.
(5) "Laboratory" means the food and environmental quality laboratory established at Washington State University at Tri-Cities.
(6) "Minor crop" means an agricultural crop considered to be minor in the national context of registering pesticides.
(7) "Minor use" means a pesticide use considered to be minor in the national context of registering pesticides including, but not limited to, a use for a special local need.
(8) "Natural resources" means soil, water, air, forests, wetlands, wildlands, and wildlife.
(9) "Pesticide" means chemical or biologic used to control pests such as insect, rodent, nematode, snail, slug, weed, virus, or any organism the director of agriculture may declare to be a pest.
(10) "Registration" means use of a pesticide approved by the state department of agriculture.
(11) "Sustainable agriculture" means a systems approach to farming, ranching, and natural resource production that builds on and supports the physical, biological, and ecological resource base upon which agriculture depends. The goals of sustainable agriculture are to provide human food and fiber needs in an economically viable manner for the agriculture industry and in a manner which protects the environment and contributes to the overall safety and quality of life.
[ 2011 c 103 s 32; 1995 c 390 s 4; 1991 c 341 s 2.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Purpose—2011 c 103: See note following RCW 15.26.120.

catchline: Definitions.


title: RCW 15.92.020

text:
A center for sustaining agriculture and natural resources is established at Washington State University. The center shall provide statewide leadership in research, extension, and resident instruction programs to sustain agriculture and natural resources.
[ 1991 c 341 s 3.]

catchline: Center established.


title: RCW 15.92.030

text:
The center is to work cooperatively with the University of Washington to maximize the use of financial resources in addressing forestry issues. The center's primary activities include but are not limited to:
(1) Research programs which focus on developing possible alternative production and marketing systems through:
(a) Integrated pest management;
(b) Biological pest control;
(c) Plant and animal breeding;
(d) Conservation strategies; and
(e) Understanding the ecological basis of nutrient management;
(2) Extension programs which focus on:
(a) On-farm demonstrations and evaluation of alternative production practices;
(b) Information dissemination, and education concerning sustainable agriculture and natural resource systems; and
(c) Communication and training on sustainable agriculture strategies for consumers, producers, and farm and conservation-related organizations;
(3) On-farm testing and research to calculate and demonstrate costs and benefits, including economic and environmental benefits and trade-offs, inherent in farming systems and technologies;
(4) Crop rotation and other natural resource processes such as pest-predator interaction to mitigate weed, disease, and insect problems, thereby reducing soil erosion and environmental impacts;
(5) Management systems to improve nutrient uptake, health, and resistance to diseases and pests by incorporating the genetic and biological potential of plants and animals into production practices;
(6) Soil management, including conservation tillage and other practices to minimize soil loss and maintain soil productivity; and
(7) Animal production systems emphasizing preventive disease practices and mitigation of environmental pollution.
[ 1991 c 341 s 4.]

catchline: Primary activities—Cooperative with University of Washington.


title: RCW 15.92.040

text:
The center is managed by an administrator. The administrator shall hold a joint appointment as an assistant director in the Washington State University agricultural research center and cooperative extension.
(1) A committee shall advise the administrator. The dean of the Washington State University college of agriculture and home economics shall make appointments to the advisory committee so the committee is representative of affected groups, such as the Washington department of social and health services, the Washington department of ecology, the Washington department of agriculture, the chemical and fertilizer industry, food processors, marketing groups, consumer groups, environmental groups, farm labor, and natural resource and agricultural organizations.
(2) Each appointed member shall serve a term of three years, and one-third are appointed every year. The entire committee is appointed the first year: One-third for a term of one year, one-third for a term of two years, and one-third for a term of three years. A member shall continue to serve until a successor is appointed. Vacancies are filled by appointment for the unexpired term. The members of the advisory committee shall serve without compensation but shall be reimbursed for travel expenses incurred while engaged in the business of the committee as provided in RCW 43.03.050 and 43.03.060.
(3) It is the responsibility of the administrator, in consultation with the advisory committee, to:
(a) Recommend research and extension priorities for the center;
(b) Conduct a competitive grants process to solicit, review, and prioritize research and extension proposals; and
(c) Advise Washington State University on the progress of the development and implementation of research, teaching, and extension programs that sustain agriculture and natural resources of Washington.
[ 1991 c 341 s 5.]

catchline: Administrator.


title: RCW 15.92.050

text:
A food and environmental quality laboratory operated by Washington State University is established in the Tri-Cities area to conduct pesticide residue studies concerning fresh and processed foods, in the environment, and for human and animal safety. The laboratory shall cooperate with public and private laboratories in Washington, Idaho, and Oregon.
[ 1991 c 341 s 6.]

catchline: Food and environmental quality laboratory.


title: RCW 15.92.060

text:
The responsibilities of the laboratory shall include:
(1) Evaluating regional requirements for minor crop registration through the federal IR-4 program;
(2) Providing a program for tracking the availability of effective pesticides for minor crops, minor uses, and emergency uses in this state;
(3) Conducting studies on the fate of pesticides on crops and in the environment, including soil, air, and water;
(4) Improving pesticide information and education programs;
(5) Assisting federal and state agencies with questions regarding registration of pesticides which are deemed critical to crop production, consistent with priorities established in RCW 15.92.070; and
(6) Assisting in the registration of biopesticides, pheromones, and other alternative chemical and biological methods.
[ 1995 c 390 s 5; 1991 c 341 s 7.]

catchline: Laboratory responsibilities.


title: RCW 15.92.070

text:
The laboratory is advised by a board appointed by the dean of the Washington State University college of agriculture and home economics. The dean shall cooperate with appropriate officials in Washington, Idaho, and Oregon in selecting board members.
(1) The board shall consist of one representative from each of the following interests: A human toxicologist or a health professional knowledgeable in worker exposure to pesticides, the Washington State University vice provost for research or research administrator, representatives from the state department of agriculture, the department of ecology, the department of health, the department of labor and industries, privately owned Washington pesticide analytical laboratories, federal regional pesticide laboratories, an Idaho and Oregon laboratory, whether state, university, or private, a chemical and fertilizer industry representative, farm organizations, food processors, marketers, farm labor, environmental organizations, and consumers. Each board member shall serve a three-year term. The members of the board shall serve without compensation but shall be reimbursed for travel expenses incurred while engaged in the business of the board as provided in RCW 43.03.050 and 43.03.060.
(2) The board is in liaison with the pesticide incident reporting and tracking panel and shall review the chemicals investigated by the laboratory according to the following criteria:
(a) Chemical uses for which a database exists on environmental fate and acute toxicology, and that appear safer environmentally than pesticides available on the market;
(b) Chemical uses not currently under evaluation by public laboratories in Idaho or Oregon for use on Washington crops;
(c) Chemicals that have lost or may lose their registration and that no reasonably viable alternatives for Washington crops are known; and
(d) Other chemicals vital to Washington agriculture.
(3) The laboratory shall conduct research activities using approved good laboratory practices, namely procedures and recordkeeping required of the national IR-4 minor use pesticide registration program.
(4) The laboratory shall coordinate activities with the national IR-4 program.
[ 2010 1st sp.s. c 7 s 133; 1991 c 341 s 8.]
Notes:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.

