title: RCW 15.58.465

text:
(1) The following requirements apply to the forms of evidence of financial responsibility required under RCW 15.58.460.
(a) Errors and Omissions Insurance. The amount of the errors and omissions insurance policy required by RCW 15.58.460(2)(a) shall not be less than twenty-five thousand dollars. The insurance policy shall be maintained at not less than the required sum at all times during the licensed period. The insurance policy shall provide coverage for errors and omissions in an inspection conducted during the term of the policy. However, the policy may limit the insurer's liability on the policy in effect at the time of the inspection to two years from the date of the inspection.
(b) Surety Bond. The amount of the surety bond required by RCW 15.58.460(2)(b) shall not be less than twenty-five thousand dollars. The surety bond shall be maintained at not less than the required sum at all times during the licensed period. Any person having a claim against the structural pest inspector for legal damages as a result of the actions of the structural pest inspector may bring suit upon the bond in the court of the county in which the inspection took place or of the county in which jurisdiction of the structural pest inspector may be had. The surety issuing the bond shall be named as a party to any suit upon the bond. The suit upon the bond must be commenced within two years of the date of the inspection.
(c) Surety Bond and Errors and Omissions Insurance. The amount of the surety bond required by RCW 15.58.460(2)(c) shall not be less than twelve thousand five hundred dollars. Except as to the amount of the bond, the terms of the bond shall be identical to those set forth in (b) of this subsection. The amount of the errors and omissions insurance policy required by RCW 15.58.460(2)(c) shall not be less than twenty-five thousand dollars. The insurance policy shall be maintained at not less than the required sum at all times during the licensed period. The insurance policy shall provide coverage for errors and omissions in an inspection conducted during the term of the policy.
(d) Assigned Account. The amount of the assigned account required by RCW 15.58.460(2)(d) shall not be less than twenty-five thousand dollars. The assigned account shall be held by the department to satisfy any execution on a judgment issued against the inspector for legal damages resulting from errors and omissions in the conduct of an inspection, according to the provisions of the assigned account agreement. The department has no liability for payment in excess of the amount of the assigned account.
(i) The assigned account agreement filed with the director as evidence of financial responsibility shall be canceled at the expiration of two years after the inspector's license has expired or been revoked, or at the expiration of two years after the inspector has furnished another form of evidence of financial responsibility required by RCW 15.58.460, unless legal action has been instituted against the inspector prior to the expiration of the two-year period and the director has been provided written notice of the same by the claimant. In such a case the director shall not cancel the assigned account agreement until the director either receives a copy of the order dismissing the action by registered or certified mail, or has received a copy of the unsatisfied judgment and has complied with the requirements of (d)(ii) of this subsection.
(ii) Any person having an unsatisfied final judgment against the inspector for legal damages awarded based on errors and omissions in the conduct of an inspection may execute upon the funds in the assigned account by serving a certified copy of the unsatisfied final judgment by registered or certified mail upon the department within one year of the date of entry of such judgment. Upon the receipt of service of such certified copy the department shall direct the financial institution to pay from the assigned account, through the registry of the court which rendered judgment, towards the amount of the unsatisfied judgment. The priority of payment from the assigned account shall be the order of receipt of the final judgment by the department.
(2) Nothing in subsection (1) of this section that limits the time period in which a suit must be commenced on a surety bond or in which a claim must be made on a policy effects the statute of limitations applicable to any claim any person may have against the structural pest inspector or company.
(3) The director may only accept a surety bond or insurance policy as evidence of financial responsibility if the bond or policy is issued by an insurer authorized to do business in this state. The director shall be notified ten days before any reduction of insurance coverage at the request of the applicant or cancellation of the surety bond or insurance by the surety or insurer and by the insured.
(4) The total and aggregate of the surety and insurer for all claims is limited to the face of the surety bond or insurance policy. The director may accept a surety bond or insurance policy in the proper sum that has a deductible clause in an amount not exceeding five thousand dollars for the total amount of surety bond or insurance required by this section. If the applicant has not satisfied the requirement of the deductible amount in any prior legal claim the deductible clause may not be accepted by the director unless the applicant furnishes the director with a surety bond or insurance policy which satisfies the amount of the deductible as to all claims that may arise.
[ 2003 c 212 s 10; 2000 c 96 s 4.]

catchline: Structural pest inspector—Forms of evidence of financial responsibility—Amount—Terms.


doc_type: statute

jurisdiction: wa

title: RCW 15.58.470

text:
Whenever the form of evidence of financial responsibility for a structural pest inspector license is reduced below the requirements of RCW 15.58.465 or no longer applies to the structural pest inspector, or whenever the licensee or the business that employs the licensee has failed to provide evidence of financial responsibility as required by RCW 15.58.460 by the expiration date of any previous form of evidence of financial responsibility, the director shall immediately suspend the structural pest inspector license until the requirements of RCW 15.58.465 are met again.
[ 2003 c 212 s 11; 2000 c 96 s 5.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Structural pest inspector—Failure to meet financial responsibility requirements.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 15.58.480

text:
The department must develop educational materials regarding the best practices for avoiding adverse effects from pesticides on populations of bees, honey bees, and other pollinating insects. The educational materials must include, but not be limited to, measures that anyone applying pesticides can take to protect bees, honey bees, and other pollinating insects. The department must design requirements to ensure that any pesticide applicator applying or supervising the application of a restricted-use pesticide is highly knowledgeable regarding alternatives to, the appropriateness of, and precautions for, the use of restricted-use pesticides that may be injurious to the health of bees, honey bees, and other pollinating insects.
[ 2019 c 353 s 13.]
Notes:
Findings—Intent—2019 c 353: See note following RCW 43.23.300.

catchline: Educational materials regarding best practices for avoiding adverse effects from pesticides on pollinating insects.


title: RCW 15.58.485

text:
(1) Beginning January 1, 2026, a person may not use neonicotinoid insecticides on nonproduction outdoor ornamental plants, trees, and turf in this state, unless the application is made as part of a licensed application, a tree injection, or during the production of an agricultural commodity.
(2) The director, upon identification of an urgent pest threat, may authorize the sale, possession, or use of neonicotinoid insecticides that are restricted under subsection (1) of this section by written order. The director must make reasonable efforts to inform the public of the urgent pest threat identified. The written order must include:
(a) The urgent pest threat identified;
(b) The neonicotinoid insecticide to be used in addressing the urgent pest threat;
(c) All other less harmful insecticides or pest management practices considered that were not deemed to be effective in addressing the urgent pest threat;
(d) The geographic scope of the written order; and
(e) The duration that the order is in effect, not to exceed one year.
(3) By June 30, 2025, and every four years thereafter, the department shall review and update rules under RCW 15.58.040 to administer and enforce this chapter as those rules relate to neonicotinoid insecticides.
(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Agricultural commodity" means any plant, or part of a plant, or animal, or animal product, produced by farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other persons primarily for sale, consumption, propagation, or other use by people or animals.
(b) "Neonicotinoid insecticide" means any insecticide containing a chemical belonging to the neonicotinoid class of chemicals including, but not limited to, acetamiprid, clothianidin, dinotefuran, imidacloprid, nitenpyram, nithiazine, thiacloprid, thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals.
(c) "Urgent pest threat" means an occurrence of a pest that presents a significant risk of harm or injury to the environment or human health or significant harm, injury, or loss to agricultural crops including, but not limited to, an invasive species as defined in chapter 77.135 RCW.
[ 2024 c 338 s 2.]
Notes:
Findings—Intent—2024 c 338: "(1) The legislature finds that pollinators, including bees, butterflies, and birds, play a critical role in sustaining biodiversity and ecosystem health. The legislature further finds that pollinators are vital to agricultural production in the state and that approximately 35 percent of food crops depend upon pollinators.
(2) The legislature finds that neonicotinoids are the most widely used insecticides in the world. Neonicotinoids are less toxic to mammals and vertebrates than older insecticides and have beneficial uses such as those associated with pet care and veterinary treatment, personal care, indoor pest control, wood preservation, and structural insulation. However, neonicotinoids can be toxic to pollinators and misapplication of neonicotinoids contributes to bee colony collapse and the decline of pollinator species. The legislature intends to protect pollinators by restricting the use of neonicotinoids and supporting consumer education so that people do not inadvertently apply neonicotinoids in ways that are harmful to pollinators.
(3) The legislature recognizes that agricultural production depends on reliable pest management and allows applications of neonicotinoids for agricultural production. Products designed to control pests in home gardens and landscapes that contain neonicotinoids should also be limited to applications that do not harm pollinators. Understandable information about the impact of products designed to manage pests in home gardens and landscapes on pollinators should be provided to customers. Private and nonprofit organizations engaged in public outreach and education regarding the role of pollinators and pollinator health are important partners in consumer education." [ 2024 c 338 s 1.]

catchline: Neonicotinoid insecticides.


title: RCW 15.58.910

text:
The repeal of RCW 15.57.010 through 15.57.930 and the enactment of this chapter shall not be deemed to have repealed any rules adopted under the provisions of RCW 15.57.010 through 15.57.930 in effect immediately prior to such repeal and not inconsistent with the provisions of this chapter. All such rules shall be considered to have been adopted under the provisions of this chapter.
[ 1989 c 380 s 31; 1971 ex.s. c 190 s 43.]

catchline: Continuation of rules adopted pursuant to repealed sections.


title: RCW 15.58.920

text:
The enactment of this chapter shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence on the date this chapter becomes effective.
[ 1971 ex.s. c 190 s 44.]

catchline: Existing liabilities not affected.


