title: RCW 17.10.050

text:
(1) Each activated county noxious weed control board consists of five voting members appointed by the county legislative authority in the manner prescribed in this section. In appointing the voting members, the county legislative authority shall divide the county into five geographical areas that best represent the county's interests, and appoint a voting member from each geographical area. At least three of the voting members shall be engaged in the primary production of agricultural products. There is one nonvoting member on the board who is the director of the county extension office or an extension agent appointed by the director of the county extension office. Each voting member of the board serves a term of four years, except that the county legislative authority shall, when a board is first activated under this chapter, designate two voting members to serve terms of two years. The board members shall not receive a salary but shall be compensated for actual and necessary expenses incurred in the performance of their official duties.
(2)(a) The voting members of the board serve until their replacements are appointed. New members of the board shall be appointed at least thirty days prior to the expiration of any board member's term of office.
(b) Notice of expiration of a term of office shall be published at least twice in a weekly or daily newspaper of general circulation in the geographical area with last publication occurring at least ten days prior to the nomination. All persons interested in appointment to the board and residing in the geographical area with a pending nomination shall make a written application that includes the signatures of at least ten registered voters residing in the geographical area supporting the nomination to the county noxious weed control board. After nominations close, the county noxious weed control board shall, after a hearing, send the applications to the county legislative authority recommending the names of the most qualified candidates, and post the names of those nominees in the county courthouse or county website and publish in at least one newspaper of general circulation in the county. The county legislative authority, within 60 days of receiving the list of nominees, shall appoint one of those nominees to the county noxious weed control board to represent that geographical area during that term of office. If the county legislative authority fails to appoint a nominee within the 60-day period and a quorum of the board is not seated, the county noxious weed control board shall appoint a nominee only to meet a quorum, who shall serve in that capacity until the county legislative authority appoints a nominee to fill the vacant position in the manner prescribed in this section. Not more than three board members may be appointed in this manner.
(3) Within thirty days after all the members have been appointed, the board shall conduct its first meeting. A majority of the voting members of the board constitutes a quorum for the transaction of business and is necessary for any action taken by the board. The board shall elect from its members a chair and other officers as may be necessary.
(4) In case of a vacancy, the position must be filled in the manner prescribed in this section.
[ 2021 c 217 s 3; 1997 c 353 s 6; 1987 c 438 s 4; 1980 c 95 s 1; 1977 ex.s. c 26 s 6; 1975 1st ex.s. c 13 s 3; 1974 ex.s. c 143 s 1; 1969 ex.s. c 113 s 5.]

catchline: Activated county noxious weed control board—Members—Election—Terms—Meetings—Quorum—Expenses—Officers—Vacancy.


doc_type: statute

jurisdiction: wa

title: RCW 17.10.060

text:
(1) Each activated county noxious weed control board must employ or otherwise provide a weed coordinator whose duties are fixed by the board but which shall include inspecting land to determine the presence of noxious weeds, offering technical assistance and education, and developing a program to achieve compliance with the weed law. The weed coordinator may be employed full time, part time, or seasonally by the county noxious weed control board. County weed board employment practices shall comply with county personnel policies. Within sixty days from initial employment, the weed coordinator must obtain licensure consistent with Washington state department of agriculture pesticide license rules, and the necessary endorsements on the licenses as required by law. Each board may purchase, rent, or lease equipment, facilities, or products and may hire additional persons as it deems necessary for the administration of the county's noxious weed control program.
(2) Each activated county noxious weed control board has the power to adopt rules and regulations, subject to notice and hearing as provided in chapter 42.30 RCW, as are necessary for an effective county weed control or eradication program.
(3) Each activated county noxious weed control board shall meet with a quorum at least quarterly.
[ 2021 c 217 s 4; 1997 c 353 s 7; 1987 c 438 s 5; 1969 ex.s. c 113 s 6.]
Notes:

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Activated county noxious weed control board—Weed coordinator—Authority—Rules and regulations.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 17.10.070

text:
(1) In addition to the powers conferred on the state noxious weed control board under other provisions of this chapter, it has the power to:
(a) Employ a state noxious weed control board executive secretary and educational specialist, and additional persons as it deems necessary, to disseminate information relating to noxious weeds to county noxious weed control boards and weed districts, to coordinate the educational and weed control efforts of the various county and regional noxious weed control boards and weed districts, and to assist the board in carrying out its responsibilities;
(b) Adopt, amend, or repeal rules, pursuant to the administrative procedure act, chapter 34.05 RCW, as may be necessary to carry out the duties and authorities assigned to the board by this chapter.
(2) The state noxious weed control board must provide a written report before January 1st of each odd-numbered year to the county noxious weed control boards and the weed districts showing the expenditure of state funds on noxious weed control; specifically how the funds were spent; the status of the state, county, and district programs; and recommendations for the continued best use of state funds for noxious weed control. The report must include recommendations as to the long-term needs regarding weed control.
[ 2021 c 217 s 5; 1998 c 245 s 3; 1997 c 353 s 8; 1987 c 438 s 6; 1975 1st ex.s. c 13 s 4; 1969 ex.s. c 113 s 7.]

catchline: State noxious weed control board—Powers—Report.


title: RCW 17.10.074

text:
(1) In addition to the powers conferred on the director under other provisions of this chapter, the director, with the advice of the state noxious weed control board, has power to:
(a) Require the county legislative authority or the noxious weed control board of any county or any weed district to report to it concerning the presence, absence, or estimated amount of noxious weeds and measures, if any, taken or planned for the control thereof;
(b) Employ staff as may be necessary in the administration of this chapter;
(c) Adopt, amend, or repeal rules, pursuant to the administrative procedure act, chapter 34.05 RCW, as may be necessary to carry out this chapter;
(d) Do such things as may be necessary and incidental to the administration of its functions pursuant to this chapter including but not limited to surveying for and detecting noxious weed infestations.
(2) In addition to the powers conferred on the director under the provisions of this chapter, the director, with the advice of the state noxious weed control board, must:
(a) Upon receipt of a complaint signed by a majority of the members of an adjacent county noxious weed control board or weed district, or by one hundred registered voters that are land owners within the county, require the county legislative authority or noxious weed control board of the county or weed district that is the subject of the complaint to respond to the complaint within forty-five days with a plan for the control of the noxious weeds cited in the complaint;
(b) If the complaint in (a) of this subsection involves a class A or class B noxious weed, order the county legislative authority, noxious weed control board, or weed district to take immediate action to eradicate or control the noxious weed infestation. If the county or the weed district does not take action to control the noxious weed infestation in accordance with the order, the director may control it or cause it to be controlled. The county or weed district is liable for payment of the expense of the control work including necessary costs and expenses for attorneys' fees incurred by the director in securing payment from the county or weed district. The director may bring a civil action in a court of competent jurisdiction to collect the expenses of the control work, costs, and attorneys' fees;
(c) In counties without an activated noxious weed control board, enter upon any property as provided for in RCW 17.10.160, issue or cause to be issued notices and citations and take the necessary action to control noxious weeds as provided in RCW 17.10.170, hold hearings on any charge or cost of control action taken as provided for in RCW 17.10.180, issue a notice of civil infraction as provided for in RCW 17.10.230, 17.10.310, and 17.10.350, and place a lien on any property pursuant to RCW 17.10.280, 17.10.290, and 17.10.300 with the same authorities and responsibilities imposed by these sections on county noxious weed control boards;
(d) Adopt a list of noxious weed seeds and toxic weeds which shall be controlled in designated articles, products, or feed stuffs as provided for in RCW 17.10.235.
(3) The moneys appropriated for noxious weed control to the department shall be used for administration of the state noxious weed control board, the administration of the director's powers under this chapter, the purchase of materials for controlling, containing, or eradicating noxious weeds, the purchase or collection of biological control agents for controlling noxious weeds, and the contracting for services to carry out the purposes of this chapter. In a county with an activated noxious weed control board, the director shall make every effort to contract with that board for the needed services.
(4) If the director determines the need to reallocate funds previously designated for county use, the director shall convene a meeting of the state noxious weed control board to seek its advice concerning any reallocation.
[ 2021 c 217 s 6; 1997 c 353 s 9; 1987 c 438 s 7.]

catchline: Director—Powers.