catchline: Board to advise laboratory.


title: RCW 15.92.080

text:
The center for sustaining agriculture and natural resources at Washington State University shall prepare and present an annual report to the appropriate legislative committees. The report shall include the center's priorities to find alternatives to the use of agricultural chemicals that pose human and environmental risks. The first report, due no later than November 1, 1992, shall use federal criteria of acceptable risk of human and environmental exposure for establishing such priorities and for conducting responsive research and education programs. For each subsequent year, the report shall detail the center's progress toward meeting the goals identified in the center's plan.
[ 1991 c 341 s 9.]

catchline: Annual report—Acceptable risk of human and environmental exposure.


title: RCW 15.92.090

text:
(1) A commission on integrated pest management is established. The commission shall be composed of 12 voting members appointed by the director as follows:
(a) Eight members from the following segments of the state's agricultural industry as nominated by a statewide private agricultural association or agricultural commodity commission formed under this title: (i) The tree fruit industry; (ii) hop growers; (iii) potato growers; (iv) wheat growers; (v) vegetable and seed growers; (vi) berry growers; (vii) wine grape growers; and (viii) the nursery and landscape industry. Although members are appointed from various segments of the agriculture industry, they are appointed to represent and advance the interests of the industry as a whole.
(b) One member from each of the following: (i) Forest protection industry; (ii) food processors; (iii) agricultural chemical industry; and (iv) professional pesticide applicators. One member shall be appointed for each such segment of the industry and shall be nominated by a statewide, private association of that segment of the industry. The representative of the agricultural chemical industry shall be involved in the manufacture of agricultural crop protection products.
The following shall be ex officio, nonvoting members of the commission: The coordinator of the interregional project number four at Washington State University; the director of the department of ecology or the director's designee; the director of the department of agriculture or the director's designee; the director of the department of labor and industries or the director's designee; the secretary of the department of health or the secretary's designee; and a representative of the United States environmental protection agency, region 10, who has working knowledge of federal pesticide policy issues.
(2) Each voting member of the commission shall serve a term of three years. A vacancy shall be filled by appointment for the unexpired term in the same manner provided for an appointment to the full term. No member of the commission may be removed by the director during his or her term of office unless for cause of incapacity, incompetence, neglect of duty, or malfeasance in office. Each member of the commission shall receive travel expenses in accordance with RCW 43.03.050 and 43.03.060 for attending meetings of the commission and for performing special duties, in the way of official commission business, specifically assigned to the person by the commission. The voting members of the commission serve without compensation from the state other than such travel expenses.
(3) The commission shall elect a chair from among its voting members each calendar year. After its original organizational meeting, the commission shall meet at the call of the chair. A majority of the voting members of the commission constitutes a quorum and an official action of the commission may be taken by a majority vote of the quorum.
[ 2023 c 37 s 1; 2011 1st sp.s. c 21 s 24; 1999 c 247 s 1; 1995 c 390 s 1.]
Notes:
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.

catchline: Commission on integrated pest management—Established—Composition—Duration of membership—Compensation.


title: RCW 15.92.095

text:
(1) This subsection applies to the use of state appropriations made to or legislatively intended for the commission on integrated pest management and to any other moneys appropriated by the state and received by the commission on integrated pest management:
(a) The moneys may not be expended without the express approval of the commission on integrated pest management;
(b) The moneys may be used for: (i) Evaluations, studies, or investigations approved by the commission on integrated pest management regarding the registration or reregistration of pesticides for minor crops or minor uses or regarding the availability of pesticides for emergency uses. These evaluations, studies, or investigations may be conducted by the food and environmental quality laboratory or may be secured by the commission from other qualified laboratories, researchers, or contractors by contract, which contracts may include, but are not limited to, those purchasing the use of proprietary information; (ii) evaluations, studies, or investigations approved by the commission regarding research, implementation, and demonstration of any aspect of integrated pest management and pesticide resistance management programs; (iii) the tracking system described in RCW 15.92.060; and (iv) the support of the commission on integrated pest management and its activities; and
(c) Not less than 25 percent of such moneys shall be dedicated to studies or investigations concerning the registration or use of pesticides for crops that are not among the top 20 agricultural commodities in production value produced in the state, as determined annually by the Washington agricultural statistics service.
(2) The commission on integrated pest management shall establish priorities to guide it in approving the use of moneys for evaluations, studies, and investigations under this section. Each biennium, the commission shall prepare a contingency plan for providing funding for laboratory studies or investigations that are necessary to pesticide registrations or related processes that will address emergency conditions for agricultural crops that are not generally predicted at the beginning of the biennium.
[ 2023 c 37 s 2; 1999 c 247 s 2; 1995 c 390 s 2.]

catchline: Commission on integrated pest management—State appropriations—Restrictions on use of state money—Commission approval required.


title: RCW 15.92.100

text:
The commission on integrated pest management shall:
(1) Provide guidance to the food and environmental quality laboratory established in RCW 15.92.050 regarding the laboratory's studies, investigations, and evaluations concerning the registration of pesticides for use in this state for minor crops and minor uses and concerning the availability of pesticides for emergency uses;
(2) Encourage agricultural organizations to assist in providing funding, in-kind services, or materials for laboratory studies and investigations concerning the registration of pesticides and research, implementation, and demonstration of any aspect of integrated pest management and pesticide resistance management programs for minor crops and minor uses that would benefit the organizations;
(3) Provide guidance to the laboratory regarding a program for: Tracking the availability of effective pesticides for minor crops, minor uses, and emergency uses; providing this information to organizations of agricultural producers; and maintaining close contact between the laboratory, the department of agriculture, and organizations of agricultural producers regarding the need for research to support the registration of pesticides for minor crops and minor uses and the availability of pesticides for emergency uses;
(4) Ensure that the activities of the commission and the laboratory are coordinated with the activities of other laboratories in the Pacific Northwest, the United States department of agriculture, and the United States environmental protection agency to maximize the effectiveness of regional efforts to assist in the registration of pesticides for minor crops and minor uses and in providing for the availability of pesticides for emergency uses for the region and the state; and
(5) Ensure that prior to approving any residue study that there is written confirmation of registrant support and willingness or ability to add the given minor crop to its label including any restrictions or guidelines the registrant intends to impose.
[ 2023 c 37 s 3; 1999 c 247 s 3; 1995 c 390 s 3.]