title: RCW 15.60.005

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(1) "Department" means the department of agriculture of the state of Washington.
(2) "Director" means the director of the state department of agriculture or the director's authorized representative.
(3) "Apiary" means a site where hives of bees or hives are kept or found.
(4) "Apiarist" means any person who owns bees or is a keeper of bees in Washington.
(5) "Bees" means adult insects, eggs, larvae, pupae, or other immature stages of the species Apis mellifera.
(6) "Colony" refers to a natural group of bees having a queen or queens.
(7) "Hive" means a manufactured receptacle or container prepared for the use of bees, that includes movable frames, combs, and substances deposited into the hive by bees.
(8) "Person" means a natural person, individual, firm, partnership, company, society, association, corporation or every officer, agent, or employee of one of these entities.
(9) "Broker" means a person who is engaged in pollinating agricultural crops for a fee using hives that are owned by another person.
[ 2000 c 100 s 1; 1994 c 178 s 1; 1993 c 89 s 1; 1988 c 4 s 1; 1977 ex.s. c 362 s 1; 1961 c 11 s 15.60.005. Prior: 1955 c 271 s 1.]

catchline: Definitions.


title: RCW 15.60.010

text:
The director may establish an apiary advisory committee including members representing the major segments of the apiary industry including commercial and noncommercial beekeepers, representatives from the Washington State University apiary program or cooperative extension, and receivers of pollination services as deemed appropriate.
The committee shall advise the director on administration of this chapter and issues affecting the apiary industry. The committee may also advise the director on the funding of research projects of benefit to the apiary industry.
The committee shall meet at the call of the director. Members of the committee shall serve without compensation but may be reimbursed for travel expenses incurred in attending meetings of the committee and any other official duty authorized by the director, pursuant to RCW 43.03.050 and 43.03.060.
[ 2000 c 100 s 2; 1994 c 178 s 3; 1993 c 89 s 3; 1975-'76 2nd ex.s. c 34 s 16; 1961 c 11 s 15.60.010. Prior: 1933 ex.s. c 59 s 1; RRS s 3170-1; prior: 1919 c 116 s 1.]
Notes:
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: Apiary advisory committee.


title: RCW 15.60.021

text:
(1) Each person owning one or more hives with bees, brokers renting hives, and apiarists resident in other states who operate hives in Washington shall register with the director by April 1st each year.
(2) The registration application shall include:
(a) The name, address, and phone number of the apiarist or broker;
(b) The number of colonies of bees to be owned, brokered, or operated in Washington that year;
(c) A registration fee as prescribed in rule by the director, with the advice of the apiary advisory committee; and
(d) Any other information required by the department by rule.
(3) The director shall issue to each apiarist or broker registered with the department an apiarist identification number.
[ 2000 c 100 s 3; 1994 c 178 s 6; 1993 c 89 s 11; 1988 c 4 s 9; 1977 ex.s. c 362 s 5; 1961 c 11 s 15.60.050. Prior: 1933 ex.s. c 59 s 6; RRS s 3170-6. Formerly RCW 15.60.050.]

catchline: Registration of hives.


title: RCW 15.60.031

text:
A late fee of one and one-half percent per month shall be assessed on registration fees received after April 1st.
[ 2000 c 100 s 4; 1994 c 178 s 5; 1993 c 89 s 10; 1988 c 4 s 8; 1981 c 296 s 9; 1977 ex.s. c 362 s 9. Formerly RCW 15.60.043.]
Notes:
Severability—1981 c 296: See note following RCW 15.08.010.

catchline: Late registration fee.


title: RCW 15.60.040

text:
All money collected under this chapter shall be placed in an account in the agricultural local fund. Money in the account shall be used to carry out the purposes of this chapter and may be used for apiary-related activities of the department or funding research projects of benefit to the apiary industry that the director may select upon the advice of the apiary advisory committee. No appropriation is required for disbursement from the account.
[ 2000 c 100 s 5; 1994 c 178 s 4; 1993 c 89 s 8; 1988 c 4 s 6; 1981 c 296 s 8; 1977 ex.s. c 362 s 4; 1961 c 11 s 15.60.040. Prior: 1959 c 174 s 1; 1955 c 271 s 6; prior: (i) 1949 c 105 s 2; 1933 ex.s. c 59 s 3; Rem. Supp. 1949 s 3170-3. (ii) 1933 ex.s. c 59 s 4; RRS s 3170-4.]
Notes:
Severability—1981 c 296: See note following RCW 15.08.010.

catchline: Money collected under chapter—Placement—Disbursement.


title: RCW 15.60.055

text:
(1) Except as provided in subsection (2) of this section, a person who violates or fails to comply with any of the provisions of this chapter or any rule adopted under this chapter is guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor.
(3) Whenever the director finds that a person has committed a violation of any of the provisions of this chapter or any rule adopted under this chapter and that violation has not been punished as a misdemeanor or gross misdemeanor, the director may impose and collect a civil penalty not exceeding one thousand dollars for each violation. Each violation shall be a separate and distinct offense. A person who knowingly, through an act of omission or commission, procures or aids or abets in the violation shall be considered to have violated this section and may be subject to the civil penalty.
[ 2003 c 53 s 107; 1993 c 89 s 17; 1991 c 363 s 15; 1989 c 354 s 64. Formerly RCW 15.60.170.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Severability—1989 c 354: See note following RCW 15.36.012.

catchline: Violations—Penalty.


title: RCW 15.60.065

text:
When the county legislative authority determines that it would be desirable to establish an apiary coordinated area or areas in their county, they shall make an order fixing a time and place when a hearing will be held, notice of which shall be published at least once each week for two successive weeks in a newspaper having general circulation within the county. It shall be the duty of the county legislative authority at the time fixed for such hearing, to hear all persons interested in the establishment of apiary coordinated areas as defined in this section and RCW 15.60.075 and 15.60.085.
[ 2011 c 103 s 5; 1993 c 89 s 18; 1989 c 354 s 65. Formerly RCW 15.60.180.]
Notes:
Purpose—2011 c 103: See note following RCW 15.26.120.
Severability—1989 c 354: See note following RCW 15.36.012.

catchline: Apiary coordinated areas—Hearing to establish.


title: RCW 15.60.075

text:
Within thirty days after the conclusion of any such hearing the county legislative authority shall make an order describing the apiary coordinated areas within the county as to the maximum allowable number of hives per site, the minimum allowable distance between sites, and the minimum required setback from property lines. The order shall be entered upon the records of the county and published in a newspaper having general circulation in the county at least once each week for four successive weeks.
[ 1989 c 354 s 66. Formerly RCW 15.60.190.]
Notes:
Severability—1989 c 354: See note following RCW 15.36.012.

catchline: Apiary coordinated areas—Order describing.


title: RCW 15.60.085

text:
When the county legislative authority of any county deems it advisable to change the boundary or boundaries of any apiary coordinated area, a hearing shall be held in the same manner as provided in RCW 15.60.065. If the county legislative authority decides to change the boundary or boundaries of any apiary coordinated area or areas, they shall within thirty days after the conclusion of such hearing make an order describing the change or changes. Such order shall be entered upon the records of the county and published in a newspaper having general circulation in the county once each week for four successive weeks.
[ 2011 c 103 s 6; 1989 c 354 s 68. Formerly RCW 15.60.210.]
Notes:
Purpose—2011 c 103: See note following RCW 15.26.120.
Severability—1989 c 354: See note following RCW 15.36.012.

catchline: Apiary coordinated areas—Boundary change procedure.


title: RCW 15.60.095

text:
The county legislative authority of any county with a population of from forty thousand to less than seventy thousand located east of the Cascade crest and bordering in the southern side of the Snake river shall have the power to designate by an order made and published, as provided in RCW 15.60.075, certain territories as apiary coordinated areas in which they may designate the number of colonies per apiary, the distance between apiaries, the minimum required setback distance from property lines, and the time of year the regulations shall be in effect. No territory so designated shall be less than two square miles in area.
[ 2011 c 103 s 7; 1993 c 89 s 20. Formerly RCW 15.60.220.]
Notes:
Purpose—2011 c 103: See note following RCW 15.26.120.

catchline: Apiary coordinated areas within certain counties.


title: RCW 15.60.250

text:
A person who owns or operates an apiary, is a registered apiarist under RCW 15.60.021, and conforms to all applicable city, town, or county ordinances regarding beekeeping, is not liable for any civil damages for acts or omissions in connection with the keeping and maintaining of bees, bee equipment, queen breeding equipment, apiaries, and appliances, unless such acts or omissions constitute gross negligence or willful misconduct.
[ 2019 c 257 s 1.]

catchline: Liability for acts or omissions.


title: RCW 15.60.901

text:
This act takes effect June 30, 2001.
[ 2000 c 100 s 9.]

catchline: Effective date—2000 c 100.


title: RCW 15.61.010

text:
The director of agriculture in order to protect the production of native and/or domestic plants or their products in this state, may declare ladybugs or any other insects to be beneficial insects and necessary to maintain a beneficial biological balance over insects which are detrimental to such native and/or domestic plants or their products. Such declaration shall be made only after a hearing as prescribed in the administrative procedure act, chapter 34.05 RCW.
Upon declaring ladybugs or other insects to be beneficial insects the director of agriculture may regulate or prohibit the commercial movement of such beneficial insects from this state.
[ 1963 c 232 s 10.]

catchline: Administrative declaration—Regulation of commercial movement.


title: RCW 15.61.020

text:
The director of agriculture may cooperate and enter into agreements with governmental agencies, other states, and agencies of the federal government to carry out the purposes and provisions of this chapter or rules adopted hereunder.
[ 1963 c 232 s 11.]