title: RCW 17.10.080

text:
(1) The state noxious weed control board shall each year or more often, following a hearing, adopt a state noxious weed list.
(2) The state noxious weed control board shall adopt guidelines by rule for placing plants on the state noxious weed list. These guidelines must include criteria for reconsideration of proposed new species that were not adopted by the state noxious weed control board, including the need for the board to be presented with additional data from scientific sources regarding any invasive and noxious qualities of the species and from existing positive economic benefits before taking any action.
(3) Any person may request during a comment period established by the state noxious weed control board the inclusion, deletion, or designation change of any plant to the state noxious weed list.
(4) The state noxious weed control board shall send a copy of the list to each activated county noxious weed control board, to each weed district, and to the county legislative authority of each county with an inactive noxious weed control board.
(5) The record of rule making must include the written findings of the board for the inclusion of each plant on the list. The findings shall be made available upon request to any interested person.
[ 2011 c 126 s 1; 1997 c 353 s 10; 1989 c 175 s 57; 1987 c 438 s 8; 1975 1st ex.s. c 13 s 5; 1969 ex.s. c 113 s 8.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: State noxious weed list—Hearing—Adoption—Guidelines for placing plants on the list—Dissemination.


title: RCW 17.10.090

text:
(1) Each county noxious weed control board shall, within ninety days of the adoption of the state noxious weed list from the state noxious weed control board and following a hearing, select those weeds from the class C list and those weeds from the class B list not designated for control in the noxious weed control region in which the county lies that it finds necessary to be controlled in the county.
(2) The weeds thus selected and all class A weeds and those class B weeds that have been designated for control in the noxious weed control region in which the county lies shall be classified within that county as noxious weeds, and those weeds comprise the county noxious weed list.
(3) Nothing in this chapter limits a county noxious weed control board, or other branch of county or city government, from conducting education, outreach, or other assistance regarding plant species not included on the state noxious weed list if the county or city determines that the plant species causes localized risk or concern.
[ 2011 c 126 s 2; 1997 c 353 s 11; 1987 c 438 s 9; 1969 ex.s. c 113 s 9.]

catchline: State noxious weed list—Selection of weeds for control by county board.


title: RCW 17.10.100

text:
Where any of the following occur, the state noxious weed control board must hold a hearing, then may order any county noxious weed control board or weed district to include a noxious weed from the state board's list in the county's noxious weed list:
(1) Where the state noxious weed control board receives a petition from at least one hundred registered voters within the county requesting that the weed be listed.
(2) Where the state noxious weed control board receives a request for inclusion from an adjacent county's noxious weed control board or weed district, which the adjacent board or district has included that weed in its county or district list, and the adjacent board or weed district documents that its noxious weed control program is being hampered by the failure to include the weed on the county's noxious weed list.
[ 2021 c 217 s 7; 1997 c 353 s 12; 1987 c 438 s 10; 1969 ex.s. c 113 s 10.]

catchline: Order to county board to include weed from state board's list in county's noxious weed list.


title: RCW 17.10.110

text:
A regional noxious weed control board comprising the area of two or more counties may be created as follows:
Either the county legislative authority, or the noxious weed control board, or both, of two or more counties may, upon a determination that the purpose of this chapter will be served by the creation of a regional noxious weed control board, adopt a resolution providing for a limited merger of the functions of their respective counties noxious weed control boards. The resolution becomes effective only when a similar resolution is adopted by the other county or counties comprising the proposed regional board.
[ 1997 c 353 s 13; 1987 c 438 s 11; 1975 1st ex.s. c 13 s 6; 1969 ex.s. c 113 s 11.]

catchline: Regional noxious weed control board—Creation.


title: RCW 17.10.120

text:
In any case where a regional noxious weed control board is created, the county noxious weed control boards comprising the regional board shall still remain in existence and shall retain all powers and duties provided for the boards under this chapter.
The regional noxious weed control board is comprised of the voting members and the nonvoting members of the component counties noxious weed control boards or county legislative authorities who shall, respectively, be the voting and nonvoting members of the regional board: PROVIDED, That each county shall have an equal number of voting members. The board may appoint other nonvoting members as deemed necessary. A majority of the voting members of the board constitutes a quorum for the transaction of business and is necessary for any action taken by the board. The board shall elect a chair from its members and other officers as may be necessary. Members of the regional board serve without salary but shall be compensated for actual and necessary expenses incurred in the performance of their official duties.
[ 1997 c 353 s 14; 1987 c 438 s 12; 1969 ex.s. c 113 s 12.]

catchline: Regional noxious weed control board—Members—Meetings—Quorum—Officers—Effect on county boards.


title: RCW 17.10.130

text:
The powers and duties of a regional noxious weed control board are as follows:
(1) The regional board shall, within ninety days of the adoption of the state noxious weed list from the state noxious weed control board and following a hearing, select those weeds from the state list that it finds necessary to be controlled on a regional basis. The weeds thus selected shall also be contained in the county noxious weed list of each county in the region.
(2) The regional board shall take action as may be necessary to coordinate the noxious weed control programs of the region and adopt a regional plan for the control of noxious weeds.
[ 1997 c 353 s 15; 1987 c 438 s 13; 1969 ex.s. c 113 s 13.]

catchline: Regional noxious weed control board—Powers and duties.


title: RCW 17.10.134

text:
Obligations or liabilities incurred by any county or regional noxious weed control board or any claims against a county or regional noxious weed control board are governed by chapter 4.96 RCW or RCW 4.08.120: PROVIDED, That individual members or employees of a county noxious weed control board are personally immune from civil liability for damages arising from actions performed within the scope of their official duties or employment.
[ 1997 c 353 s 16; 1987 c 438 s 14.]

catchline: Liability of county and regional noxious weed control boards.


title: RCW 17.10.140

text:
(1) Except as is provided under subsection (2) of this section, every owner must perform or cause to be performed those acts as may be necessary to:
(a) Eradicate all class A noxious weeds;
(b) Control and prevent the spread of all class B noxious weeds designated for control in that region within and from the owner's property; and
(c) Control and prevent the spread of all class B and class C noxious weeds listed on the county weed list as locally mandated control priorities within and from the owner's property.
(2) Every owner of forestlands classified under RCW 17.10.240(2), or meeting the definition of forestlands contained in RCW 17.10.240, must perform or cause to be performed those acts as may be necessary to:
(a) Eradicate all class A noxious weeds;
(b) Control and prevent the spread of all class B noxious weeds designated for control in that region within and from the owner's property; and
(c) Control and prevent the spread of all class B and class C noxious weeds listed on the county weed list as locally mandated control priorities within and from the owner's property only when encountered in any of the following enumerated circumstances:
(i) Within 1,000 feet of adjacent land uses;
(ii) Within 25 feet of all privately owned roads unless properly abandoned as defined under WAC 222-24-052 as that section existed as of January 1, 2020;
(iii) Within 200 feet of navigable rivers, gravel pits, log yards, and staging areas, except when not allowed under other state or federal laws or regulations; and
(iv) For a single five-year period within harvested areas following the harvesting of trees for products.
[ 2021 c 217 s 8; 1997 c 353 s 17; 1969 ex.s. c 113 s 14.]

catchline: Owner's duty to control spread of noxious weeds.


title: RCW 17.10.145

text:
(1) All state agencies shall control noxious weeds on lands they own, lease, or otherwise control through integrated pest management practices. Agencies shall develop plans in cooperation with county noxious weed control boards to control noxious weeds in accordance with standards in this chapter. Agencies shall appoint a liaison whose duties include serving as a common point of contact for all weed boards and developing and implementing noxious weed control plans.
(2) All state agencies' lands must comply with this chapter, regardless of noxious weed control efforts on adjacent lands.
(3) While conducting planned projects to ensure compliance with this chapter, all agencies must give preference, when deemed appropriate by the acting agency for the project and targeted resource management goals, to replacing noxious weeds with native forage plants that are pollen-rich or nectar-rich and beneficial for all pollinators, including honey bees.
[ 2021 c 217 s 9; 2019 c 353 s 4; 2016 c 44 s 2; 1997 c 353 s 18; 1995 c 374 s 75.]
Notes:
Findings—Intent—2019 c 353: See note following RCW 43.23.300.
Effective date—1995 c 374 ss 69, 70, and 72-79: See note following RCW 16.24.130.

catchline: State agencies' duty to control spread of noxious weeds—Replacement of noxious weeds with native forage plants that are beneficial to pollinators.


title: RCW 17.10.154

text:
It is recognized that the prevention, control, and eradication of noxious weeds presents a problem for immediate as well as for future action. It is further recognized that immediate prevention, control, and eradication is practicable on some lands and that prevention, control, and eradication on other lands should be extended over a period of time. Therefore, it is the intent of this chapter that county noxious weed control boards may use their discretion and, by agreement with the owners of land, may propose and accept plans for prevention, control, and eradication that may be extended over a period of years. The county noxious weed control board may make an agreement with the owner of any parcel of land by contract between the landowner and the respective county noxious weed control board, and the board shall enforce the terms of any agreement. The county noxious weed control board may make any terms that will best serve the interests of the owners of the parcel of land and the common welfare that comply with this chapter. Agreements made under this section must include at least a one thousand foot buffer for all adjacent agricultural land uses. Noxious weed control in this buffer must comply with RCW 17.10.140(1).
[ 1997 c 353 s 19; 1987 c 438 s 16.]