catchline: Commission on integrated pest management—Duties.


title: RCW 15.92.110

text:
The commission on integrated pest management, and Washington State University on behalf of the commission, may receive such gifts, grants, and endowments from public or private sources as may be used from time to time, in trust or otherwise, for the use and benefit of the commission and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.
[ 2023 c 37 s 5; 1995 c 390 s 7.]

catchline: Commission on integrated pest management—Receipt of gifts, grants, and endowments.


title: RCW 16.04.010

text:
Any person suffering damage done by any horses, mules, donkeys, cattle, goats, sheep, swine, or any such animals, which shall either trespass upon any land enclosed by lawful fence as provided in chapter 16.60 RCW or trespass while running at large in violation of chapter 16.24 RCW may retain and keep in custody such offending animals until the owner or person having possession of such animals shall pay such damage and costs, or until good and sufficient security be given for the same.
[ 1989 c 286 s 1; 1925 ex.s. c 56 s 1; 1893 c 31 s 1; RRS s 3090.]
Notes:
Severability—1989 c 286: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 286 s 26.]
Damages to stock on unfenced railroad: RCW 81.52.050 through 81.52.070.
Pleading answer in action to recover property distrained: RCW 4.36.140.

catchline: Trespassing animals—Restraint—Damages and costs.


title: RCW 16.04.015

text:
Except as provided under RCW 16.04.100, whenever any animals trespass as provided in RCW 16.04.010, the owner or person having possession of such animal shall be liable for all damages the owner or occupant may sustain by reason of such trespass.
[ 1994 c 263 s 1; 1989 c 286 s 2.]
Notes:
Severability—1989 c 286: See note following RCW 16.04.010.

catchline: Damages, liability.


title: RCW 16.04.020

text:
Whenever any animals are restrained as provided in RCW 16.04.010, the person restraining such animals shall within twenty-four hours thereafter notify in writing the owner, or person in whose custody the same was at the time the trespass was committed, of the seizure of such animals, and the probable amount of the damages sustained: PROVIDED, He or she knows to whom such animals belong.
[ 2011 c 336 s 418; 1893 c 31 s 2; RRS s 3091. FORMER PART OF SECTION: 1925 ex.s. c 56 s 2; 1893 c 31 s 3; RRS s 3092, now codified as RCW 16.04.025.]

catchline: Notice of restraint—Owner known.


title: RCW 16.04.025

text:
If the owner or the person having in charge or possession such animals is unknown to the person sustaining the damage, the person retaining such animals shall, within twenty-four hours, notify the county sheriff or the nearest state brand inspector as to the number, description, and location of the animals. The county sheriff or brand inspector shall examine the animals by brand, tattoo, or other identifying characteristics and attempt to ascertain ownership. If the animal is marked with a brand or tattoo which is registered with the director of agriculture, the brand inspector or county sheriff shall furnish this information and other pertinent information to the person holding the animals who in turn shall send the notice required in RCW 16.04.020 to the animals' owner of record by certified mail.
If the county sheriff or the brand inspector determines that there is no apparent damage to the property of the person retaining the animals, or if the person sustaining the damage contacts the county sheriff or brand inspector to have the animals removed from his or her property, such animals shall be removed in accordance with chapter 16.24 RCW. Such removal shall not prejudice the property owner's ability to recover damages through civil suit.
[ 1989 c 286 s 21; 1985 c 415 s 24; 1925 ex.s. c 56 s 2; 1893 c 31 s 3; RRS s 3092. Formerly RCW 16.04.020, part.]
Notes:
Severability—1989 c 286: See note following RCW 16.04.010.

catchline: Owner of animals unknown—Procedure.


title: RCW 16.04.030

text:
If the owner or person having such animals in charge fails or refuses to pay the damages done by such animals, and the costs, or give satisfactory security for the same within twenty-four hours from the time the notice was served, if served personally, or in case of horses, mares, mules and asses, within twenty-four hours from the time such notice was posted, if served by posting the same, and in case of cattle, goats, sheep and swine within ten days from the time of such posting, the person damaged may commence a suit, before any court having jurisdiction thereof, against the owner of such animals, or against the persons having the same in charge, or possession, when the trespass was committed, if known; and if unknown the defendant shall be designated as John Doe, and the proceedings shall be the same in all respects as in other civil actions, except as modified in RCW 16.04.010 through 16.04.070. If such suit is commenced in superior court the summons shall require the defendant to appear within five days from the date of service of such summons, if served personally.
[ 1925 ex.s. c 56 s 3; 1893 c 31 s 4; RRS s 3093.]

catchline: Actions for damages.


title: RCW 16.04.040

text:
District judges shall have exclusive jurisdiction of all actions and proceedings under RCW 16.04.010 through 16.04.070 when the damages claimed do not exceed one hundred dollars: PROVIDED, HOWEVER, That any party considering himself or herself aggrieved shall have the right of appeal to the superior court as in other cases.
[ 1987 c 202 s 177; 1893 c 31 s 9; RRS s 3098.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Jurisdiction—Appeal.


title: RCW 16.04.045

text:
If upon the trial it appears that the defendant is not the owner or person in charge of such offending animals, the case shall be continued, and proceedings had as in RCW 16.04.050 provided, if the proper defendant be unknown to plaintiff.
[ 1893 c 31 s 6; RRS s 3095. Formerly RCW 16.04.050, part.]

catchline: Continuance.


title: RCW 16.04.050

text:
If the owner or keeper of such offending animals is unknown to plaintiff at the commencement of the action, or if on the trial it appears that the defendant is not the proper party, defendant, and the proper party is unknown, service of the summons or notice shall be made by publication, by publishing a copy of the summons or notice, with a notice attached, stating the object of the action and giving a description of the animals seized, in a newspaper of general circulation in the area where the plaintiff resides less than ten days previous to the day of trial.
[ 1985 c 469 s 8; 1893 c 31 s 7; RRS s 3096. FORMER PART OF SECTION: 1893 c 31 s 6; RRS s 3095, now codified as RCW 16.04.045.]

catchline: Substituted service.