catchline: Intergovernmental cooperation.


title: RCW 15.61.030

text:
The director of agriculture may bring an action to enjoin the violation of any provision of this chapter or rule adopted pursuant to said sections in the county where such violation has occurred, notwithstanding the existence of any other remedies at law.
[ 1963 c 232 s 12.]

catchline: Injunctions.


title: RCW 15.61.040

text:
The provisions of this chapter shall not apply to honey bees or to those beneficial insects used for research purposes.
[ 1963 c 232 s 13.]

catchline: Nonapplicability to honey bees and insects used for research.


title: RCW 15.61.050

text:
(1) Except as provided in subsection (2) of this section, any person violating the provisions of this chapter or rules adopted hereunder is guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a previous conviction shall be considered a first offense.
[ 2003 c 53 s 108; 1963 c 232 s 14.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.


title: RCW 15.62.010

text:
The purpose of this chapter is to advance the public welfare and education and to promote the interest, products, services, and stabilization of Washington's honey bee industry.
The legislature finds that:
(1) Increasing the consumption of products of the honey bee industry and promoting the use of its services and stabilizing the honey bee industry within the state and nation is a valid and necessary exercise of the power of the state to protect the public health, to provide for the economic development of the state, and to promote the welfare of the people of the state;
(2) Honey bee industry products produced and services provided in Washington make an important contribution to the agricultural industry of the state of Washington. The business of researching, marketing, and distributing such products and the promotion of its services is in the public interest;
(3) It is necessary to enhance the reputation of Washington honey bee industry products and services in domestic and national markets;
(4) It is necessary to promote and educate the public regarding the value of honey bee industry products and services, and to spread that knowledge throughout the state and nation to increase the awareness and consumption of honey bee products and the use of honey bee services;
(5) State and national markets for Washington honey bee industry products may benefit from promotion of honey bee products through education and advertising;
(6) It is necessary to stabilize the Washington honey bee industry, to enlarge its markets, and increase the consumption of Washington honey bee industry products and services to assure the payment of taxes to the state and its subdivisions, to alleviate unemployment, and to provide for higher wage scales for agricultural labor and maintenance of a reasonable standard of living;
(7) Providing information to the public on the manner, cost, and expense of producing, and the care taken to produce and sell, honey bee industry products and services of the highest quality, the methods and care used in their preparation for market, and the methods of sale and distribution is in the public interest;
(8) It is necessary to protect the public by educating it on the various benefits of honey bee industry services, the food value of its products, and their industrial and medicinal uses.
[ 1989 c 5 s 1.]

catchline: Purpose and findings.


title: RCW 15.62.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(1) "Affected person" means an apiarist, manufacturer, processor, first handler, broker, or volunteer who shall pay to the commission the minimum assessments required in RCW 15.62.140.
(2) "Apiarist" means any person, firm, partnership, association, or corporation who owns, operates, manages, or brokers ten or more honey bee (Apis mellifera) colonies or any volunteer participant having less than ten colonies in the state of Washington.
(3) "Bee colony" means a natural group of honey bees containing seven thousand or more workers and one or more queens, housed in a man-made hive with movable frames, and operated as a beekeeping unit.
(4) "Broker" means any person other than an apiarist who, for a fee, places or sets twenty-five or more bee colonies for pollination or buys and sells one thousand dollars or more per year of industry products he or she does not produce or manufacture.
(5) "Commission" means the Washington state honey bee industry commission or its authorized agents.
(6) "Department" means the department of agriculture.
(7) "Director" means the director of the department of agriculture.
(8) "First handler" means any person in Washington who imports industry products or bee supplies and equipment into Washington for processing, packing, or sale in the state of Washington.
(9) "Industry products" means queen bees, packaged bees, and items which are made by bees including, but not limited to, honey, pollen, bees wax, and propolis and items manufactured for use in the honey bee industry as enumerated under "manufacturer" in this section.
(10) "Manufacturer" means any person making bee supplies and equipment such as: Supers (hive boxes), frames, bees wax foundation, smokers, extractors, bee veils, pollen traps, queen rearing equipment, bee cages and packages, queen excluders, and other bee supplies used in the honey bee industry.
(11) "Person" means any individual, firm, partnership, or corporation engaged in the apiculture industry.
(12) "Processor" means any person processing, selling, marketing, or distributing bee industry products.
(13) "Retail sales" means those sales made directly to consumers whether apiarists, brokers, or persons involved in the apiculture industry, or the public.
[ 1989 c 5 s 2.]

catchline: Definitions.


title: RCW 15.62.030

text:
The Washington state honey bee commission shall be established following approval of a referendum by a majority of the affected apiarists and brokers, as set forth in RCW 15.62.140(4) for assessment increases.
[ 1989 c 5 s 3.]

catchline: Commission established by referendum.


title: RCW 15.62.040

text:
The commission shall have the following powers and duties:
(1) To elect a chairperson and other officers as it deems advisable;
(2) To promulgate rules and regulations under the administrative procedure act, chapter 34.05 RCW, and RCW 15.04.200 as necessary to effectuate the purpose and policies of this chapter;
(3) To administer and enforce the provisions of this chapter and perform all acts and exercise all powers reasonably necessary to fulfill the purpose thereof;
(4) To employ and discharge advertising agents, attorneys as permitted by the attorney general, agents, and employees as it deems necessary, and to prescribe their duties and powers and fix their compensation;
(5) To establish offices, hire employees who shall be exempt from chapter 41.06 RCW, incur expenses which shall not exceed revenues, enter into contracts, and create such liabilities as are reasonable and proper for the administration of this chapter;
(6) To investigate and refer violations of this chapter to local prosecuting attorneys or special prosecutors appointed by the commission and the local prosecuting attorney;
(7) To contract for scientific research designed to improve production, pollination, management, quality, processing, and distribution and to develop and discover uses for products of the honey bee industry;
(8) To make in its name advertising contracts and other agreements necessary to promote the industry and bee products and services in state, national, and foreign markets;
(9) To keep accurate records of all commission dealings, which shall be open to public inspection and audit by authorized state agencies;
(10) To contract for research to develop more efficient methods of promoting the honey bee industry and its products and services;
(11) To develop and conduct educational programs for the benefit of industry and to inform the public regarding Washington's honey bee industry;
(12) To enter into contracts and agreements for purposes consistent with this chapter;
(13) To publish at least an annual report of its activities and financial status subject to audit by the state auditor;
(14) To establish an operating monetary reserve and carry over to subsequent fiscal periods any excess funds in the reserve: PROVIDED, That the reserve funds shall not exceed one fiscal period's budget. The reserve funds shall only be used to defray any expenses authorized under this chapter;
(15) To audit any affected person's records as described in RCW 15.62.200; and
(16) To consider the assessment of honey or manufactured bee supplies produced or sold in Washington. Assessments shall only be levied after a referendum is conducted and approved by a majority vote, as set forth in RCW 15.62.140(4), of persons engaged in the honey bee industry of Washington.
[ 1989 c 5 s 13.]

catchline: Powers and duties of commission.


title: RCW 15.62.050

text:
The commission shall consist of the following members:
(1) Apiarist position one shall represent area one, which includes the counties of Whatcom, San Juan[,] Island, Skagit, Snohomish, and King; and
(2) Apiarist position two shall represent area two, which includes the counties of Pierce, Kitsap, Clallam, Jefferson, Grays Harbor, Mason, Thurston, Pacific, Lewis, Wahkiakum, Cowlitz, Clark, [and] Skamania; and
(3) Apiarist positions three and four shall represent area three, which includes the counties of Kittitas, Yakima, Klickitat, and Benton; and
(4) Apiarist position five shall represent area four, which includes the counties of Okanogan, Chelan, and Douglas; and
(5) Apiarist position six shall represent area five, which includes the counties of Grant, Adams, Franklin, Walla Walla, Columbia, Garfield, Asotin, and Whitman; and
(6) Apiarist position seven shall represent area six, which includes the counties of Spokane, Lincoln, Ferry, Stevens, and Pend Oreille; [and]
(7) Position eight, appointed by the director, shall be a manufacturer or broker of industry products representing Washington residents engaged in the apiculture industry; and
(8) Position nine, appointed by the director, shall be a processor or first handler representing residents engaged in Washington's honey bee industry; and
(9) Position ten shall be the director of the Washington state department of agriculture, who shall be a nonvoting ex officio member; and
(10) Position eleven, appointed by the director, may be an affected person representing out-of-state interests who are not Washington residents but are active as affected persons in Washington.
[ 1989 c 5 s 4.]


title: RCW 15.62.060

text:
(1) Commission positions one through seven shall be filled by persons who meet the following requirements:
(a) Resident of this state;
(b) Resident of the area they represent; and
(c) Actually engaged in owning, operating, or as a broker of bee colonies for the five years immediately preceding their election.
(2) Commission positions eight and nine shall be filled by persons who meet the following requirements:
(a) Resident of this state; and
(b) Actually engaged as a manufacturer, broker of industry products, processor, or first handler for the five years immediately preceding their election.
(3) Commission members shall be immediately disqualified if they no longer meet the qualifications during their terms of office. The vacancy on the commission shall be filled according to *section 38 of this act.
(4) Position eleven shall be filled by a person who qualifies under subsection (1)(c) or (2)(b) of this section and is not a resident of Washington.
[ 1989 c 5 s 5.]
Notes:
*Reviser's note: The reference to "section 38 of this act" is incorrect. Apparently a reference to "section 6 of this act," codified as RCW 15.62.070, was intended.