catchline: Owners' agreements with county noxious weed control boards—Terms—Enforcement.


title: RCW 17.10.160

text:
Any authorized agent or employee of the county noxious weed control board or of the state noxious weed control board or of the department of agriculture where not otherwise proscribed by law may enter upon any property for the purpose of administering this chapter and any power exercisable pursuant thereto, including the taking of specimens of weeds, general inspection, and the performance of eradication or control work. Prior to carrying out the purpose for which the entry is made, the official making such entry or someone in his or her behalf, shall make a reasonable attempt to notify the owner of the property as to the purpose and need for the entry.
(1) When there is probable cause to believe that there is property within this state not otherwise exempt from process or execution upon which noxious weeds are standing or growing and the owner refuses permission to inspect the property, a judge of the superior court or district court in the county in which the property is located may, upon the request of the county noxious weed control board or its agent, issue a warrant directed to the board or agent authorizing the taking of specimens of weeds or other materials, general inspection, and the performance of eradication or control work.
(2) Application for issuance and execution and return of the warrant authorized by this section shall be in accordance with the applicable rules of the superior court or the district courts.
(3) Nothing in this section requires the application for and issuance of any warrant not otherwise required by law: PROVIDED, That civil liability for negligence shall lie in any case in which entry and any of the activities connected therewith are not undertaken with reasonable care.
(4) Any person who improperly prevents or threatens to prevent entry upon land as authorized in this section or any person who interferes with the carrying out of this chapter shall be upon conviction guilty of a misdemeanor.
[ 1997 c 353 s 20; 1987 c 438 s 17; 1969 ex.s. c 113 s 16.]

catchline: Right of entry—Warrant for noxious weed search—Civil liability—Penalty for preventing entry.


title: RCW 17.10.170

text:
(1) Whenever the county noxious weed control board finds that noxious weeds are present on any parcel of land, and that the owner is not taking prompt and sufficient action to control the noxious weeds, pursuant to the provisions of RCW 17.10.140, it shall notify the owner that a violation of this chapter exists. The notice shall be in writing and sent by certified mail, and shall identify the noxious weeds found to be present, order prompt control action, and specify the time, of at least ten days from issuance of the notice, within which the prescribed action must be taken. Upon deposit of the certified letter of notice, the noxious weed control authority shall make an affidavit of mailing that is prima facie evidence that proper notice was given. If seed or other propagule dispersion is imminent, immediate control action may be taken forty-eight hours following the time that notification is reasonably expected to have been received by the owner or agent by certified mail or personal service, instead of ten days. If a landowner received a notice of violation from the county noxious weed control board in a prior growing season, removal or destruction of all above ground plant parts may be required at the most effective point in the growing season, as determined by the county weed board, which may be before or after propagule dispersion.
(2) The county noxious weed control board or its authorized agents may issue a notice of civil infraction as provided for in RCW 17.10.230, 17.10.310, and 17.10.350 to owners who do not take action to control noxious weeds in accordance with the notice.
(3) If the owner does not take action to control the noxious weeds in accordance with the notice, the county board may control them, or cause their being controlled, at the expense of the owner. The amount of the expense constitutes a lien against the property and may be enforced by proceedings on the lien except as provided for by RCW 79.44.060. The owner is liable for payment of the expense, and nothing in this chapter shall be construed to prevent collection of any judgment on account thereof by any means available pursuant to law, in substitution for enforcement of the lien. Necessary costs and expenses including reasonable attorneys' fees incurred by the county noxious weed control board in carrying out this section may be recovered at the same time as a part of the action filed under this section. Funds received in payment for the expense of controlling noxious weeds shall be transferred to the county noxious weed control board to be expended as required to carry out the purposes of this chapter.
(4) The county auditor shall record in his or her office any lien created under this chapter, and any lien shall bear interest at the rate of twelve percent per annum from the date on which the county noxious weed control board approves the amount expended in controlling the weeds.
(5) As an alternative to the enforcement of any lien created under subsection (3) of this section, the county legislative authority may by resolution or ordinance require that each lien created be collected by the treasurer in the same manner as a delinquent real property tax, if within thirty days from the date the owner is sent notice of the lien, including the amount thereof, the lien remains unpaid and an appeal has not been made pursuant to RCW 17.10.180. Liens treated as delinquent taxes bear interest at the rate of twelve percent per annum and the interest accrues as of the date notice of the lien is sent to the owner: PROVIDED, That any collections for the lien shall not be considered as tax.
[ 1997 c 353 s 21; 1987 c 438 s 18; 1979 c 118 s 1; 1975 1st ex.s. c 13 s 8; 1974 ex.s. c 143 s 3; 1969 ex.s. c 113 s 17.]

catchline: Finding presence of noxious weeds—Notice for failure of owner to control—Control by county board—Liability of owner—Lien—Alternative.


title: RCW 17.10.180

text:
Any owner, upon request pursuant to the rules and regulation of the county noxious weed control board, is entitled to a hearing before the board on any charge or cost for which the owner is alleged to be liable pursuant to RCW 17.10.170 or 17.10.210. The board shall send notice by certified mail within thirty days, to each owner at the owner's last known address, as to any charge or cost and as to his or her right of a hearing. The hearing shall be scheduled within forty-five days of notification. Any determination or final action by the board is subject to judicial review by a proceeding in the superior court in the county in which the property is located, and the court has original jurisdiction to determine any suit brought by the owner to recover damages allegedly suffered on account of control work negligently performed: PROVIDED, That no stay or injunction shall lie to delay any control work subsequent to notice given pursuant to RCW 17.10.160 or pursuant to an order under RCW 17.10.210.
[ 1997 c 353 s 22; 1987 c 438 s 19; 1969 ex.s. c 113 s 18.]

catchline: Hearing on liability for expense of control—Notice—Review.


title: RCW 17.10.190

text:
Each activated county noxious weed control board must publish annually, and at other times as may be appropriate, in at least one newspaper of general circulation within its area, a general notice. The notice shall direct attention to the need for noxious weed control and give other information concerning noxious weed control requirements as may be appropriate, or indicate where such information may be secured. In addition to the general notice required, the county noxious weed control board may use any appropriate media for the dissemination of information to the public as may be calculated to bring the need for noxious weed control to the attention of owners. The board may consult with individual owners concerning their problems of noxious weed control and may provide them with information and advice, including giving specific instructions and methods when and how certain named weeds are to be controlled. The methods may include some combination of physical, mechanical, cultural, chemical, and/or biological methods, including livestock. Publication of a notice as required by this section is not a condition precedent to the enforcement of this chapter.
[ 1997 c 353 s 23; 1987 c 438 s 20; 1975 1st ex.s. c 13 s 9; 1969 ex.s. c 113 s 19.]

catchline: Notice and information as to noxious weed control.


title: RCW 17.10.201

text:
(1) The state noxious weed control board shall:
(a) Work with the various federal and tribal land management agencies to coordinate state and federal noxious weed control;
(b) Encourage the various federal and tribal land management agencies to devote more time and resources to noxious weed control; and
(c) Assist the various federal and tribal land management agencies by seeking adequate funding for noxious weed control.
(2) County noxious weed control boards and weed districts shall work with the various federal and tribal land management agencies in each county in order to:
(a) Identify new noxious weed infestations;
(b) Outline and plan necessary noxious weed control actions;
(c) Develop coordinated noxious weed control programs; and
(d) Notify local federal and tribal agency land managers of noxious weed infestations.
(3) The department of agriculture, county noxious weed control boards, and weed districts are authorized to enter federal lands, with the approval of the appropriate federal agency, to survey for and control noxious weeds where control measures of a type and extent required under this chapter have not been taken.
(4) The department of agriculture, county noxious weed control boards, and weed districts may bill the federal land management agency that manages the land for all costs of the noxious weed control performed on federal land. If not paid by the federal agency that manages the land, the cost of the noxious weed control on federal land may be paid from any funds available to the county noxious weed control board or weed district that performed the noxious weed control. Alternatively, the costs of noxious weed control on federal land may be paid from any funds specifically appropriated to the department of agriculture for that purpose.
(5) The department of agriculture, county noxious weed control boards, and weed districts are authorized to enter into any reasonable agreement with the appropriate authorities for the control of noxious weeds on federal or tribal lands.
(6) The department of agriculture, county noxious weed control boards, and weed districts shall consult with state agencies managing federal land concerning noxious weed infestation and control programs.
[ 1997 c 353 s 34.]