title: RCW 16.04.060

text:
Upon the trial of an action as herein provided [RCW 16.04.010 through 16.04.070] the plaintiff shall prove the amount of damages sustained and the amount of expenses incurred for keeping the offending animals, and any judgment rendered for damages, costs, and expenses against the defendant shall be a lien upon such animals committing the damage, and the same may be sold and the proceeds shall be applied in full satisfaction of the judgment as in other cases of sale of personal property on execution: PROVIDED, That no judgment shall be continued against the defendant for any deficiency over the amount realized on the sale of such animals, if it shall appear upon the trial that no damage was sustained, or that a tender was made and paid into court of an amount equal to the damage and costs, then judgment shall be rendered against the plaintiff for costs of suit and damage sustained by defendant.
[ 1893 c 31 s 5; RRS s 3094.]

catchline: Sale—When costs may be charged to plaintiff.


title: RCW 16.04.070

text:
If when such animals are sold, there remains a surplus of money, over the amount of the judgment and costs, it shall be deposited with the county treasurer, by the officer making the sale, and if the owner of such animals does not appear and call for the same, within six months from the day of sale, it shall be paid into the school fund, for the use of the public schools of said county.
[ 1893 c 31 s 8; RRS s 3097.]

catchline: Surplus—Disposition.


title: RCW 16.04.080

text:
It shall be unlawful for the owner of any livestock to allow such livestock to run at large or be upon any United States military reservation upon which field artillery firing or other target practice with military weapons is conducted. Any owner who permits livestock to run at large or be upon any such reservation shall do so at the risk of such owner and such owner shall have no claim for damages if such livestock is injured or destroyed while so running at large on such reservation: PROVIDED, HOWEVER, That the commanding officer of any such United States military reservation may issue permits for specific areas and for specific periods of time when firing will not be conducted thereon authorizing the owner of such livestock to permit the same to run at large or be upon any such military reservation.
[ 1937 c 101 s 1; RRS s 3068-1.]

catchline: Stock on United States military reservation.


title: RCW 16.04.100

text:
If damages are caused by a trespassing animal, neither the state nor the owner of the animal shall be liable if the owner of the animal can prove that the trespass is due to damage caused by wildlife to a lawful fence and, in a stock restricted area, the owner of the animal did not have a reasonable opportunity to repair the fence. The state shall pay all costs of transportation, advertising, legal proceedings, and keep of an animal that has been restrained pursuant to RCW 16.04.010. Claims filed under this section shall be processed according to the procedures under chapter 4.92 RCW.
[ 1994 c 263 s 3.]

catchline: Trespass via fence damaged by wildlife.


title: RCW 16.08.010

text:
The owner or keeper of any dog shall be liable to the owner of any animal killed or injured by such dog for the amount of damages sustained and costs of collection, to be recovered in a civil action.
[ 1985 c 415 s 14; 1929 c 198 s 5; RRS s 3106. Prior: 1919 c 6 s 5; RCS s 3106.]

catchline: Liability for injury to stock by dogs.


title: RCW 16.08.020

text:
It shall be lawful for any person who shall see any dog or dogs chasing, biting, injuring or killing any sheep, swine or other domestic animal, including poultry, belonging to such person, on any real property owned or leased by, or under the control of, such person, or on any public highway, to kill such dog or dogs, and it shall be the duty of the owner or keeper of any dog or dogs so found chasing, biting or injuring any domestic animal, including poultry, upon being notified of that fact by the owner of such domestic animals or poultry, to thereafter keep such dog or dogs in leash or confined upon the premises of the owner or keeper thereof, and in case any such owner or keeper of a dog or dogs shall fail or neglect to comply with the provisions of this section, it shall be lawful for the owner of such domestic animals or poultry to kill such dog or dogs found running at large.
[ 1929 c 198 s 6; RRS s 3107. Prior: 1919 c 6 s 6; 1917 c 161 s 6; RCS s 3107.]

catchline: Dogs injuring stock may be killed.


title: RCW 16.08.040

text:
(1) The owner of any dog which shall bite any person while such person is in or on a public place or lawfully in or on a private place including the property of the owner of such dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.
(2) This section does not apply to the lawful application of a police dog, as defined in RCW 4.24.410.
[ 2012 c 94 s 1; 1941 c 77 s 1; Rem. Supp. 1941 s 3109-1.]

catchline: Dog bites—Liability.


title: RCW 16.08.050

text:
A person is lawfully upon the private property of such owner within the meaning of RCW 16.08.040 when such person is upon the property of the owner with the express or implied consent of the owner: PROVIDED, That said consent shall not be presumed when the property of the owner is fenced or reasonably posted.
[ 1979 c 148 s 1; 1941 c 77 s 2; Rem. Supp. 1941 s 3109-2.]

catchline: Entrance on private property, when lawful.


title: RCW 16.08.060

text:
Proof of provocation of the attack by the injured person shall be a complete defense to an action for damages.
[ 1941 c 77 s 3; Rem. Supp. 1941 s 3109-3.]

catchline: Provocation as a defense.


title: RCW 16.08.070

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 16.08.070 through 16.08.100.
(1) "Potentially dangerous dog" means any dog that when unprovoked: (a) Inflicts bites on a human or a domestic animal either on public or private property, or (b) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals.
(2) "Dangerous dog" means any dog that (a) inflicts severe injury on a human being without provocation on public or private property, (b) kills a domestic animal without provocation while the dog is off the owner's property, or (c) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans.
(3) "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
(4) "Proper enclosure of a dangerous dog" means, while on the owner's property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.
(5) "Animal control authority" means an entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county, and state and the shelter and welfare of animals.
(6) "Animal control officer" means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
(7) "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.
[ 2002 c 244 s 1; 1987 c 94 s 1.]
Notes:
Severability—1987 c 94: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 94 s 6.]

catchline: Dangerous dogs and related definitions.