catchline: Position qualifications.


title: RCW 15.62.070

text:
(1) The regular terms of office of each elected member of the commission shall be three years, except that the term of office for the initial members shall be as follows:
(a) Positions for areas one, four, and seven - one year.
(b) Positions for areas two, five, and eight - two years.
(c) Positions for areas three, six, and nine - three years.
(d) If filled, position for area eleven - three years.
(2) No elected member of the board may serve more than two full consecutive three-year terms.
(3) Terms of office shall end on August 31 of the last year of the elected or appointed term.
(4) Any vacancies on the commission shall be filled by a person meeting the qualifications established in *section 37 of this act appointed by the other voting members of the commission. The appointee shall hold office for the remainder of the term, at which time an election for that position shall be conducted.
[ 1989 c 5 s 6.]
Notes:
*Reviser's note: The reference to "section 37 of this act" is incorrect. Apparently a reference to "section 5 of this act," codified as RCW 15.62.060, was intended.

catchline: Terms of office—Vacancies.


title: RCW 15.62.080

text:
(1) Apiarist members of the commission shall be nominated and elected by the apiarists within the district they are to represent in the year in which a member's term expires. The candidate receiving the largest number of votes cast shall be elected. The election shall be by secret mail ballot and shall be conducted by the director, who shall be reimbursed for actual expenses of conducting the election by the commission.
(2) The director shall provide forms for the nomination of candidates to each affected person. The nomination form shall provide for the name of the person being nominated and the names of five persons supporting the nomination.
(3) The persons nominating the candidate shall affirm that the candidate meets the qualifications and is willing to serve by signing the nomination form.
(4) The nomination forms shall be returned to the director by June 30 of the election year, and the director shall not accept any nomination postmarked later than midnight of that date.
(5) In the event no nomination is submitted for a position, the director shall nominate at least two, but no more than three, qualified persons and place their names on the election ballot as nominees. Any qualified person may be elected by write-in ballot, even though his or her name was not placed in nomination.
(6) Ballots for electing commission members shall be mailed by the director to all apiarists and brokers in areas where elections are to be held no later than July 15. Ballots, to be valid, shall be returned to the director postmarked no later than July 31. Elected persons shall take office effective September 1 of the year elected except initial elections shall take place within one hundred twenty days after July 23, 1989.
[ 1989 c 5 s 7.]

catchline: Apiarist members—Election.


title: RCW 15.62.090

text:
(1)(a) The director shall cause a list to be prepared of all apiarists, as defined in RCW 15.62.020, from the list of apiarists registered with the department under *RCW 15.60.030. A qualified person may, at any time, have his or her name placed on the list by registering with the department.
(b) The director shall cause a list to be prepared of manufacturers, processors, and first handlers. The list shall be prepared from any information the director has at hand or may readily obtain. A qualified person may, at any time, have his or her name placed on the list by notifying the department and providing such information as the department deems necessary to determine whether the person qualifies as a manufacturer, processor, or first handler under RCW 15.62.020.
(c) For all purposes of giving notice and conducting elections or referenda, the lists the director has on hand under this section, corrected up to the day next preceding the date for issuing notices or ballots, are, for purposes of this chapter, deemed to be the lists of all persons entitled to notice or to assent or dissent or to vote.
(2) Any person may file his or her name and address with the commission for the purpose of receiving notices regarding the activities of the commission. Persons who are not Washington residents but are active as affected persons in this state and who wish to be considered for appointment to position eleven on the commission may file their names with the director. A person desiring such consideration must supply such information as the director deems appropriate.
[ 1989 c 5 s 8.]
Notes:
*Reviser's note: RCW 15.60.030 was repealed by 2000 c 100 s 8, effective June 30, 2001.

catchline: Notice, elections, referenda—Lists of apiarists, manufacturers, processors, and first handlers.


title: RCW 15.62.100

text:
The commission shall reimburse the director for the actual costs incurred in conducting the elections and referendums, and acquiring lists of affected persons.
[ 1989 c 5 s 9.]

catchline: Costs of elections and referendums—Reimbursement.


title: RCW 15.62.110

text:
(1) A majority of the commission members shall constitute a quorum for the transaction of all business of the commission.
(2) Members of the commission shall be reimbursed for travel expenses, as prescribed by the commission, for each day spent in attendance at, or traveling to and from, commission meetings or when conducting authorized commission business.
[ 1989 c 5 s 10.]

catchline: Quorum—Travel expenses.


title: RCW 15.62.120

text:
Copies of the proceedings, records, and acts of the commission, when certified by the secretary, shall be admissible in any court and be evidence of the truth of the statements therein contained.
[ 1989 c 5 s 11.]

catchline: Certified copies of commission's proceedings, records, and acts—Admissible in court.


title: RCW 15.62.130

text:
The commission may elect an executive secretary who is not a member and fix his or her compensation and may appoint a treasurer who shall sign all vouchers and receipts for moneys received by the commission. The commission shall purchase for each of its members a fidelity bond executed by a surety company authorized to do business in the state, in favor of the state and the commission, in a sum to be determined by the commission.
[ 1989 c 5 s 12.]

catchline: Commission officers—Members' fidelity bonds.


title: RCW 15.62.140

text:
(1) The commission shall collect annual assessments as follows:
(a) Twenty-five cents for each colony operated by an apiarist or broker in Washington at any time in a calendar year. Each colony shall be assessed only once per calendar year. There shall be a minimum assessment of ten dollars.
(b) The sale of a business enterprise by an apiarist or broker shall not be assessed.
The provisions of this subsection (1) are effective only if the referendum required by RCW 15.62.030 on the creation of the commission is adopted.
(2) Subject to approval by referendum, the commission shall have the power and duty to increase the amount of the assessments as necessary to fulfill the purposes of this chapter.
(3) In determining the necessity for an assessment increase, the commission shall consider:
(a) The purpose of the commission;
(b) The extent and probable cost of required research, promotion, and advertising;
(c) The extent of public convenience, interest, and necessity; and
(d) The expected revenue from the increased assessment.
(4) The increase in assessment shall not become effective until approved by a majority of the affected persons voting in a referendum conducted by the commission. The referendum must be approved by:
(a) Either fifty-one percent of the apiarists and brokers representing sixty-six percent of the colonies registered in Washington in the twelve months preceding voting; or
(b) Sixty-six percent of the apiarists and brokers representing fifty-one percent of the colonies registered in Washington in the twelve months preceding voting; and
(c) Either fifty-one percent of manufacturers, processors, and first handlers representing sixty-six percent of industry products sold in Washington by its residents; or
(d) Sixty-six percent of manufacturers, processors, and first handlers representing fifty-one percent of industry products sold in Washington by its residents.
[ 1989 c 5 s 14.]

catchline: Assessments—Minimum—Increase.


title: RCW 15.62.150

text:
(1) All assessments shall be collected by the commission on a quarterly basis or as otherwise determined by the commission.
(2) The commission shall create a local fund in a local financial institution approved by the director and shall deposit therein, each day, all moneys received by the commission except an amount for petty cash as fixed by commission regulations. Moneys in the fund shall only be expended for the purposes of this chapter. Moneys in the fund are not subject to appropriation.
(3) The commission fund is authorized to 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.
(4) If an affected person fails to remit any assessment, such assessment plus interest at the rate of one percent per month from the due date shall constitute a personal debt of the person assessed or who otherwise owes the assessment and shall be due and payable within thirty days from the date it becomes first due the commission. In the event of failure of the person to pay due and payable assessments, the commission may bring civil action against the person in a state court of competent jurisdiction for collection thereof, together with any reasonable costs including attorneys' fees. The action shall be tried and judgment rendered as in any other cause of action for debt due and payable. This provision is in addition to the penalty section contained in RCW 15.62.220.
[ 1989 c 5 s 15.]

catchline: Assessments—Collection—Deposit in local fund—Gifts, grants, and endowments—Failure to remit assessment.


title: RCW 15.62.160

text:
A person shall be entitled to a refund of assessed money held by the commission fund when it has been determined by the commission that the affected person was assessed and made payment in error.
[ 1989 c 5 s 16.]

catchline: Assessment error—Refund.


title: RCW 15.62.170

text:
(1) Each apiarist and broker shall keep accurate records of the number of colonies owned or operated during each calendar year.
(2) Each manufacturer shall keep accurate records of gross sales of industry products or manufactured goods sold in the state of Washington.
(3) Each processor shall keep accurate records of the pounds of honey sold in the state of Washington.
(4) Each first-handler shall keep accurate records of the industry products sold in the state of Washington.
(5) The records shall contain information required by the commission and shall be preserved for a period of five years.
(6) The records shall be made available for audit upon request of the commission or its agent, as authorized in RCW 15.62.040 and 15.62.200.
[ 1989 c 5 s 17.]

catchline: Recordkeeping.


title: RCW 15.62.180

text:
Each affected person shall, as required, file with the commission a return under oath on forms to be furnished by the commission, stating the information requested by the commission regarding the ownership, handling, processing, manufacturing, delivering, shipping, sale, and brokering of various honey bee industry products and activities as defined in RCW 15.62.020. The report shall cover the period or periods of time prescribed by the commission.
[ 1989 c 5 s 18.]

catchline: Reporting.


title: RCW 15.62.200

text:
The commission through its agents may audit the records of any affected person for the purpose of enforcing the provisions of this chapter. The commission must first notify the affected person of their intention to audit and may request supporting documents of the affected person regarding reports submitted on commission forms under RCW 15.62.180.
[ 1989 c 5 s 20.]