catchline: Noxious weed control on federal and tribal lands—State and county cooperation.


title: RCW 17.10.205

text:
Open areas subject to the spread of noxious weeds, including but not limited to subdivisions, school grounds, playgrounds, parks, and rights-of-way shall be subject to regulation in the same manner and to the same extent as is provided for all terrestrial and aquatic lands of the state.
[ 2021 c 217 s 10; 1997 c 353 s 24; 1975 1st ex.s. c 13 s 16.]

catchline: Control of noxious weeds in open areas.


title: RCW 17.10.210

text:
(1) Whenever the director, the county noxious weed control board, or a weed district finds that a parcel of land is so seriously infested with class A or class B noxious weeds that control measures cannot be undertaken thereon without quarantining the land and restricting or denying access thereto or use thereof, the director, the county noxious weed control board, or weed district, with the approval of the director of the department of agriculture, may issue an order for the quarantine and restriction or denial of access or use. Upon issuance of the order, the director, the county noxious weed control board, or the weed district shall commence necessary control measures and may institute legal action for the collection of costs for control work, which may include attorneys' fees and the costs of other appropriate actions.
(2) An order of quarantine shall be served, by any method sufficient for the service of civil process, on all persons known to qualify as owners of the land within the meaning of this chapter.
(3) The director shall, with the advice of the state noxious weed control board, determine how the expense of control work undertaken pursuant to this section, and the cost of any quarantine in connection therewith, is apportioned.
[ 1997 c 353 s 25; 1987 c 438 s 22; 1969 ex.s. c 113 s 21.]

catchline: Quarantine of land—Order—Expense.


title: RCW 17.10.230

text:
Any owner knowing of the existence of any noxious weeds on the owner's land who fails to control such weeds in accordance with this chapter and rules and regulations in force pursuant thereto; or any person who enters upon any land in violation of an order in force pursuant to RCW 17.10.210; or any person who interferes with the carrying out of the provisions of this chapter has committed a civil infraction.
[ 1987 c 438 s 23; 1979 c 118 s 2; 1969 ex.s. c 113 s 23.]

catchline: Violations—Penalty.


title: RCW 17.10.235

text:
(1) The director of agriculture shall adopt, with the advice of the state noxious weed control board, rules designating noxious weed seeds which shall be controlled in products, screenings, or articles to prevent the spread of noxious weeds. The rules shall identify the products, screenings, and articles in which the seeds must be controlled and the maximum amount of the seed to be permitted in the product, screenings, or article to avoid a hazard of spreading the noxious weed by seed from the product, screenings, or article. The director shall also adopt, with the advice of the state board, rules designating toxic weeds which shall be controlled in feed stuffs and screenings to prevent injury to the animal that consumes the feed. The rules shall identify the feed stuffs and screenings in which the toxic weeds must be controlled and the maximum amount of the toxic weed to be permitted in the feed. Rules developed under this section shall identify ways that products, screenings, articles, or feed stuffs containing noxious weed seeds or toxic weeds can be made available for beneficial uses.
(2) Any person who knowingly or negligently sells or otherwise distributes a product, article, screenings, or feed stuff designated by rule containing noxious weed seeds or toxic weeds designated for control by rule and in an amount greater than the amount established by the director for the seed or weed by rule is guilty of a misdemeanor.
(3) The department of agriculture shall, upon request of the buyer, county weed board, or weed district, inspect products, screenings, articles, or feed stuffs designated by rule and charge fees, in accordance with chapter 22.09 RCW, to determine the presence of designated noxious weed seeds or toxic weeds.
[ 2021 c 217 s 11; 1997 c 353 s 26; 1987 c 438 s 30; 1979 c 118 s 4.]

catchline: Selling product, article, or feed containing noxious weed seeds or toxic weeds—Penalty—Rules—Inspections—Fees.


title: RCW 17.10.240

text:
(1)(a) The activated county noxious weed control board of each county shall annually submit a budget to the county legislative authority for the operating cost of the county's weed program for the ensuing fiscal year: PROVIDED, That if the board finds the budget approved by the legislative authority is insufficient for an effective county noxious weed control program, the board may submit a budget amendment to the county legislative authority after which the county legislative authority must hold a hearing as provided in chapter 36.40 RCW. Activities and programs to limit economic loss and adverse effects due to the presence and spread of noxious weeds on all terrestrial and aquatic areas in the state are declared to be of special benefit, including to lands owned or held by the state, and may be used as the basis upon which special assessments are imposed by the county legislative authority.
(b) Representatives from the department of transportation government relations, real estate services, and maintenance operations offices, the Washington state association of county treasurers, the Washington state association of county assessors, and the state noxious weed control board shall meet to develop a system by which parcels owned or held by the department of transportation that have been declared to receive special benefit from the county noxious weed control board must be identified and all assessments may be effectively billed for payment according to the process in chapter 79.44 RCW. The state noxious weed control board shall update the appropriate legislative committees regarding progress towards implementation of a system before January 1, 2022. By January 1, 2023, the state noxious weed control board shall report to the appropriate legislative committees in compliance with RCW 43.01.036 regarding the system developed, what steps are being taken to implement the system, and what, if any, further legislative action is needed.
(c) Funding for the budget is derived from any or all of the following:
(i) The county legislative authority may, in lieu of a tax, levy an assessment against the land for this purpose. Whenever there is included within the jurisdiction of any county noxious weed control board lands owned or held by the state, the county legislative authority shall determine the amount of the assessment for which the land would be liable if the land were in private ownership. Prior to the levying of an assessment the county noxious weed control board shall hold a public hearing at which it will gather information to serve as a basis for classification and then classify the lands into suitable classifications, including but not limited to dry lands, range lands, irrigated lands, nonuse lands, forestlands, or federal lands. The board shall develop and forward to the county legislative authority, as a proposed level of assessment for each class, an amount as seems just. The assessment rate shall be either uniform per acre in its respective class or a flat rate per parcel rate plus a uniform rate per acre or, for rights-of-way, a rate based on centerline miles: PROVIDED, That if no benefits are found to accrue to a class of land, a zero assessment may be levied. The assessment shall not be levied on lands owned or held by the state, unless the assessment is levied on other parcels or classes of parcels. The county legislative authority, upon receipt of the proposed levels of assessment from the board, after a hearing, shall accept or modify by resolution, or refer back to the board for its reconsideration all or any portion of the proposed levels of assessment. The amount of the assessment constitutes a lien against the property. The county legislative authority may by resolution or ordinance require that notice of the lien be sent to each owner of property for which the assessment has not been paid by the date it was due and that each lien created be collected by the treasurer in the same manner as delinquent real property tax, if within thirty days from the date the owner is sent notice of the lien, including the amount thereof, the lien remains unpaid and an appeal has not been made pursuant to RCW 17.10.180. Liens treated as delinquent taxes bear interest at the rate of twelve percent per annum and the interest accrues as of the date notice of the lien is sent to the owner: PROVIDED FURTHER, That any collections for the lien shall not be considered as tax; or
(ii) The county legislative authority may appropriate money from the county general fund necessary for the administration of the county noxious weed control program. In addition the county legislative authority may make emergency appropriations as it deems necessary for the implementation of this chapter.
(2) Forestlands used solely for the planting, growing, or harvesting of trees and which are typified, except during a single period of five years following clear-cut logging, by canopies so dense as to prohibit growth of an understory may be subject to an annual noxious weed assessment levied by a county legislative authority that does not exceed one-tenth of the weighted average per acre noxious weed assessment levied on all other lands in unincorporated areas within the county that are subject to the weed assessment. This assessment shall be computed in accordance with the formula in subsection (3) of this section.
(3) The calculation of the "weighted average per acre noxious weed assessment" is a ratio expressed as follows:
(a) The numerator is the total amount of funds estimated to be collected from the per acre assessment on all lands except (i) forestlands as identified in subsection (2) of this section, (ii) lands exempt from the noxious weed assessment, and (iii) lands located in an incorporated area.
(b) The denominator is the total acreage from which funds in (a) of this subsection are collected. For lands of less than one acre in size, the denominator calculation may be based on the following assumptions: (i) Unimproved lands are calculated as being one-half acre in size on the average, and (ii) improved lands are calculated as being one-third acre in size on the average. The county legislative authority may choose to calculate the denominator for lands of less than one acre in size using other assumptions about average parcel size based on local information.
(4) For those counties that levy a per parcel assessment to help fund noxious weed control programs, the per parcel assessment on forestlands as defined in subsection (2) of this section shall not exceed one-tenth of the per parcel assessment on nonforestlands.
[ 2021 c 217 s 12; 1997 c 353 s 27; 1995 c 374 s 77; 1987 c 438 s 31; 1975 1st ex.s. c 13 s 10; 1969 ex.s. c 113 s 24.]
Notes:
Effective date—1995 c 374 ss 69, 70, and 72-79: See note following RCW 16.24.130.