title: RCW 16.08.080

text:
(1) Any city or county that has a notification and appeal procedure with regard to determining a dog within its jurisdiction to be dangerous may continue to utilize or amend its procedure. A city or county animal control authority that does not have a notification and appeal procedure in place as of June 13, 2002, and seeks to declare a dog within its jurisdiction, as defined in subsection (7) of this section, to be dangerous must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested.
(2) The notice must state: The statutory basis for the proposed action; the reasons the authority considers the animal dangerous; a statement that the dog is subject to registration and controls required by this chapter, including a recitation of the controls in subsection (6) of this section; and an explanation of the owner's rights and of the proper procedure for appealing a decision finding the dog dangerous.
(3) Prior to the authority issuing its final determination, the authority shall notify the owner in writing that he or she is entitled to an opportunity to meet with the authority, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous. The notice shall state the date, time, and location of the meeting, which must occur prior to expiration of fifteen calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the fifteen-day time period set forth in this section. After such meeting, the authority must issue its final determination, in the form of a written order, within fifteen calendar days. In the event the authority declares a dog to be dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner's last address known to the authority.
(4) If the local jurisdiction has provided for an administrative appeal of the final determination, the owner must follow the appeal procedure set forth by that jurisdiction. If the local jurisdiction has not provided for an administrative appeal, the owner may appeal a municipal authority's final determination that the dog is dangerous to the municipal court, and may appeal a county animal control authority's or county sheriff's final determination that the dog is dangerous to the district court. The owner must make such appeal within twenty days of receiving the final determination. While the appeal is pending, the authority may order that the dog be confined or controlled in compliance with RCW 16.08.090. If the dog is determined to be dangerous, the owner must pay all costs of confinement and control.
(5) It is unlawful for an owner to have a dangerous dog in the state without a certificate of registration issued under this section. This section and RCW 16.08.090 and 16.08.100 shall not apply to police dogs as defined in RCW 4.24.410.
(6) Unless a city or county has a more restrictive code requirement, the animal control authority of the city or county in which an owner has a dangerous dog shall issue a certificate of registration to the owner of such animal if the owner presents to the animal control unit sufficient evidence of:
(a) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog;
(b) A surety bond issued by a surety insurer qualified under chapter 48.28 RCW in a form acceptable to the animal control authority in the sum of at least two hundred fifty thousand dollars, payable to any person injured by the dangerous dog; or
(c) A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under Title 48 RCW in the amount of at least two hundred fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog.
(7)(a)(i) If an owner has the dangerous dog in an incorporated area that is serviced by both a city and a county animal control authority, the owner shall obtain a certificate of registration from the city authority;
(ii) If an owner has the dangerous dog in an incorporated or unincorporated area served only by a county animal control authority, the owner shall obtain a certificate of registration from the county authority;
(iii) If an owner has the dangerous dog in an incorporated or unincorporated area that is not served by an animal control authority, the owner shall obtain a certificate of registration from the office of the local sheriff.
(b) This subsection does not apply if a city or county does not allow dangerous dogs within its jurisdiction.
(8) Cities and counties may charge an annual fee, in addition to regular dog licensing fees, to register dangerous dogs.
(9) Nothing in this section limits a local authority in placing additional restrictions upon owners of dangerous dogs. This section does not require a local authority to allow a dangerous dog within its jurisdiction.
[ 2002 c 244 s 2; 1989 c 26 s 3; 1987 c 94 s 2.]
Notes:
Severability—1987 c 94: See note following RCW 16.08.070.

catchline: Dangerous dogs—Notice to owners—Right of appeal—Certificate of registration required—Surety bond—Liability insurance—Restrictions.


title: RCW 16.08.090

text:
(1) It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.
(2) Potentially dangerous dogs shall be regulated only by local, municipal, and county ordinances. Nothing in this section limits restrictions local jurisdictions may place on owners of potentially dangerous dogs.
(3) Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.
[ 1987 c 94 s 3.]
Notes:
Severability—1987 c 94: See note following RCW 16.08.070.

catchline: Dangerous dogs—Requirements for restraint—Potentially dangerous dogs—Dogs not declared dangerous.


title: RCW 16.08.100

text:
(1) Any dangerous dog shall be immediately confiscated by an animal control authority if the: (a) Dog is not validly registered under RCW 16.08.080; (b) owner does not secure the liability insurance coverage required under RCW 16.08.080; (c) dog is not maintained in the proper enclosure; or (d) dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person. The owner must pay the costs of confinement and control. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within twenty days. The animal control authority shall destroy the confiscated dangerous dog in an expeditious and humane manner if any deficiencies required by this subsection are not corrected within twenty days of notification. In addition, the owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021.
(2) If a dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or another domestic animal, the dog's owner is guilty of a class C felony, punishable in accordance with RCW 9A.20.021. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that he or she was in compliance with the requirements for ownership of a dangerous dog pursuant to this chapter and the person or domestic animal attacked or bitten by the defendant's dog trespassed on the defendant's real or personal property or provoked the defendant's dog without justification or excuse. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
(3) The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether or not the dog has previously been declared potentially dangerous or dangerous, shall, upon conviction, be guilty of a class C felony punishable in accordance with RCW 9A.20.021. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the human severely injured or killed by the defendant's dog: (a) Trespassed on the defendant's real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog; or (b) provoked the defendant's dog without justification or excuse on the defendant's real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog. In such a prosecution, the state has the burden of showing that the owner of the dog either knew or should have known that the dog was potentially dangerous as defined in this chapter. The state may not meet its burden of proof that the owner should have known the dog was potentially dangerous solely by showing the dog to be a particular breed or breeds. In addition, the dog shall be immediately confiscated by an animal control authority, quarantined, and upon conviction of the owner destroyed in an expeditious and humane manner.
[ 2020 c 158 s 1; 2002 c 244 s 3; 1987 c 94 s 4.]
Notes:
Severability—1987 c 94: See note following RCW 16.08.070.

catchline: Dangerous dogs—Confiscation—Conditions—Duties of animal control authority—Penalties and affirmative defenses for owners of dogs that attack.


title: RCW 16.08.110

text:
(1) A city or county may not prohibit the possession of a dog based upon its breed, impose requirements specific to possession of a dog based upon its breed, or declare a dog dangerous or potentially dangerous based on its breed unless all of the following conditions are met:
(a) The city or county has established and maintains a reasonable process for exempting any dog from breed-based regulations or a breed ban if the dog passes the American kennel club canine good citizen test or a reasonably equivalent canine behavioral test as determined by the city or county;
(b) Dogs that pass the American kennel club canine good citizen test or a reasonably equivalent canine behavioral test are exempt from breed-based regulations for a period of at least two years;
(c) Dogs that pass the American kennel club canine good citizen test or a reasonably equivalent canine behavioral test are given the opportunity to retest to maintain their exemption from breed-based regulations; and
(d) Dogs that fail the American kennel club canine good citizen test or a reasonably equivalent canine behavioral test are given the opportunity to retest within a reasonable period of time, as determined by the city or county.
(2) This section does not apply to the act of documenting either a dog's breed or its physical appearance, or both, solely for identification purposes when declaring a dog dangerous or potentially dangerous.
(3) For the purpose of this section, "dog" means a domesticated member of the family canidae, specifically species Canus lupus familiaris, and excludes nondomesticated members of the family canidae and any hybrids thereof, including but not limited to wolves, coyotes, wolf-dog hybrids, and coyote-dog hybrids.
[ 2019 c 199 s 2.]
Notes:
Findings—Intent—2019 c 199: "(1) A number of local jurisdictions have enacted ordinances prohibiting or placing additional restrictions on specific breeds of dogs. While the legislature recognizes that local jurisdictions have a valid public safety interest in protecting citizens from dog attacks, the legislature finds that a dog's breed is not inherently indicative of whether or not a dog is dangerous and that the criteria for determining whether or not a dog is dangerous or potentially dangerous should be focused on the dog's behavior.
(2) The legislature further finds that breed-specific ordinances fail to address the factors that cause dogs to become aggressive and place an undue hardship on responsible dog owners who provide proper socialization and training. The legislature intends to encourage local jurisdictions to more effectively and fairly control dangerous dogs and enhance public safety by focusing on dogs' behavior rather than their breeds." [ 2019 c 199 s 1.]
Effective date—2019 c 199: "This act takes effect January 1, 2020." [ 2019 c 199 s 3.]