catchline: Audit of records of affected persons.


title: RCW 15.62.210

text:
The state shall not be liable for the acts or on the contracts of the commission, nor shall any member or employee of the commission be liable on its contracts.
All salaries, expenses, and liabilities incurred by persons employed or contracting under this chapter for the commission shall be limited to, and payable only from, the funds collected hereunder.
[ 1989 c 5 s 21.]

catchline: Nonliability of state—Salaries, expenses, and liabilities.


title: RCW 15.62.220

text:
Any person who violates or aids in the violation of any provision of this chapter or any rule or regulation of the commission shall be guilty of a misdemeanor.
[ 1989 c 5 s 22.]

catchline: Violations—Misdemeanor.


title: RCW 15.62.230

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 commission is hereby vested with the authority to utilize the services of the local prosecuting attorneys or special prosecutors as agreed upon by the commission and the local prosecutor for purposes of carrying out the prosecution of cases brought under this chapter.
(3) The superior courts are hereby vested with jurisdiction to enforce the provisions of this chapter, and the rules and regulations of the commission issued hereunder, and to prevent and enjoin and restrain violations thereof.
[ 1989 c 5 s 23.]

catchline: Prosecutions—Superior court jurisdiction—Equitable remedies.


title: RCW 15.62.300

text:
In the seventh year following the inception of the commission, a referendum shall be conducted by the department of agriculture to determine if the commission is still desired by the beekeeping industry in Washington. The commission shall continue if the director finds that affected apiarists and brokers voting in a referendum conducted as for an assessment increase in RCW 15.62.140(4) voted in favor of such continuance, otherwise it shall be terminated or suspended as in RCW 15.62.310.
[ 1989 c 5 s 25.]

catchline: Termination, suspension, or continuance of commission.


title: RCW 15.62.310

text:
The commission shall be terminated or suspended if the director finds that apiarists and brokers voting in a referendum conducted as for an assessment increase in RCW 15.62.140(4) voted in favor of such termination or suspension. A referendum may be called by a majority of the commission or by twenty percent of the resident affected persons representing twenty percent of the colonies and industry products sold in Washington.
Any moneys in the treasury at the time of an affirmative termination or suspension vote shall first be used to effect all acts associated with the termination or suspension procedures and liquidation of the affairs of the commission.
Any residual funds not necessary to defray the expenses of termination or suspension of the commission shall be turned over to Washington State University to be used in conducting research on the honey bee Apis mellifera.
[ 1989 c 5 s 26.]

catchline: Termination or suspension of commission.


title: RCW 15.62.900

text:
This chapter shall be liberally construed to effectuate the policies and purpose set forth herein.
[ 1989 c 5 s 24.]

catchline: Liberal construction.


title: RCW 15.64.010

text:
The director shall investigate and promote the economical and efficient distribution of farm products, and in so doing may cooperate with federal agencies and agencies of this and other states engaged in similar activities. For such purposes he or she may:
(1) Maintain a market news service by bulletins and through newspapers, giving information as to prices, available supplies of different farm products, demand in local and foreign markets, freight rates, and any other data of interest to producers and consumers;
(2) Aid producers and consumers in establishing economical and efficient methods of distribution, promoting more direct business relations by organizing cooperative societies of buyers and sellers and by other means reducing the cost and waste in the distribution of farm products;
(3) Investigate the methods of intermediaries handling farm products, and in so doing, he or she may hear complaints and suggestions and may visit places of business of all such intermediaries and may examine under oath, the officers and employees thereof;
(4) If he or she finds further legislation on this subject advisable, he or she shall make recommendations thereon to the governor not later than the fifteenth of November of each even-numbered year;
(5) Investigate the possibilities of direct dealing between the producer and consumer by parcel post and other mail order methods;
(6) Assist in the obtaining and employment of farm labor, and to that end cooperate with federal, state, and municipal agencies engaged in similar work;
(7) Investigate the methods, charges, and delays of transportation of farm products and assist producers in relation thereto.
[ 2010 c 8 s 6068; 1961 c 11 s 15.64.010. Prior: 1917 c 119 s 3; RRS s 2876.]

catchline: Director's duties and powers.


title: RCW 15.64.030

text:
The director shall enact rules and regulations governing the pursuit of technical studies of farm marketing problems. Said studies shall be under the supervision of the director of the experimental station of Washington State University. The extension service of Washington State University shall provide for dissemination to the public of knowledge gained by such studies.
[ 1961 c 11 s 15.64.030. Prior: 1947 c 280 s 2; Rem. Supp. 1947 s 2909-2.]

catchline: Studies of farm marketing problems—Rules.


title: RCW 15.64.040

text:
Moneys appropriated to the department for agricultural marketing research shall be expended by the department to further studies by the department, the experiment station of Washington State University and the extension service of Washington State University. The studies shall be made jointly or in conjunction with those made by the United States Department of Agriculture as provided for in the Flannigan-Hope Act, Title II "The Agricultural Marketing Act of 1946" Public Law 733. All funds appropriated shall be expended jointly and as matching funds with any federal funds made available for such purposes.
[ 1961 c 11 s 15.64.040. Prior: 1947 c 280 s 1; Rem. Supp. 1947 s 2909-1.]

catchline: Use of funds for studies—Joint studies with other agencies.


title: RCW 15.64.050

text:
(1) The small farm direct marketing assistance program is created.
(2) The director shall employ a small farm direct marketing assistant.
(3) The small farm direct marketing assistance program shall assist small farms in their direct marketing efforts. In carrying out this duty the program shall:
(a) Assist small farms in complying with federal, state, and local rules and regulations as they apply to direct marketing of agricultural products;
(b) Assist in developing infrastructure to increase direct marketing opportunities for small farms;
(c) Provide information on direct marketing opportunities for small farms;
(d) Promote localized food production systems;
(e) Increase access to information for farmers wishing to sell farm products directly to consumers;
(f) Identify and help reduce market barriers facing small farms in direct marketing;
(g) Assist in developing and submitting proposals to grant programs to assist small farm direct marketing efforts; and
(h) Perform other functions that will assist small farms in directly marketing their products.
[ 2007 c 522 s 947; 2007 c 122 s 1; 2001 2nd sp.s. c 3 s 2.]
Notes:
Severability—2007 c 522: "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." [ 2007 c 522 s 1801.]
Effective date—2007 c 522: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 15, 2007]." [ 2007 c 522 s 1802.]
Findings—2001 2nd sp.s. c 3: "The legislature finds that:
(1) Many consumers in this state appreciate and seek out the opportunity to purchase local farm products.
(2) Consumers and small-scale farmers would both benefit from increased opportunities to market farm products locally. Direct marketing provides farmers with the opportunity to realize an increased share of consumers' food dollars and provides consumers with a greater opportunity to support local agriculture and understand farm operations, farm culture, and the role farms play in meeting our food needs.
(3) The state would greatly benefit from a focused effort to increase the economic viability and profitability of small farms through increasing their ability to market their products directly to consumers.
(4) Direct marketing opportunities are often not feasible for farmers to undertake because of market barriers and the difficulty of obtaining information related to marketing.
(5) A direct marketing assistance program for small farmers could provide the needed information, technical assistance, and barrier clearing work that is a key to increasing direct marketing of farm products." [ 2001 2nd sp.s. c 3 s 1.]

catchline: Small farm direct marketing assistance program—Created—Duties.


title: RCW 15.64.060

text:
(1) A farm-to-school program is created within the department to facilitate increased procurement of Washington grown food by schools.
(2) The department, in consultation with the department of health, the office of the superintendent of public instruction, the department of enterprise services, and Washington State University, shall, in order of priority:
(a) Identify and develop policies and procedures to implement and evaluate the farm-to-school program, including coordinating with school procurement officials, buying cooperatives, and other appropriate organizations to develop uniform procurement procedures and materials, and practical recommendations to facilitate the purchase of Washington grown food by the common schools. These policies, procedures, and recommendations shall be made available to school districts to adopt at their discretion;
(b) Assist food producers, distributors, and food brokers to market Washington grown food to schools by informing them of food procurement opportunities, bid procedures, school purchasing criteria, and other requirements;
(c) Assist schools in connecting with local producers by informing them of the sources and availability of Washington grown food, including food that might be going to waste including, but not limited to, grade B produce, as allowed by federal regulations and local requirements, as well as the nutritional, environmental, and economic benefits of purchasing Washington grown food;
(d) Identify and recommend mechanisms that will increase the predictability of sales for producers and the adequacy of supply for purchasers;
(e) Identify and make available existing curricula, programs and publications that educate students on the nutritional, environmental, and economic benefits of preparing and consuming locally grown food;
(f) Support efforts to advance other farm-to-school connections such as school gardens or farms and farm visits; and
(g) As resources allow, seek additional funds to leverage state expenditures.
(3) The department in cooperation with the office of the superintendent of public instruction shall collect data on the activities conducted pursuant to chapter 215, Laws of 2008 and communicate such data biennially to the appropriate committees of the legislature beginning November 15, 2009. Data collected may include the numbers of schools and farms participating and any increases in the procurement of Washington grown food by the common schools.
(4) As used in this section, RCW 28A.335.190, and 28A.235.170, "Washington grown" means grown and packed or processed in Washington.
[ 2025 c 314 s 10; 2015 c 225 s 9; 2008 c 215 s 2.]
Notes:
Findings—Intent—2025 c 314: See note following RCW 70A.207.050.
Findings—Intent—2008 c 215: "(1) The legislature recognizes that the benefits of local food production include stewardship of working agricultural lands; direct and indirect jobs in agricultural production, food processing, tourism, and support industries; energy conservation and greenhouse gas reductions; and increased food security through access to locally grown foods.
(2) The legislature finds there is a direct correlation between adequate nutrition and a child's development and school performance. Children who are hungry or malnourished are at risk of lower achievement in school.
(3) The legislature further finds that adequate nutrition is also necessary for the physical health of adults, and that some communities have limited access to healthy fruits and vegetables and quality meat and dairy products, a lack of which may lead to high rates of diet-related diseases.
(4) The legislature believes that expanding market opportunities for Washington farmers will preserve and strengthen local food production and increase the already significant contribution that agriculture makes to the state and local economies.
(5) The legislature finds that the state's existing procurement requirements and practices may inhibit the purchase of locally produced food.
(6) The legislature intends that the local farms-healthy kids act strengthen the connections between the state's agricultural industry and the state's food procurement procedures in order to expand local agricultural markets, improve the nutrition of children and other at-risk consumers, and have a positive impact on the environment." [ 2008 c 215 s 1.]
Short title—2008 c 215: "This act may be known and cited as the local farms-healthy kids act." [ 2008 c 215 s 12.]
Captions not law—2008 c 215: "Captions used in this act are not any part of the law." [ 2008 c 215 s 13.]
Conflict with federal requirements—2008 c 215: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 2008 c 215 s 14.]