catchline: Budget for county noxious weed control board—Report to the legislature—Special assessments, appropriations for noxious weed control—Assessment rates.


title: RCW 17.10.250

text:
The legislative authority of any county with an activated noxious weed control board or the board of any weed district may apply to the director for noxious weed control funds when informed by the director that funds are available. Any applicant must employ adequate administrative personnel to supervise an effective weed control program as determined by the director with advice from the state noxious weed control board. The director with advice from the state noxious weed control board shall adopt rules on the distribution and use of noxious weed control account funds.
[ 1997 c 353 s 28; 1987 c 438 s 32; 1975 1st ex.s. c 13 s 11; 1969 ex.s. c 113 s 25.]

catchline: Applications for noxious weed control funds.


title: RCW 17.10.260

text:
The administrative powers granted under this chapter to the director of the department of agriculture and to the state noxious weed control board shall be exercised in conformity with the provisions of the administrative procedure act, chapter 34.05 RCW, as now or hereafter amended. The use of any substance to control noxious weeds shall be subject to the provisions of the water pollution control act, chapter 90.48 RCW, as now or hereafter amended, the Washington pesticide control act, chapter 15.58 RCW, and the Washington pesticide application act, chapter 17.21 RCW.
[ 1987 c 438 s 33; 1969 ex.s. c 113 s 28.]

catchline: Administrative powers to be exercised in conformity with administrative procedure act—Use of weed control substances subject to other acts.


title: RCW 17.10.270

text:
Each noxious weed control board may obtain such insurance or surety bonds, or both with such limits as they may deem reasonable for the purpose of protecting their officials and employees against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties.
[ 1987 c 438 s 34; 1974 ex.s. c 143 s 5.]

catchline: Noxious weed control boards—Authority to obtain insurance or surety bonds.


title: RCW 17.10.280

text:
Every activated county noxious weed control board performing labor, furnishing material, or renting, leasing, or otherwise supplying equipment, to be used in the control of noxious weeds, or in causing control of noxious weeds, upon any property pursuant to the provisions of chapter 17.10 RCW has a lien upon such property for the labor performed, material furnished, or equipment supplied whether performed, furnished, or supplied with the consent of the owner, or his or her agent, of such property, or without the consent of said owner or agent.
[ 2011 c 336 s 456; 1987 c 438 s 35; 1975 1st ex.s. c 13 s 13.]

catchline: Lien for labor, material, equipment used in controlling noxious weeds.


title: RCW 17.10.290

text:
Every county noxious weed control board furnishing labor, materials, or supplies or renting, leasing, or otherwise supplying equipment to be used in the control of noxious weeds upon any property pursuant to RCW 17.10.160 and 17.10.170 or pursuant to an order under RCW 17.10.210 as now or hereafter amended, shall give to the owner or reputed owner or his or her agent a notice in writing, within ninety days from the date of the cessation of the performance of such labor, the furnishing of such materials, or the supplying of such equipment, which notice shall cover the labor, material, supplies, or equipment furnished or leased, as well as all subsequent labor, materials, supplies, or equipment furnished or leased, stating in substance and effect that such county noxious weed control board is furnishing or has furnished labor, materials and supplies or equipment for use thereon, with the name of the county noxious weed control board ordering the same, and that a lien may be claimed for all materials and supplies or equipment furnished by such county noxious weed control board for use thereon, which notice shall be given by mailing the same by registered or certified mail in an envelope addressed to the owner at his or her place of residence or reputed residence.
[ 2011 c 336 s 457; 1987 c 438 s 36; 1975 1st ex.s. c 13 s 14.]

catchline: Lien for labor, material, equipment used in controlling noxious weeds—Notice of lien.


title: RCW 17.10.300

text:
No lien created by RCW 17.10.280 exists, and no action to enforce the same shall be maintained, unless within ninety days from the date of cessation of the performance of the labor, furnishing of materials, or the supplying of equipment, a claim for the lien is filed for record as provided in this section, in the office of the county auditor of the county in which the property, or some part of the property to be affected by the claim for a lien, is situated. The claim shall state, as nearly as may be, the time of the commencement and cessation of performing the labor, furnishing the material, or supplying the equipment, the name of the county noxious weed control board that performed the labor or caused the labor to be performed, furnished the material, or supplied the equipment, a description of the property to be charged with the lien sufficient for identification, the name of the owner, or reputed owner if known, or his or her agent, and if the owner is not known, that fact shall be mentioned, the amount for which the lien is claimed, and shall be signed by the county noxious weed control board, and be verified by the oath of the county noxious weed control board, to the effect that the affiant believes that claim to be just; and the claim of lien may be amended in case of action brought to foreclose the same, by order of the court, as pleadings may be, insofar as the interest of third parties shall not be affected by such an amendment.
[ 1997 c 353 s 29; 1975 1st ex.s. c 13 s 15.]

catchline: Lien for labor, material, equipment used in controlling noxious weeds—Claim—Filing—Contents.


title: RCW 17.10.310

text:
The county noxious weed control board may issue a notice of civil infraction if after investigation it has reasonable cause to believe an infraction has been committed. A civil infraction may be issued pursuant to RCW 7.80.005, 7.80.070 through 7.80.110, 7.80.120 (3) and (4), and 7.80.130 through 7.80.900.
[ 1997 c 353 s 30; 1987 c 438 s 24.]

catchline: Notice of infraction—Issuance.


title: RCW 17.10.350

text:
(1) Any person found to have committed a civil infraction under this chapter shall be assessed a monetary penalty not to exceed one thousand dollars. The state noxious weed control board shall adopt a schedule of monetary penalties for each violation of this chapter classified as a civil infraction and submit the schedule to the appropriate court. If a monetary penalty is imposed by the court, the penalty is immediately due and payable. The court may, at its discretion, grant an extension of time, not to exceed thirty days, in which the penalty must be paid.
(2) Failure to pay any monetary penalties imposed under this chapter is punishable as a misdemeanor.
[ 2003 c 53 s 117; 1997 c 353 s 31; 1987 c 438 s 28.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Infraction—Penalty.


title: RCW 17.10.890

text:
A county noxious weed control board may be deactivated only if there are neither any class A noxious weeds nor any class B noxious weeds in the county. Upon receiving documentation of the absence in the county of both class A noxious weeds and class B noxious weeds, the county legislative authority may initiate the following procedures:
(1) The county legislative authority holds a hearing to determine whether there continues to be a need for an activated county noxious weed control board if:
(a) A petition is filed by one hundred registered voters within the county;
(b) A petition is filed by a county noxious weed control board as provided in RCW 17.10.240; or
(c) The county legislative authority passes a motion to hold such a hearing.
(2) Except as provided in subsection (4) of this section, the hearing shall be held within sixty days of final action taken under subsection (1) of this section.
(3) If, after a hearing, the county legislative authority determines that no need exists for a county noxious weed control board, due to the absence of class A or class B noxious weeds designated for control in the region, the county legislative authority shall deactivate the board.
(4) The county legislative authority shall not convene a hearing as provided for in subsection (1) of this section more frequently than once a year.
[ 2021 c 217 s 13; 1997 c 353 s 32; 1987 c 438 s 37.]

catchline: Deactivation of county noxious weed control board—Hearing.


title: RCW 17.10.900

text:
Any weed district formed under chapter 17.04 or 17.06 RCW prior to the enactment of this chapter, continues to operate under the provisions of the chapter under which it was formed: PROVIDED, That if ten percent of the landowners subject to any such weed district, and the county noxious weed control board upon its own motion, petition the county legislative authority for a dissolution of the weed district, the county legislative authority shall provide for an election to be conducted in the same manner as required for the election of directors under the provisions of chapter 17.04 RCW, to determine by majority vote of those casting votes, if the weed district will continue to operate under the chapter it was formed. The land area of any dissolved weed district becomes subject to the provisions of this chapter. Any district assessment funds may be transferred after the dissolution election under contract to the county noxious weed control board to fund the noxious weed control program.
[ 1997 c 353 s 33; 1987 c 438 s 38; 1975 1st ex.s. c 13 s 12; 1969 ex.s. c 113 s 26.]