catchline: Breed-based regulations.


title: RCW 16.10.010

text:
The purpose of this chapter is to provide for the licensing of dogs within specific areas of particular counties.
[ 1969 c 72 s 1.]

catchline: Purpose.


title: RCW 16.10.020

text:
County commissioners may, if the situation so requires, establish dog control zones within high-density population districts, or other specified areas, of a county outside the corporate limits of any city, and outside the corporate limits of any organized township. For such zones, licensing regulations may be established which shall not necessarily be operative in sparsely settled rural districts, or in other portions of the county where they may not be needed. In determining the need for such zones, and in drawing their boundaries, county commissioners shall take into consideration the following factors:
(1) The density of population in the area proposed to be zoned;
(2) Zoning regulations, if any, in force in the area proposed to be zoned;
(3) The public health, safety and welfare within the area proposed to be zoned.
If the commissioners shall find that the area proposed to be zoned is heavily populated, or that the purposes for which the land is being used therein require that dogs be controlled, or that the health, safety, and welfare of the people in the area require such control, they may propose the establishment of a dog control zone.
[ 1969 c 72 s 2.]

catchline: Dog control zones—Determination of need by county commissioners.


title: RCW 16.10.030

text:
In determining whether a dog control zone should be established, the county commissioners shall call a public hearing, notice of which shall be published once a week for each of four consecutive weeks prior thereto in a newspaper of general circulation within the proposed zone. At such a hearing, proponents and opponents of the proposed dog control zone may appear and present their views. The final decision of the commissioners with respect to the establishment of such a zone shall not be made until the conclusion of the hearing.
[ 1969 c 72 s 3.]

catchline: Dog control zones—Public hearing, publication of notice.


title: RCW 16.10.040

text:
The county commissioners shall by ordinance promulgate the regulations to be enforced within a dog control zone. These shall include provisions for the control of unlicensed dogs and the establishment of license fees. The county sheriff and/or other agencies designated by the county commissioners shall be responsible for the enforcement of the act, including the collection of license fees. Fees collected shall be transferred to the current expense fund of each county.
[ 1969 c 72 s 4.]

catchline: Dog control zones—Regulations—License fees, collection, disposition.


title: RCW 16.24.010

text:
The county legislative authority of any county of this state shall have the power to designate by an order made and published, as provided in RCW 16.24.030, certain territory as stock restricted area within such county in which it shall be unlawful to permit livestock of any kind to run at large. No territory so designated shall be less than two square miles in area. RCW 16.24.010 through 16.24.065 shall not affect counties having adopted township organization. All territory not so designated shall be range area, in which it shall be lawful to permit cattle, horses, mules, or donkeys to run at large: PROVIDED, That the county legislative authority may designate areas where it shall be unlawful to permit any livestock other than cattle to run at large.
[ 1989 c 286 s 4; 1937 c 40 s 1; 1911 c 25 s 1; RRS s 3068. Prior: 1907 c 230 s 1; 1905 c 91 s 1; R & B s 3166.]
Notes:
Severability—1989 c 286: See note following RCW 16.04.010.

catchline: Restricted areas—Range areas.


title: RCW 16.24.020

text:
*Within sixty days after the taking effect of RCW 16.24.010 through 16.24.065, the county legislative authority of each of the several counties of the state may make an order fixing a time and place when a hearing will be had, notice of which shall be published at least once each week for two successive weeks in some newspaper having a general circulation within the county. It shall be the duty of the county legislative authority at the time fixed for such hearing, or at the time to which such hearing may be adjourned, to hear all persons interested in the establishment of range areas or stock restricted areas as defined in RCW 16.24.010 through 16.24.065.
[ 1989 c 286 s 5; 1937 c 40 s 2; 1923 c 33 s 1; 1911 c 25 s 2; RRS s 3069.]
Notes:
*Reviser's note: RCW 16.24.010 through 16.24.065 took effect March 1, 1937.
Severability—1989 c 286: See note following RCW 16.04.010.

catchline: Hearing—Notice.


title: RCW 16.24.030

text:
Within thirty days after the conclusion of any such hearing the county legislative authority shall make an order describing the stock restricted areas within the county where livestock may not run at large, which order shall be entered upon the records of the county and published in a newspaper having general circulation in such county at least once each week for four successive weeks.
[ 1989 c 286 s 6; 1937 c 40 s 3; 1923 c 33 s 2; 1911 c 25 s 3; RRS s 3070.]
Notes:
Severability—1989 c 286: See note following RCW 16.04.010.

catchline: Order establishing area—Publication.


title: RCW 16.24.040

text:
Any person, or any agent, employee or representative of a corporation, violating any of the provisions of such order after the same shall have been published or posted as provided in RCW 16.24.030 or, violating any provision of this chapter, shall be guilty of a misdemeanor.
[ 1975 c 38 s 1; 1911 c 25 s 4; RRS s 3071.]

catchline: Penalty.


title: RCW 16.24.050

text:
When the county legislative authority of any county deem[s] it advisable to change the boundary or boundaries of any stock restricted area, a hearing shall be held in the same manner as provided in RCW 16.24.020. If the county legislative authority decides to change the boundary or boundaries of any stock restricted area or areas, it shall within thirty days after the conclusion of such hearing make an order describing said change or changes. Such order shall be entered upon the records of the county and published in a newspaper having general circulation in such county once each week for four successive weeks.
[ 1989 c 286 s 7; 1937 c 40 s 4; 1923 c 93 s 1; RRS s 3070-1.]
Notes:
Severability—1989 c 286: See note following RCW 16.04.010.

catchline: Change of boundaries.