catchline: Farm-to-school program.


title: RCW 15.65.010

text:
This chapter shall be known and may be cited as the Washington state agricultural enabling act.
[ 1961 c 256 s 1.]

catchline: Short title.


title: RCW 15.65.020

text:
The following terms are hereby defined:
(1) "Affected commodity" means that part or portion of any agricultural commodity which is covered by or forms the subject matter of any marketing agreement or order or proposal, and includes all affected units thereof as herein defined and no others.
(2) "Affected parties" means any producer, affected producer, handler, or commodity board member.
(3) "Affected unit" means in the case of marketing agreements and orders drawn on the basis of a production area, any unit of the commodity specified in or covered by such agreement or order which is produced in such area and sold or marketed or delivered for sale or marketing; and "affected unit" means, in the case of marketing agreements and orders drawn on the basis of marketing area, any unit of the commodity specified in or covered by such agreement or order which is stored in frozen condition or sold or marketed or delivered for sale or marketing within such marketing area: PROVIDED, That in the case of marketing agreements "affected unit" shall include only those units which are produced by producers or handled by handlers who have assented to such agreement.
(4) "Agricultural commodity" means any of the following commodities or products: Llamas, alpacas, or any other animal or 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 and private sector cultured aquatic products as defined in RCW 15.85.020 and other fish and fish products, either in its natural or processed state, including beehives containing bees and honey and Christmas trees but not including timber or timber products. The director is hereby authorized to determine (on the basis of common usage and practice) what kinds, types or sub-types should be classed together as an agricultural commodity for the purposes of this chapter.
(5) "Assessment" means the monetary amount established in a marketing order or agreement that is to be paid by each affected producer to a commodity board in accordance with the schedule established in the marketing order or agreement.
(6) "Commercial quantities" as applied to producers and/or production means such quantities per year (or other period of time) of an agricultural commodity as the director finds are not less than the minimum which a prudent person engaged in agricultural production would produce for the purpose of making such quantity of such commodity a substantial contribution to the economic operation of the farm on which such commodity is produced. "Commercial quantities" as applied to handlers and/or handling means such quantities per year (or other period of time) of an agricultural commodity or product thereof as the director finds are not less than the minimum which a prudent person engaged in such handling would handle for the purpose of making such quantity a substantial contribution to the handling operation in which such commodity or product thereof is so handled. In either case, the director may in his or her discretion: (a) Determine that substantial quantity is any amount above zero; and (b) apply the quantity so determined on a uniform rule applicable alike to all persons which he or she finds to be similarly situated.
(7) "Commodity board" means any board established pursuant to RCW 15.65.220. "Board" means any such commodity board unless a different board is expressly specified.
(8) "Cooperative association" means any incorporated or unincorporated association of producers which conforms to the qualifications set out in the act of congress of the United States of February 18, 1922 as amended, known as the "Capper-Volstead Act" and which is engaged in making collective sales or in marketing any agricultural commodity or product thereof or in rendering service for or advancing the interests of the producers of such commodity on a nonprofit cooperative basis.
(9) "Department" means the department of agriculture of the state of Washington.
(10) "Director" means the director of agriculture of the state of Washington or his or her duly appointed representative. The phrase "director or his or her designee" means the director unless, in the provisions of any marketing agreement or order, he or she has designated an administrator, board, or other designee to act in the matter designated, in which case "director or his or her designee" means for such order or agreement the administrator, board, or other person(s) so designated and not the director.
(11) "Handler" means any person who acts, either as principal, agent or otherwise, in processing, selling, marketing or distributing an agricultural commodity or storage of a frozen agricultural commodity which was not produced by him or her. "Handler" does not mean a common carrier used to transport an agricultural commodity. "Affected handler" means any handler of an affected commodity. "To handle" means to act as a handler.
(12) "List of affected handlers" means a list containing the names and addresses of affected handlers. This list shall contain the names and addresses of all affected handlers and, if requested by the director, the amount, by unit, of the affected commodity handled during a designated period under this chapter.
(13) "List of affected parties" means a list containing the names and mailing addresses of affected parties. This list shall contain the names and addresses of all affected parties and, if requested by the director, the amount, by unit, of the affected commodity produced during a designated period under this chapter.
(14) "List of affected producers" means a list containing the names and mailing addresses of affected producers. This list shall contain the names and addresses of all affected producers and, if requested by the director, the amount, by unit, of the affected commodity produced during a designated period under this chapter.
(15) "Mail" or "send" for purposes of any notice relating to rule making, referenda, or elections means regular mail or electronic distribution, as provided in RCW 34.05.260 for rule making. "Electronic distribution" or "electronically" means distribution by electronic mail or facsimile mail.
(16) "Marketing agreement" means an agreement entered into and issued by the director pursuant to this chapter.
(17) "Marketing order" means an order adopted by the director under this chapter that establishes a commodity board for an agricultural commodity or agricultural commodities with like or common qualities or producers.
(18) "Member of a cooperative association" means any producer who markets his or her product through such cooperative association and who is a voting stockholder of or has a vote in the control of or is a party to a marketing agreement with such cooperative association with respect to such product.
(19) "Percent by numbers" means the percent of those persons on the list of affected parties or affected producers.
(20) "Person" means any individual, firm, corporation, limited liability company, trust, association, partnership, society, or any other organization of individuals, or any unit or agency of local, state, or federal government.
(21) "Producer" means any person engaged in the business of producing any agricultural commodity for market in commercial quantities. "Affected producer" means any producer who is subject to a marketing order or agreement. "To produce" means to act as a producer. For the purposes of RCW 15.65.140 and 15.65.160 as now or hereafter amended "producer" shall include bailees who contract to produce or grow any agricultural product on behalf of a bailor who retains title to the seed and its resulting agricultural product or the agricultural product delivered for further production or increase.
(22) "Producer-handler" means any person who acts both as a producer and as a handler with respect to any agricultural commodity. A producer-handler shall be deemed to be a producer with respect to the agricultural commodities which he or she produces, and a handler with respect to the agricultural commodities which he or she handles, including those produced by himself or herself.
(23) "Producer marketing" or "marketed by producers" means any or all operations performed by any producer or cooperative association of producers in preparing for market and marketing, and shall include: (a) selling any agricultural commodity produced by such producer(s) to any handler; (b) delivering any such commodity or otherwise disposing of it for commercial purposes to or through any handler.
(24) "Production area" and "marketing area" means any area defined as such in any marketing order or agreement in accordance with RCW 15.65.350. "Affected area" means the marketing or production area so defined in such order, agreement or proposal.
(25) "Represented in a referendum" means that a written document evidencing approval or assent or disapproval or dissent is duly and timely filed with or mailed to the director by or on behalf of an affected producer and/or a volume of production of an affected commodity in a form which the director finds meets the requirements of this chapter. "Referendum" means a vote by the affected parties or affected producers which is conducted by secret ballot.
(26) "Rule-making proceedings" means the rule-making provisions as outlined in chapter 34.05 RCW.
(27) "Section" means a section of this chapter unless some other statute is specifically mentioned. The present includes the past and future tenses, and the past or future the present. The masculine gender includes the feminine and neuter. The singular number includes the plural and the plural includes the singular.
(28) "Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter or trade.
(29) "Unit" of an agricultural commodity means a unit of volume, weight, quantity, or other measure in which such commodity is commonly measured. The director shall designate in each marketing order and agreement the unit to be used therein.
(30) "Vacancy" means that a board member leaves or is removed from a board position prior to the end of a term, or a nomination process for the beginning of a term concludes with no candidates for a position.
(31) "Volume of production" means the percent of the average volume of production of the affected commodity of those on the list of affected parties or affected producers for a production period. For the purposes of this chapter, a production period is a minimum three-year period or as specified in the marketing order or agreement.
[ 2011 c 103 s 23. Prior: 2009 c 549 s 1007; 2002 c 313 s 1; 1993 c 80 s 2; 1986 c 203 s 15; prior: 1985 c 457 s 13; 1985 c 261 s 1; 1975 1st ex.s. c 7 s 2; 1961 c 256 s 2.]
Notes:
Purpose—2011 c 103: See note following RCW 15.26.120.
Effective dates—2002 c 313: "This act takes effect July 1, 2002, except for sections 1, 15, 17, 29, 30, 39, 45, 57, 58, 137, and 138 of this act which are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [April 2, 2002]." [ 2002 c 313 s 139.]