catchline: Weed districts—Continuation—Dissolution—Transfer of assessment funds.


title: RCW 17.12.010

text:
For the purpose of destroying or exterminating squirrels, prairie dogs, gophers, moles or other rodents, or of rabbits or any predatory animals that destroy or interfere with the crops, fruit trees, shrubs, valuable plants, fodder, seeds or other agricultural plants or products, thing or pest injurious to any agricultural plant or product, or to prevent the introduction, propagation, growth or increase in number of any of the above described animals, or rodents, the board of county commissioners of any county may create a pest district or pest districts within such county and may enlarge any district containing a lesser territory than the whole county, or reduce any district already created, or combine or consolidate districts or divide, or create new districts from time to time in the manner hereinafter set forth.
[ 1919 c 152 s 1; RRS s 2801.]

catchline: Pest districts authorized.


title: RCW 17.12.020

text:
Whenever ten or more resident freeholders in any county petition the board of county commissioners, asking that their lands be included, either separately or with other lands designated in the petition in a district to be formed for the purpose of preventing, destroying, or exterminating any of the animals, rodents or other such things described in RCW 17.12.010, or that such lands be included within a district already formed by the enlargement of such district, or a new district or districts be formed out of a district or districts then in existence or out of territory partly in districts already formed and not included in any district, and such petition indicating the boundaries of such proposed district, whether all or any part of such county, and stating the purpose of such district, the board shall fix a time for the hearing of such petition and shall give at least thirty days notice of the time and place of such hearing by posting copies of such notice of the time and place of such hearing in three conspicuous places within the proposed district and posting one copy of such notice at the courthouse or place of business of the board, and also by mailing to each freeholder within the proposed district a copy of such notice, to his last known residence, if known, and if not known to the clerk of such board, then and in that event the posting shall be deemed sufficient: PROVIDED, HOWEVER, If the board shall deem it impractical to mail notices to each freeholder, within the proposed district, or if the post office address of all the freeholders are not known, then in that event when recited in a resolution adopted by the board, the notice in addition to posting, shall be published once a week for three successive weeks in the county official paper if there is such, and if there be no official paper, then in some paper published in said county, and if there be no paper published in said county, then in some paper of general circulation within the proposed district. The persons in whose name the property is assessed shall be deemed the owners thereof for the purpose of notice as herein required: PROVIDED, HOWEVER, That for lands belonging to the state, the commissioner of public lands shall be notified, and for lands belonging to the county, the county auditor shall be notified, and if such lands are under lease or conditional sale the lessee or purchaser shall also be notified in the manner above provided. Any person interested may appear at the time of such hearing and may under such rules and regulations as the board may prescribe give his or her reasons for or objections to the creation of such a district.
[ 1919 c 152 s 2; RRS s 2802.]

catchline: Petition—Notice—Hearing.


title: RCW 17.12.030

text:
Upon the hearing of such petition the board shall determine whether such a district shall be created and shall fix the boundaries thereof, but shall not enlarge the boundaries of proposed districts or enlarge or change the boundary or boundaries of any district or districts already formed without first giving the notice to all parties interested as provided in RCW 17.12.020.
[ 1919 c 152 s 3; RRS s 2803.]

catchline: Determination—Boundaries of district.


title: RCW 17.12.040

text:
If the board shall deem the interests of the county or of any particular section thereof will be benefited by the creation of such a district or districts, or the changing thereof, it shall make a record thereof upon the minutes of the board and shall designate such territory in each such district as "Pest District . . . . . . for . . . . . . County".
[ 1919 c 152 s 4; RRS s 2804.]

catchline: Designation of district.


title: RCW 17.12.050

text:
The county treasurer shall be ex officio treasurer for each of such districts so formed and the county assessor and other county officers shall take notice of the formation of such district or districts and shall be governed thereby according to the provisions of this chapter. The assessment or the tax levies as hereinafter provided for shall be extended on the tax rolls against the property liable therefor the same as other assessments or taxes are extended, and shall become a part of the general tax against such property and be collected and accounted for the same as other taxes are, with the terms and penalties attached thereto. The moneys so collected shall be held and disbursed as a special fund for such district and shall be paid out only on warrant issued by the county auditor upon voucher approved by the board of county commissioners.
[ 1919 c 152 s 5; RRS s 2805.]

catchline: Treasurer—Tax levies.


title: RCW 17.12.060

text:
The agricultural expert in counties having an agricultural expert, shall under the direction of Washington State University have general supervision of the methods and means of preventing, destroying, or exterminating any animals or rodents as herein mentioned within his or her county, and of how the funds of any pest district shall be expended to best accomplish the purposes for which such funds were raised; in counties having no such agricultural expert each county commissioner shall be within his or her respective commissioner district, ex officio supervisor, or the board may designate some such person to so act, and shall fix his or her compensation therefor. Whenever any member of the board shall act as supervisor he or she shall be entitled to his or her actual expenses and his or her per diem as county commissioner the same as if he or she were doing other county business.
[ 2011 c 336 s 458; 1977 ex.s. c 169 s 4; 1919 c 152 s 6; RRS s 2806.]
Notes:
Reviser's note: The law authorizing the employment of agricultural experts was 1913 c 18 as amended by 1919 c 193 but since repealed by 1949 c 181 which authorizes cooperative extension work in agriculture and home economics. See RCW 36.50.010.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016.

catchline: Supervision of the district.


title: RCW 17.12.080

text:
Whenever there shall be included within any pest district lands belonging to the state or to the county the board of county commissioners shall determine the amount of the tax or assessment for which such land would be liable if the same were in private ownership for each subdivision of forty acres or fraction thereof. The assessor shall transmit to the county commissioners a statement of the amounts so due from county lands and the county commissioners shall appropriate from the current expense fund of the county sufficient money to pay such amounts. A statement of the amounts due from state lands within each county shall be annually forwarded to the commissioner of public lands who shall examine the same and if he or she finds the same correct and that the determination was made according to law, he or she shall certify the same and issue a warrant for the payment of same against any funds in the state treasury appropriated for such purposes.
The commissioner of public lands shall keep a record of the amounts so paid on account of any state lands which are under lease or contract of sale and such amounts shall be added to and become a part of the annual rental or purchase price of the land, and shall be paid annually at the time of payment of rent or payment of interest or purchase price of such land. When such amounts shall be collected by the commissioner of public lands it shall be paid into the general fund in the state treasury.
[ 2011 c 336 s 459; 1973 c 106 s 11; 1919 c 152 s 8; RRS s 2808. Formerly RCW 17.12.080 and 17.12.090.]

catchline: Levies on state and county lands—Levies on state lands to be added to rental or purchase price.


title: RCW 17.12.100

text:
No district shall be permitted to contract obligations in excess of the estimated revenues for the two years next succeeding the incoming [incurring] of such indebtedness and it shall be unlawful for the county commissioners to approve of any bills which will exceed the revenue to any district which shall be estimated to be received by such district during the next two years.
[ 1919 c 152 s 9; RRS s 2809.]
Notes:
County budget as limitation on incurring liability: RCW 36.40.100.

catchline: Limit of indebtedness.


title: RCW 17.15.005

text:
The legislature declares that it is the policy of the state of Washington to require all state agencies that have pest control responsibilities to follow the principles of integrated pest management.
[ 1997 c 357 s 1.]

catchline: Legislative declaration.


title: RCW 17.15.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:
(1) "Integrated pest management" means a coordinated decision-making and action process that uses the most appropriate pest control methods and strategy in an environmentally and economically sound manner to meet agency programmatic pest management objectives. The elements of integrated pest management include:
(a) Preventing pest problems;
(b) Monitoring for the presence of pests and pest damage;
(c) Establishing the density of the pest population, that may be set at zero, that can be tolerated or correlated with a damage level sufficient to warrant treatment of the problem based on health, public safety, economic, or aesthetic thresholds;
(d) Treating pest problems to reduce populations below those levels established by damage thresholds using strategies that may include biological, cultural, mechanical, and chemical control methods and that must consider human health, ecological impact, feasibility, and cost-effectiveness; and
(e) Evaluating the effects and efficacy of pest treatments.
(2) "Pest" means, but is not limited to, any insect, rodent, nematode, snail, slug, weed, and any form of plant or animal life or virus, except virus, bacteria, or other microorganisms on or in a living person or other animal or in or on processed food or beverages or pharmaceuticals, which is normally considered to be a pest, or which the director of the department of agriculture may declare to be a pest.
[ 1997 c 357 s 2.]