title: RCW 16.24.060

text:
At the point where a public road enters a range area, and at such other points thereon within such area as the county legislative authority shall designate, there shall be erected a road sign bearing the words: "RANGE AREA. WATCH OUT FOR LIVESTOCK."
[ 1989 c 286 s 8; 1937 c 40 s 5; RRS s 3070-2.]
Notes:
Severability—1989 c 286: See note following RCW 16.04.010.

catchline: Road signs in range areas.


title: RCW 16.24.065

text:
(1) No person owning or in control of any livestock shall willfully or negligently allow such livestock to run at large in any stock restricted area or to wander or stray upon the right-of-way of any public highway lying within a stock restricted area when not in the charge of some person.
(2) Livestock may run at large upon lands belonging to the state of Washington or the United States only when the owner of the livestock has been granted grazing privileges in writing.
[ 1989 c 286 s 9; 1985 c 415 s 20; 1937 c 40 s 6; RRS s 3070-3. Formerly RCW 16.24.070, part.]
Notes:
Severability—1989 c 286: See note following RCW 16.04.010.

catchline: Stock at large in restricted areas—Running at large on state or federal land.


title: RCW 16.24.070

text:
It shall be unlawful for any person to herd or move any livestock over, along or across the right-of-way of any public highway, or portion thereof, within any stock restricted area, without having in attendance a sufficient number of persons to control the movement of such livestock and to warn or otherwise protect vehicles traveling upon such public highway from any danger by reason of such livestock being herded or moved thereon.
[ 1989 c 286 s 10; 1937 c 189 s 127; RRS s 6360-127, part. Prior: 1927 c 309 s 41, part; RRS s 6362-41, part. FORMER PART OF SECTION: 1937 c 40 s 6; RRS s 3070-3, now codified as RCW 16.24.065. Formerly RCW 16.24.070 and 16.24.080.]
Notes:
Severability—1989 c 286: See note following RCW 16.04.010.

catchline: Stock on highway right-of-way—Limitations.


title: RCW 16.24.090

text:
Except as provided in chapter 16.24 RCW, a person who owns or has possession, charge, or control of horses, mules, donkeys, cattle, goats, sheep or swine shall not negligently allow them to run at large at any time or within any territory. It shall not be necessary for any person to fence against such animals, and it shall be no defense to any action or proceedings brought pursuant to this chapter or chapter 16.04 RCW that the party injured by or restraining such animals did not have his or her lands enclosed by a lawful fence: PROVIDED, That such animals may be driven upon the highways while in charge of sufficient attendants.
[ 1989 c 286 s 14; 1911 c 25 s 5; RRS s 3072. Formerly RCW 16.12.010, part.]
Notes:
Severability—1989 c 286: See note following RCW 16.04.010.

catchline: Animals at large—Limitations—Defense.


title: RCW 16.24.100

text:
In any prosecution under chapter 16.24 RCW proof that the animal running at large is branded with the registered or known brand of the defendant shall be prima facie evidence that the defendant is the owner of said animal.
[ 1989 c 286 s 3; 1895 c 124 s 2; RRS s 3086. Formerly RCW 16.16.020.]
Notes:
Severability—1989 c 286: See note following RCW 16.04.010.

catchline: Prosecution—Proof of ownership.


title: RCW 16.24.110

text:
Any horses, mules, donkeys, or cattle of any age running at large or trespassing in violation of chapter 16.24 RCW as now or hereafter amended, which are not restrained as provided by RCW 16.04.010, are declared to be a public nuisance. The sheriff of the county where found and the nearest brand inspector shall have authority to impound such animals which are not restrained as provided by RCW 16.04.010.
[ 1989 c 286 s 11; 1985 c 415 s 16; 1979 c 154 s 6; 1975 1st ex.s. c 7 s 14; 1951 c 31 s 2. Formerly RCW 16.13.020.]
Notes:
Severability—1989 c 286: See note following RCW 16.04.010.
Severability—1979 c 154: See note following RCW 15.49.330.

catchline: Public nuisance—Impounding.


title: RCW 16.24.120

text:
Upon taking possession of any livestock at large contrary to the provisions of this chapter, or any unclaimed livestock submitted or impounded, by any person, at any public livestock market or any other facility approved by the director, the sheriff or brand inspector shall cause it to be transported to and impounded at the nearest public livestock market licensed under chapter 16.65 RCW or at such place as approved by the director. If the sheriff has impounded an animal in accordance with this section, he or she shall forthwith notify the nearest brand inspector of the department of agriculture, who shall examine the animal and, by brand, tattoo, or other identifying characteristic, shall attempt to ascertain the ownership thereof.
[ 2012 c 25 s 5. Prior: 2011 c 336 s 419; 2011 c 103 s 11; 1989 c 286 s 12; 1979 c 154 s 7; 1975 1st ex.s. c 7 s 15; 1951 c 31 s 3. Formerly RCW 16.13.030.]
Notes:
Purpose—2011 c 103: See note following RCW 15.26.120.
Severability—1989 c 286: See note following RCW 16.04.010.
Severability—1979 c 154: See note following RCW 15.49.330.

catchline: Impounding—Procedure.


title: RCW 16.24.130

text:
The brand inspector shall cause to be published once in a newspaper published in the county where the animal was found, a notice of the impounding.
The notice shall state:
(1) A description of the animal, including brand, tattoo or other identifying characteristics;
(2) When and where found;
(3) Where impounded; and
(4) That if unclaimed, the animal will be sold at a public livestock market sale or other public sale, and the date of such sale: PROVIDED, That if no newspaper shall be published in such county, copies of the notice shall be posted at four commonly frequented places therein.
If the animal is marked with a brand or tattoo which is registered with the director of agriculture, the brand inspector, on or before the date of publication or posting, shall send a copy of the notice to the owner of record by registered mail.
[ 1995 c 374 s 69; 1975 1st ex.s. c 7 s 16; 1951 c 31 s 4. Formerly RCW 16.13.040.]
Notes:
Effective date—1995 c 374 ss 69, 70, and 72-79: "Sections 69, 70, and 72 through 79 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 16, 1995]." [ 1995 c 374 s 82.]

catchline: Impounding—Notice—Copy to owner.


title: RCW 16.24.140

text:
Upon claiming any animal impounded under this chapter, the owner shall pay all costs of transportation, advertising, legal proceedings, and keep of the animal, except as provided under RCW 16.04.100.
[ 1994 c 263 s 2; 1989 c 286 s 13; 1951 c 31 s 5. Formerly RCW 16.13.050.]
Notes:
Severability—1989 c 286: See note following RCW 16.04.010.

catchline: Impounding—Owner to pay costs.