catchline: Definitions.


title: RCW 15.65.028

text:
The history, economy, culture, and the future of Washington state to a large degree all involve agriculture. In order to develop and promote Washington's agricultural products as part of the existing comprehensive scheme to regulate agricultural commodities, the legislature declares:
(1) That the marketing of agricultural products within this state is in the public interest. It is vital to the continued economic well-being of the citizens of this state and their general welfare that its agricultural commodities be properly promoted by (a) enabling producers of agricultural commodities to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standardizing of the commodities they produce and (b) working towards stabilizing the agricultural industry by increasing consumption of agricultural commodities within the state, the nation, and internationally;
(2) That farmers and ranchers operate within a regulatory environment that imposes burdens on them for the benefit of society and the citizens of the state and includes restrictions on marketing autonomy. Those restrictions may impair the agricultural producer's ability to compete in local, domestic, and foreign markets;
(3) That it is now in the overriding public interest that support for the agricultural industry be clearly expressed, that adequate protection be given to agricultural commodities, uses, activities, and operations, and that each agricultural commodity be promoted individually, and as part of a comprehensive industry to:
(a) Enhance the reputation and image of Washington state's agricultural commodities;
(b) Increase the sale and use of Washington state's agricultural commodities in local, domestic, and foreign markets;
(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production of Washington state's agricultural commodities;
(d) Increase the knowledge of the health-giving qualities and dietetic value of Washington state's agricultural commodities and products; and
(e) Support and engage in programs or activities that benefit the planting, production, harvesting, handling, processing, marketing, and uses of agricultural commodities produced in Washington state;
(4) That the director seek to enhance, protect, and perpetuate the ability of the private sector to produce food and fiber, and seek to maintain the economic well-being of the agricultural industry in Washington state consistent with its regulatory activities and responsibilities;
(5) That the director is hereby authorized to implement, administer, and enforce this chapter through the adoption of marketing orders that establish commodity boards; and
(6) That this chapter is enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.
[ 2002 c 313 s 2.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Regulating agricultural commodities—Existing comprehensive scheme.


title: RCW 15.65.033

text:
This chapter and the rules adopted under it are only one aspect of the comprehensively regulated agricultural industry.
(1) Other laws applicable to agricultural commodities include the following chapters and the rules adopted thereunder:
Chapter 15.08 RCW Horticultural pests and diseases;
Chapter 15.13 RCW Horticultural plants, Christmas trees, and facilities—Inspection and licensing;
Chapter 15.14 RCW Planting stock;
Chapter 15.15 RCW Certified seed potatoes;
Chapter 15.17 RCW Standards of grades and packs;
Chapter 15.19 RCW Certification and inspection of ginseng;
Chapter 15.30 RCW Controlled atmosphere storage of fruits and vegetables;
Chapter 15.49 RCW Seeds;
Chapter 15.53 RCW Commercial feed;
Chapter 15.54 RCW Fertilizers, minerals, and limes;
Chapter 15.58 RCW Washington pesticide control act;
Chapter 15.60 RCW Apiaries;
Chapter 15.64 RCW Farm marketing;
Chapter 15.83 RCW Agricultural marketing and fair practices;
Chapter 15.85 RCW Aquaculture marketing;
Chapter 15.86 RCW Organic products;
Chapter 15.92 RCW Center for sustaining agriculture and natural resources;
The food safety and security act under chapter 15.130 RCW;
Chapter 17.24 RCW Insect pests and plant diseases;
Chapter 19.94 RCW Weights and measures;
Chapter 20.01 RCW Agricultural products—Commission merchants, dealers, brokers, buyers, agents;
Chapter 22.09 RCW Agricultural commodities;
Chapter 69.07 RCW Washington food processing act;
Chapter 69.25 RCW Washington wholesome eggs and egg products act;
Chapter 69.28 RCW Honey;
7 U.S.C., section 136, Federal insecticide, fungicide, and rodenticide act.
(2) In addition to the laws and regulations listed in subsection (1) of this section that apply to the agricultural industry as a whole, the dry pea and lentil industry is regulated by or must comply with the additional laws and rules adopted under 7 U.S.C., chapter 38, agricultural marketing act.
[ 2018 c 236 s 706; 2011 c 103 s 24; 2002 c 313 s 3.]
Notes:
Purpose—2011 c 103: See note following RCW 15.26.120.
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Regulating agricultural commodities—Laws applicable.


title: RCW 15.65.040

text:
The director may adopt a marketing order that establishes a commodity board under this chapter for any of the following purposes:
(1) To aid agricultural producers in preventing economic waste in the marketing of their agricultural commodities and in developing more efficient methods of marketing agricultural products.
(2) To enable agricultural producers of this state, with the aid of the state:
(a) To develop, and engage in research for developing, better and more efficient production, irrigation, processing, transportation, handling, marketing, and utilization of agricultural products;
(b) To establish orderly marketing of agricultural commodities;
(c) To provide for uniform grading and proper preparation of agricultural commodities for market;
(d) To provide methods and means (including, but not limited to, public relations and promotion) for the maintenance of present markets and for the development of new or larger markets, both domestic and foreign, for agricultural commodities produced within this state and for the prevention, modification, or elimination of trade barriers which obstruct the free flow of such agricultural commodities to market;
(e) To eliminate or reduce economic waste in the marketing and/or use of agricultural commodities;
(f) To restore and maintain adequate purchasing power for the agricultural producers of this state;
(g) To provide information or communicate on matters pertaining to the production, irrigation, processing, transportation, marketing, or uses of an agricultural commodity produced in Washington state to any elected official or officer or employee of any agency;
(h) To provide marketing information and services for producers of an agricultural commodity;
(i) To provide information and services for meeting resource conservation objectives of producers of an agricultural commodity;
(j) To engage in cooperative efforts in the domestic or foreign marketing of food products of an agricultural commodity;
(k) To provide for commodity-related education and training; and
(l) To accomplish all the declared policies of this chapter.
(3) To protect the interest of consumers by assuring a sufficient pure and wholesome supply of agricultural commodities of good quality at all seasons and times.
[ 2002 c 313 s 4; 2001 c 315 s 4; 1961 c 256 s 4.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Establishing a commodity board—Marketing order—Purposes.


title: RCW 15.65.043

text:
A commodity board may establish a foundation using commission funds as grant money when the foundation benefits the commodity for which the board was established. Commission funds may be used for the purposes authorized in the marketing order.
[ 2001 c 315 s 7.]

catchline: Board may establish foundation.


title: RCW 15.65.047

text:
(1) The director may adopt rules necessary to carry out the director's duties and responsibilities under this chapter including:
(a) The issuance, amendment, or termination of marketing orders or agreements;
(b) Procedural, technical, or administrative rules which may address and include, but are not limited to:
(i) The submission of a petition to issue, amend, or terminate a marketing order or agreement under this chapter;
(ii) Nominations conducted under this chapter;
(iii) Elections of board members or referenda conducted under this chapter;
(iv) Actions of the director upon a petition to issue, amend, or terminate a marketing order or agreement;
(c) Rules that provide for a method to fund:
(i) The costs of staff support for all commodity boards and commissions in accordance with RCW 43.23.033 if the position is not directly funded by the legislature; and
(ii) The actual costs related to the specific activity undertaken on behalf of an individual commodity board or commission.
(2) The director may adopt amendments to marketing agreements or orders without conducting a referendum if the amendments are adopted under the following criteria:
(a) The proposed amendments relate only to internal administration of a marketing order or agreement and are not subject to violation by a person;
(b) The proposed amendments adopt or incorporate by reference without material change federal statutes or regulations, Washington state statutes, or rules of other Washington state agencies, if the material adopted or incorporated regulates the same activities as are authorized under the marketing order or agreement;
(c) The proposed amendments only correct typographical errors, make address or name changes, or clarify language of a rule without changing the marketing order or agreement; and
(d) The content of the proposed amendments is explicitly and specifically dictated by statute.
A marketing order or agreement shall not be amended without a referendum to provide that a majority of the commodity board members be appointed by the director.
[ 2002 c 313 s 7.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Director's duties and responsibilities—Amendments to marketing orders or agreements without a referendum—Rules.


title: RCW 15.65.050

text:
The director shall administer and enforce this chapter and it shall be his or her duty to carry out its provisions and put them into force in accordance with its terms, but issuance, amendment, modification, and/or suspension of marketing agreements and orders and of any terms or provisions thereof shall be accomplished according to the procedures set forth in this chapter and not otherwise. Whenever he or she has reason to believe that the issuance or amendment of a marketing agreement or order will tend to effectuate any declared policy or purpose of this chapter with respect to any agricultural commodity, and in the case of application for issuance or amendment ten or more producers of such commodity apply or when a petition for amendment is submitted by majority vote of a commodity board, then the director shall give due notice of, and an opportunity for, a public hearing upon such issuance or amendment, and the director shall issue marketing agreements and orders containing the provisions specified in this chapter and from time to time amend the same whenever upon compliance with and on the basis of facts adduced in accordance with the procedural requirements of this chapter he or she shall find that such agreement, order, or amendment:
(1) Will tend to effectuate one or more of the declared policies of this chapter and is needed in order to effectuate the same.
(2) Is reasonably adapted to accomplish the purposes and objects for which it is issued and complies with the applicable provisions of this chapter.
(3) Has been approved or favored by the percentages of producers and/or handlers specified in and ascertained in accordance with this chapter.
[ 2002 c 313 s 5; 1961 c 256 s 5.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Director to enforce and administer chapter—Marketing agreements, orders issued, amended, notice, grounds for amendments.