catchline: Definitions.


title: RCW 17.15.020

text:
Each of the following state agencies or institutions or county agencies shall implement integrated pest management practices when carrying out the agency's or institution's duties related to pest control:
(1) The department of agriculture;
(2) The state noxious weed control board;
(3) The department of ecology;
(4) The department of fish and wildlife;
(5) The department of transportation;
(6) The parks and recreation commission;
(7) The department of natural resources;
(8) The department of corrections;
(9) The department of enterprise services;
(10) Each state institution of higher education, for the institution's own building and grounds maintenance;
(11) Each county noxious weed control board; and
(12) Each weed district.
[ 2021 c 217 s 17; 2015 c 225 s 16; 1997 c 357 s 3.]

catchline: Implementation of integrated pest management practices.


title: RCW 17.15.030

text:
(1) A state agency or institution listed in RCW 17.15.020 shall provide integrated pest management training for employees responsible for pest management.
(2) A state agency or institution listed in RCW 17.15.020 shall designate an integrated pest management coordinator.
[ 2011 c 103 s 36; 1997 c 357 s 4.]
Notes:
Purpose—2011 c 103: See note following RCW 15.26.120.

catchline: Integrated pest management training—Designated coordinator.


title: RCW 17.21.010

text:
The application and the control of the use of various pesticides is important and vital to the maintenance of a high level of public health and welfare both immediate and future, and is hereby declared to be affected with the public interest. The provisions of this chapter are enacted in the exercise of the police power of the state for the purpose of protecting the immediate and future health and welfare of the people of the state.
[ 1967 c 177 s 1; 1961 c 249 s 1.]
Notes:
Washington pesticide control act: Chapter 15.58 RCW.

catchline: Declaration of police power and purpose.


title: RCW 17.21.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agricultural commodity" means any plant or part of a plant, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by people or animals.
(2) "Agricultural land" means land on which an agricultural commodity is produced or land that is in a government-recognized conservation reserve program. This definition does not apply to private gardens where agricultural commodities are produced for personal consumption.
(3) "Antimicrobial pesticide" means a pesticide that is used for the control of microbial pests, including but not limited to viruses, bacteria, algae, and protozoa, and is intended for use as a disinfectant or sanitizer.
(4) "Apparatus" means any type of ground, water, or aerial equipment, device, or contrivance using motorized, mechanical, or pressurized power and used to apply pesticides that are mounted, attached to, pulled, or carried on any vehicle, trailer, aircraft, vessel, or all-terrain vehicle designed primarily for transportation and movement, but does not include a device that is handheld, carried by the applicator, or placed in position for a sedentary timed or metered application.
(5) "Arthropod" means any invertebrate animal that belongs to the phylum arthropoda, which in addition to insects, includes allied classes whose members are wingless and usually have more than six legs; for example, spiders, mites, ticks, centipedes, and isopod crustaceans.
(6) "Certified applicator" means any individual who is licensed as a commercial pesticide applicator, commercial pesticide operator, public operator, private-commercial applicator, demonstration and research applicator, private applicator, limited private applicator, rancher private applicator, or any other individual who is certified by the director to use or supervise the use of any pesticide which is classified by the EPA or the director as a restricted use pesticide.
(7) "Commercial pesticide applicator" means any person who engages in the business of applying pesticides to the land of another.
(8) "Commercial pesticide operator" means any employee of a commercial pesticide applicator who uses or supervises the use of any pesticide and who is required to be licensed under provisions of this chapter.
(9) "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant with or without causing abscission.
(10) "Department" means the Washington state department of agriculture.
(11) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues.
(12) "Device" means any instrument or contrivance intended to trap, destroy, control, repel, or mitigate pests, but not including equipment used for the application of pesticides when sold separately from the pesticides.
(13) "Direct supervision" by certified private applicators shall mean that the designated restricted use pesticide shall be applied for purposes of producing any agricultural commodity on land owned or rented by the applicator or the applicator's employer, by a competent person acting under the instructions and control of a certified private applicator who is immediately available, even though such certified private applicator is not physically present at the time and place the pesticide is applied. The certified private applicator shall have direct management responsibility and familiarity of the pesticide, manner of application, pest, and land to which the pesticide is being applied. Direct supervision by all other certified applicators means direct on-the-job supervision and shall require that the certified applicator be physically present at the application site and that the person making the application be in voice and visual contact with the certified applicator at all times during the application. However, direct supervision for forest application does not require constant voice and visual contact when general use pesticides are applied using nonapparatus type equipment, the certified applicator is physically present and readily available in the immediate application area, and the certified applicator directly observes pesticide mixing and batching. Direct supervision of an aerial apparatus means the pilot of the aircraft must be appropriately certified.
(14) "Director" means the director of the department or a duly authorized representative.
(15) "Engage in business" means any application of pesticides by any person upon lands or crops of another.
(16) "EPA" means the United States environmental protection agency.
(17) "EPA restricted use pesticide" means any pesticide classified for restricted use by the administrator, EPA.
(18) "FIFRA" means the federal insecticide, fungicide and rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec. 136 et seq.).
(19) "Forest application" means the application of pesticides to agricultural land used to grow trees for the commercial production of wood or wood fiber for products such as dimensional lumber, shakes, plywood, poles, posts, pilings, particle board, hardboard, oriented strand board, pulp, paper, cardboard, or other similar products.
(20) "Fumigant" means any pesticide product or combination of products that is a vapor or gas or forms a vapor or gas on application and whose method of pesticidal action is through the gaseous state.
(21) "Fungi" means all nonchlorophyll-bearing thallophytes (all nonchlorophyll-bearing plants of lower order than mosses and liverworts); for example, rusts, smuts, mildews, molds, and yeasts, except those on or in a living person or other animals.
(22) "Fungicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any fungi.
(23) "Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed or other higher plant.
(24) "Immediate service call" means a landscape application to satisfy an emergency customer request for service, or a treatment to control a pest to landscape plants.
(25) "Insect" means any small invertebrate animal, in any life stage, whose adult form is segmented and which generally belongs to the class insecta, comprised of six-legged, usually winged forms, as, for example, beetles, bugs, bees, and flies. The term insect shall also apply to other allied classes of arthropods whose members are wingless and usually have more than six legs, for example, spiders, mites, ticks, centipedes, and isopod crustaceans.
(26) "Insecticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any insect.
(27) "Land" means all land and water areas, including airspace and all plants, animals, structures, buildings, devices, and contrivances, appurtenant to or situated on, fixed or mobile, including any used for transportation.
(28) "Landscape application" means an application of any EPA registered pesticide to any exterior landscape area around residential property, commercial properties such as apartments or shopping centers, parks, golf courses, schools including nursery schools and licensed day cares, or cemeteries or similar areas. This definition shall not apply to: (a) Applications made by private applicators, limited private applicators, or rancher private applicators; (b) mosquito abatement, gypsy moth eradication, or similar wide-area pest control programs sponsored by governmental entities; and (c) commercial pesticide applicators making structural applications.
(29) "Limited private applicator" means a certified applicator who uses or is in direct supervision, as defined for private applicators in this section, of the use of any herbicide classified by the EPA or the director as a restricted use pesticide, for the sole purpose of controlling weeds on nonproduction agricultural land owned or rented by the applicator or the applicator's employer. Limited private applicators may also use restricted use pesticides on timber areas, excluding aquatic sites, to control weeds designated for mandatory control under chapters 17.04, 17.06, and 17.10 RCW and state and local regulations adopted under chapters 17.04, 17.06, and 17.10 RCW. A limited private applicator may apply restricted use herbicides to the types of land described in this subsection of another person if applied without compensation other than trading of personal services between the applicator and the other person. This license is only valid when making applications in counties of Washington located east of the crest of the Cascade mountains.
(30) "Limited production agricultural land" means land used to grow hay and grain crops that are consumed by the livestock on the farm where produced. No more than ten percent of the hay and grain crops grown on limited production agricultural land may be sold each crop year. Limited production agricultural land does not include aquatic sites.
(31) "Mishap" means an event that adversely affects humans or the environment and that is related to the use or presence of a pesticide whether the event was unexpected or unintentional.
(32) "Nematocide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate nematodes.
(33) "Nematode" means any invertebrate animal of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants or plant parts. Nematodes may also be called nemas or eelworms.
(34) "Noncertified applicator" means an individual who is not licensed by the director in accordance with this chapter to use or supervise the use of any pesticide that is classified by EPA or the director as a restricted use pesticide in the classification appropriate to the type of application being conducted.
(35) "Nonproduction agricultural land" means pastures, rangeland, fencerows, and areas around farm buildings but not aquatic sites.
(36) "Person" means any individual, partnership, association, corporation, or organized group of persons whether or not incorporated.
(37) "Pest" means, but is not limited to, any insect, rodent, nematode, snail, slug, weed, and any form of plant or animal life or virus, except virus, bacteria, or other microorganisms on or in a living person or other animal or in or on processed food or beverages or pharmaceuticals, which is normally considered to be a pest, or which the director may declare to be a pest.
(38) "Pesticide" means, but is not limited to:
(a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any pest;
(b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; and
(c) Any spray adjuvant as defined in RCW 15.58.030.
(39) "Plant regulator" means any substance or mixture of substances intended through physiological action, to accelerate or retard the rate of growth or maturation, or to otherwise alter the behavior of ornamental or crop plants or their produce, but shall not include substances insofar as they are intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.
(40) "Private applicator" means a certified applicator who uses or is in direct supervision of the use of any pesticide classified by the EPA or the director as a restricted use pesticide, for the purposes of producing any agricultural commodity and for any associated noncrop application on land owned or rented by the applicator or the applicator's employer or if applied without compensation other than trading of personal services between producers of agricultural commodities on the land of another person.
(41) "Private-commercial applicator" means a certified applicator who uses or supervises the use of any pesticide classified by the EPA or the director as a restricted use pesticide for purposes other than the production of any agricultural commodity on lands owned or rented by the applicator or the applicator's employer.
(42) "Rancher private applicator" means a certified applicator who uses or is in direct supervision, as defined for private applicators in this section, of the use of any herbicide or any rodenticide classified by the EPA or the director as a restricted use pesticide for the purpose of controlling weeds and pest animals on nonproduction agricultural land and limited production agricultural land owned or rented by the applicator or the applicator's employer. Rancher private applicators may also use restricted use pesticides on timber areas, excluding aquatic sites, to control weeds designated for mandatory control under chapters 17.04, 17.06, and 17.10 RCW and state and local regulations adopted under chapters 17.04, 17.06, and 17.10 RCW. A rancher private applicator may apply restricted use herbicides and rodenticides to the types of land described in this subsection of another person if applied without compensation other than trading of personal services between the applicator and the other person. This license is only valid when making applications in counties of Washington located east of the crest of the Cascade mountains.
(43) "Residential property" includes property less than one acre in size zoned as residential by a city, town, or county, but does not include property zoned as agricultural or agricultural homesites.
(44) "Restricted use pesticide" means any pesticide or device which, when used as directed or in accordance with a widespread and commonly recognized practice, the director determines, subsequent to a hearing, requires additional restrictions for that use to prevent unreasonable adverse effects on the environment including people, lands, beneficial insects, animals, crops, and wildlife, other than pests.
(45) "Rodenticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate rodents, or any other vertebrate animal which the director may declare by rule to be a pest.
(46) "School facility" means any facility used for licensed day care center purposes or for the purposes of a public kindergarten or public elementary or secondary school. School facility includes the buildings or structures, playgrounds, landscape areas, athletic fields, school vehicles, or any other area of school property.
(47) "Snails or slugs" include all harmful mollusks.
(48) "Unreasonable adverse effects on the environment" means any unreasonable risk to people or the environment taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or as otherwise determined by the director.
(49) "Use" as in "to use a pesticide," means:
(a) Whenever the "restricted use pesticide" designation statement appears on a pesticide label, "use" means any of the following:
(i) Preapplication activities involving mixing and loading the pesticide;
(ii) Applying the pesticide including, but not limited to, supervising the use of a pesticide by a noncertified applicator; and
(iii) Other pesticide-related activities including, but not limited to, transporting or storing pesticide containers that have been opened, cleaning equipment, and disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other pesticide-containing materials.
(b) Whenever the "restricted use pesticide" designation statement does not appear on a pesticide label, "use" means any of the following:
(i) Preapplication activities involving mixing and loading the pesticide;
(ii) Applying the pesticide including, but not limited to, supervising the use of a pesticide by a noncertified applicator; and
(iii) Other activities required by the label instructions.
(50) "Use-specific instruction" means the information and requirements specific to a particular pesticide product or worksite that an applicator needs in order to use the pesticide in accordance with applicable requirements and without causing unreasonable adverse effects.
(51) "Weed" means any plant which grows where it is not wanted.
[ 2023 c 186 s 1; 2010 1st sp.s. c 7 s 134; 2004 c 100 s 1; 2002 c 122 s 2; (2002 c 122 s 1 expired July 1, 2002); 2001 c 333 s 1; 1994 c 283 s 1; 1992 c 176 s 1; 1989 c 380 s 33; 1979 c 92 s 1; 1971 ex.s. c 191 s 1; 1967 c 177 s 2; 1961 c 249 s 2.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Effective date—2004 c 100: "This act takes effect January 1, 2005." [ 2004 c 100 s 7.]
Effective dates—2002 c 122: "(1) Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 26, 2002].
(2) Section 2 of this act takes effect July 1, 2002." [ 2002 c 122 s 3.]
Expiration date—2002 c 122 s 1: "Section 1 of this act expires July 1, 2002." [ 2002 c 122 s 4.]
Effective date—2001 c 333: "Except for *section 7 of this act, this act takes effect July 1, 2002." [ 2001 c 333 s 6.]
*Reviser's note: Section 7 of this act was vetoed.