title: RCW 16.24.150

text:
If no person shall claim the animal within ten days after the date of publication or posting of the notice, it shall be sold at the next succeeding public livestock market sale to be held at the sales yard where impounded, provided that in the director's discretion the department of agriculture may otherwise cause the animal to be sold at public sale.
The legislature intends this to be a clarification of existing law; therefore, this section shall have retroactive effect as of December 1, 1994.
[ 1995 c 374 s 70; 1975 1st ex.s. c 7 s 17; 1951 c 31 s 6. Formerly RCW 16.13.060.]
Notes:
Effective date—1995 c 374 ss 69, 70, and 72-79: See note following RCW 16.24.130.

catchline: Sale of impounded animal—Retroactive effect.


title: RCW 16.24.160

text:
The proceeds of the sale of animals impounded under this chapter, after deducting the costs of sale, shall be impounded in the estray fund of the department of agriculture, and if no valid claim is made within one year from the date of sale, the director of the department of agriculture shall transfer the proceeds of sale to the brand fund of the department to be used for the enforcement of this chapter.
[ 1985 c 415 s 17; 1951 c 31 s 7. Formerly RCW 16.13.070.]

catchline: Conduct of sale—Disposition of proceeds.


title: RCW 16.24.170

text:
No law enforcement officer shall, directly or indirectly, purchase any animal sold under the provisions of this chapter, or any interest therein.
[ 1951 c 31 s 8. Formerly RCW 16.13.080.]

catchline: Purchase of animal, restrictions.


title: RCW 16.24.180

text:
It shall be lawful for any person having cows or heifers running at large in this state to take up or capture and castrate, at the risk of the owner, at any time between the first day of March and the fifteenth day of May, any bull above the age of ten months found running at large out of the enclosed grounds of the owner or keeper. It shall be lawful for any person to take up or capture and geld, at the risk of the owner, between April 1st and September 30th of any year, any stud horse or jackass or any male mule above the age of eighteen months found running at large out of the enclosed grounds of the owner or keeper. If the said animal shall die, as a result of such castration, the owner shall have no recourse against the person who shall have taken up or captured and castrated, or caused to be castrated, the said animal: PROVIDED, Such act of castration shall have been skillfully done by a person accustomed to doing the same: AND PROVIDED FURTHER, That if the person so taking up or capturing such animal, or causing it to be so taken up or captured, shall know the owner or keeper of such animal, and shall know that said animal is being kept for breeding purposes, it shall be his or her duty forthwith to notify such owner or keeper of the taking up of said animal, and if such owner or keeper shall not within two days after being so notified pay for the reasonable costs of keeping of said animal, and take and safely keep said animal thereafter within his or her own enclosures, then it shall be lawful for the taker-up of said animal to castrate the same, and the owner thereof shall pay a reasonable sum for such act of castration, if done skillfully, as hereinbefore required, and shall also pay for the keeping of said animal as above provided, and the amount for which he or she may be liable therefor may be recovered in an action at law in any court having jurisdiction thereof: AND PROVIDED FURTHER, That if said animal should be found running at large a third time within the same year, and within the prohibited dates hereinbefore mentioned, it shall be lawful for any person to capture and castrate the animal without giving any notice to the owner or keeper whatever. For purposes of this section, geld and castrate shall have the same meaning.
[ 2011 c 336 s 420; 1989 c 286 s 15; 1965 c 66 s 4; 1890 p 453 s 1; RRS s 3081. Formerly RCW 16.20.010.]
Notes:
Severability—1989 c 286: See note following RCW 16.04.010.

catchline: Castration or gelding of stock at large.


title: RCW 16.24.190

text:
It shall be unlawful for any person, firm, association or corporation to turn upon or allow to run at large on any range area in this state any bull other than a registered bull of a recognized beef breed. All persons running cattle in common on any range area may, however, agree to run any purebred or crossbred bull of any breed, registered or unregistered, as they may deem appropriate for their area.
[ 1986 c 177 s 1; 1985 c 415 s 18; 1917 c 111 s 1; RRS s 3082. Formerly RCW 16.20.020.]

catchline: Bull breed restrictions.


title: RCW 16.24.200

text:
Before any person, firm, association or corporation turns upon a range area in this state any female cattle of breeding age of more than fifteen in number, they shall procure and turn with said female breeding cattle one registered bull of recognized beef breed for every forty females or fraction thereof of twenty-five or over. All persons running cattle in common on any range area may, however, agree to any other proportion of bulls to female cattle of breeding age as they may deem appropriate for their area.
[ 1986 c 177 s 2; 1917 c 111 s 2; RRS s 3083. Formerly RCW 16.20.030.]

catchline: Bull ratio restrictions.


title: RCW 16.24.210

text:
RCW 16.24.190 and 16.24.200 shall not apply to counties lying west of the summit of the Cascade mountains.
[ 1989 c 286 s 17; 1985 c 415 s 19. Formerly RCW 16.20.035.]
Notes:
Severability—1989 c 286: See note following RCW 16.04.010.

catchline: Bull breed and ratio restrictions not applicable to counties west of Cascades.


title: RCW 16.24.220

text:
It shall be the duty of any and all persons searching or hunting for stray horses, mules or cattle, to drive the band or herd in which they may find their stray horses, mules or cattle, into the nearest corral before separating their said stray animals from the balance of the herd or band; that in order to separate their said stray animals from the herd or band, the person or persons owning said stray shall drive them out of and away from the corral in which they may be driven before setting the herd at large.
[ 1989 c 286 s 16; 1987 c 202 s 181; 1969 ex.s. c 199 s 14; Code 1881 s 2537; RRS s 3050. Prior: 1869 pp 408, 409 ss 1, 2. Formerly RCW 16.28.160.]
Notes:
Severability—1989 c 286: See note following RCW 16.04.010.
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Separating estrays from herd.


title: RCW 16.24.230

text:
No person shall remove any livestock belonging to another from the range on which they are permitted to run at large, without the prior consent of the owner thereof. The owner of any livestock may move his or her own livestock, together with such other livestock as cannot be separated from his or her own, to the nearest corral, or other facility in order to separate his or her own livestock, if the other livestock are returned to the same location from which they were moved within twenty-four hours.
[ 1985 c 415 s 21; 1891 c 12 s 1; RRS s 3048. Formerly RCW 16.28.170, part. Formerly RCW 16.28.165.]

catchline: Moving another's livestock from range.


title: RCW 16.30.005

text:
It is the intent of the state of Washington to protect the public against the serious health and safety risks that dangerous wild animals pose to the community.
[ 2007 c 238 s 1.]

catchline: Intent.