title: RCW 15.65.060

text:
The director shall cause any marketing agreement, order proposed for issuance, or amendment to be set out in detailed form and reduced to writing, which writing is herein designated "proposal." The director shall make and maintain on file in the office of the department a copy of each proposal and a full and complete record of all notices, hearings, findings, decisions, assents, and all other proceedings relating to each proposal and to each marketing agreement and order.
[ 2002 c 313 s 6; 1961 c 256 s 6.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Form, filing of marketing agreement, order, amendment, and other proceedings.


title: RCW 15.65.070

text:
The director shall publish notice of any hearing called for the purpose of considering and acting upon any proposal for a period of not less than two days in one or more newspapers of general circulation as the director may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. Such notice shall set forth the date, time and place of said hearing, the agricultural commodity and the area covered by such proposal; a concise statement of the proposal; a concise statement of each additional subject upon which the director will hear evidence and make a determination, and a statement that, and the address where, copies of the proposal may be obtained. The director shall also mail notice to all producers and handlers within the affected area who may be directly affected by such proposal and whose names and addresses appear, on the day next preceding the day on which such notice is published, upon lists of such persons then on file in the department.
[ 2002 c 313 s 8; 1987 c 393 s 5; 1985 c 261 s 2; 1979 c 154 s 4; 1961 c 256 s 7.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1979 c 154: See note following RCW 15.49.330.

catchline: Notice of hearing on proposal—Publication—Contents.


title: RCW 15.65.090

text:
The director shall have the power to issue subpoenas for the production of any books, records, or documents of any kind and to subpoena witnesses to be produced or to appear (as the case may be) in the county wherein the principal party involved in such hearing resides. No person shall be excused from attending and testifying or from producing documentary evidence before the director in obedience to the subpoena of the director on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture, but no natural person shall be prosecuted or subject to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he or she may be so required to testify or produce evidence, documentary or otherwise, before the director in obedience to a subpoena issued by him or her: PROVIDED, That no natural person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying. The superior court of the county in which any such hearing or proceeding may be had, may compel the attendance of witnesses and the production of records, papers, books, accounts, documents and testimony as required by such subpoena. In case any witness refuses to attend or testify or produce any papers required by the subpoena, the director or his or her examiner shall so report to the superior court of the county in which the proceeding is pending by petition setting forth that due notice was given of the time and place of attendance of the witness or the production of the papers and that the witness has been summoned in the manner prescribed in this chapter and that the fees and mileage of the witness have been paid or tendered to him or her in accordance with RCW 2.40.020 and that he or she has failed to attend or produce the papers required by the subpoena at the hearing, cause, or proceeding specified in the notice and subpoena, or has refused to answer questions propounded to him or her in the course of such hearing, cause or proceeding, and shall ask an order of the court to compel such witness to appear and testify before the director. The court upon such petition shall enter an order directing the witness to appear before the court at a time and place to be fixed in such order and then and there show cause why he or she has not responded to the subpoena. A certified copy of the show cause order shall be served upon the witness. If it shall appear to the court that the subpoena was regularly issued, the court shall enter a decree that the witness appear at the time and place fixed in the decree and testify or produce the required papers, and on failing to obey said decree the witness shall be dealt with as for contempt of court.
[ 2002 c 313 s 9; 1961 c 256 s 9.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Subpoenas—Compelling attendance of witnesses, fees—Immunity of witnesses.


title: RCW 15.65.100

text:
The director shall make and publish findings based upon the facts, testimony, and evidence received at the public hearings together with any other relevant facts available to him or her from official publications of the United States or any state thereof or any institution of recognized standing and he or she is hereby expressly empowered to take "official notice" of the same. Such findings shall be made upon every material point controverted at the hearing and/or required by this chapter and upon such other matters and things as the director may deem fitting and proper. The director shall issue a recommended decision based upon his or her findings and shall cause copies of the findings and recommended decision to be delivered or mailed to all parties of record appearing at the hearing, or their attorneys of record.
[ 2010 c 8 s 6069; 1961 c 256 s 10.]

catchline: Director's findings and recommended decision, delivery of copies—Taking official notice of facts from other agencies.


title: RCW 15.65.110

text:
After the issuance of a recommended decision all interested parties shall have a period of not less than ten days to file objections or exceptions with the director. Thereafter the director shall take such objections and exceptions as are filed into consideration and shall issue and publish his or her final decision which may be the same as the recommended decision or may be revised in the light of said objections and exceptions. Upon written waiver executed by all parties of record at any hearing or by their attorneys of record the director may in his or her discretion omit compliance with the provisions of this section.
[ 2010 c 8 s 6070; 1961 c 256 s 11.]

catchline: Filing objections to recommended decision—Final decision—Waiver.


title: RCW 15.65.120

text:
The recommended decision shall contain the text in full of any recommended agreement, order, or amendment, and may deny or approve the proposal in its entirety, or it may recommend a marketing agreement, order, or amendment containing other or different terms or conditions from those contained in the proposal: PROVIDED, That the same shall be of a kind or type substantially within the purview of the notice of hearing and shall be supported by evidence taken at the hearing or by documents of which the director is authorized to take official notice. The final decision shall set out in full the text of the agreement, order, or amendment covered thereby, and the director shall issue and deliver or mail copies of the final decision to all producers and handlers within the affected area who may be directly affected by such final decision and whose names and addresses appear, on the day next preceding the day on which such final decision is issued, upon the lists of such persons then on file in the department, and to all parties of record appearing at the hearing, or their attorneys of record. If the final decision denies the proposal in its entirety no further action shall be taken by the director.
[ 2002 c 313 s 10; 1985 c 261 s 3; 1961 c 256 s 12.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Contents and scope of recommended and final decision—Delivery of copies.


title: RCW 15.65.130

text:
With respect to marketing agreements, the director shall after publication of his or her final decision, invite all producers and handlers affected thereby to assent or agree to the agreement or amendment set out in such decision. Said marketing agreements or amendments thereto shall be binding upon and only upon persons who have agreed thereto in writing and whose written agreement has been filed with the director: PROVIDED, That the filing of such written agreement by a cooperative association shall be binding upon such cooperative and all of its members, and PROVIDED, FURTHER, That the director shall enter into and put into force a marketing agreement or amendment thereto when and only when he or she shall find in addition to the other findings specified in this chapter that said marketing agreement or any amendment thereto has been assented to by a sufficient number of signatories who handle or produce a sufficient volume of the commodity affected to tend to effectuate the declared policies and purposes of this chapter and to accomplish the purposes and objects of such agreement or amendment thereto and provide sufficient moneys from assessments levied to defray the necessary expenses of formulation, issuance, administration, and enforcement. Such agreement shall be deemed to be issued and put into force and effect when the director shall have so notified all persons who have assented thereto.
[ 2010 c 8 s 6071; 1961 c 256 s 13.]

catchline: Agreements binding only on those who assent in writing—Agreement not effective until sufficient signatories to effectuate chapter—When effective.


title: RCW 15.65.140

text:
No marketing order or amendment thereto directly affecting producers or producer marketing shall be issued unless the director determines (in accordance with any of the procedures described at RCW 15.65.160) that the issuance of such order or amendment is assented to or favored by producers within the affected area who during a representative period determined by the director constituted either (1) at least sixty-five percent by numbers and at least fifty-one percent by volume of production of the producers who have been engaged within the area of production specified in such marketing order in the production for market of the commodity specified therein, or who during such representative period have been engaged in the production of such commodity for marketing in the marketing area specified in such marketing order, or (2) at least fifty-one percent by numbers and at least sixty-five percent by volume of production of such producers: PROVIDED, That producers shall be deemed to have assented to or approved a proposed amendment order if sixty percent or more by number and sixty percent or more by volume of those replying assent or approve the proposed order in a referendum.
[ 1985 c 261 s 4; 1975 1st ex.s. c 7 s 3; 1961 c 256 s 14.]

catchline: Minimum assent requirements prerequisite to order or amendment affecting producers or producer marketing.


title: RCW 15.65.150

text:
Any marketing order or amendment thereto directly assessing handlers shall be issued either (1) when the director determines that the issuance of such order or amendment is assented to or favored by handlers who during a representative period determined by the director constituted at least fifty-one percent by numbers or fifty-one percent by volume handled of the handlers who have been engaged in the handling of the commodity specified in such marketing order produced in such production area or marketed in such marketing area, as the case may be, or (2) when upon the basis of findings on a duly noticed hearing held in the manner herein provided, the director determines:
(a) That the issuance of such order or amendment will not result in unequal cost of product or availability of supplies, or cause competitive disadvantage of other respects as between handlers;
(b) That the issuance of such order or amendment is the only practical means of advancing the interest of producers of such commodity pursuant to the declared policy of this chapter and that failure to issue such order or amendment would tend to prevent effectuation of the declared policies of this chapter;
(c) That the issuance of such order is assented to or favored by producers who during a representative period determined by the director constituted at least seventy-five percent by numbers or at least sixty-five percent by volume of production of the producers who have been engaged within the production area specified in such marketing order in the production for market of the commodity specified therein, or who during such representative period have been engaged in the production of such commodity for sale in the marketing area specified in such order.
[ 1985 c 261 s 5; 1961 c 256 s 15.]

catchline: Minimum requirements prerequisite to order or amendment assessing handlers—Assent by producers.