title: RCW 17.21.030

text:
The director shall administer and enforce the provisions of this chapter and rules adopted under this chapter.
(1) The director may adopt rules:
(a) Governing the loading, mixing, application and use, or prohibiting the loading, mixing, application, or use of any pesticide;
(b) Governing the time when, and the conditions under which restricted use pesticides shall or shall not be used in different areas as prescribed by the director in the state;
(c) Providing that any or all restricted use pesticides shall be purchased, possessed or used only under permit of the director and under the director's direct supervision in certain areas and/or under certain conditions or in certain quantities of concentrations; however, any person licensed to sell such pesticides may purchase and possess such pesticides without a permit;
(d) Establishing recordkeeping requirements for licensees, permittees, and certified applicators;
(e) Governing the fixing and collecting of examination fees;
(f) Fixing and collecting fees for recertification course sponsorship;
(g) Establishing testing procedures, licensing classifications, and requirements for licenses and permits, and criteria for assigning recertification credit to and procedures for department approval of courses as provided by this chapter;
(h) Concerning training by employers for employees who mix and load pesticides;
(i) Concerning minimum performance standards for spray boom and nozzles used in pesticide applications to minimize spray drift and establishing a list of approved spray nozzles that meet these standards; and
(j) Fixing and collecting permit fees.
(2) The director may adopt any other rules necessary to carry out the purpose and provisions of this chapter.
[ 2020 c 180 s 3; 1994 c 283 s 2; 1989 c 380 s 34; 1987 c 45 s 26; 1979 c 92 s 2; 1961 c 249 s 3.]
Notes:
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.

catchline: Director's authority—Rules.


title: RCW 17.21.040

text:
All rules adopted under the provisions of this chapter shall be subject to the provisions of chapter 34.05 RCW as enacted or hereafter amended, concerning the adoption of rules.
[ 1989 c 380 s 35; 1961 c 249 s 4.]

catchline: Rules subject to administrative procedure act.


title: RCW 17.21.050

text:
All hearings for the imposition of a civil penalty and/or the suspension, denial, or revocation of a license, certification, or permit issued under the provisions of this chapter shall be subject to the provisions of chapter 34.05 RCW concerning adjudicative proceedings.
[ 1994 c 283 s 3. Prior: 1989 c 380 s 36; 1989 c 175 s 58; 1985 c 158 s 4; 1961 c 249 s 5.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Hearings—Administrative procedure act.


title: RCW 17.21.060

text:
The director may issue subpoenas to compel the attendance of witnesses and/or production of books, documents, and records anywhere in the state in any hearing affecting the authority or privilege granted by a license, certification, or permit issued under the provisions of this chapter. Witnesses shall be entitled to fees for attendance and travel as provided for in chapter 2.40 RCW as enacted or hereafter amended.
[ 1994 c 283 s 4; 1961 c 249 s 6.]

catchline: Subpoenas—Witness fees.


title: RCW 17.21.065

text:
The director may classify licenses to be issued under the provisions of this chapter. These classifications may include but are not limited to pest control operators, ornamental sprayers, agricultural crop sprayers or right-of-way sprayers; separate classifications may be specified as to ground, aerial, or manual methods used by any licensee to apply pesticides.
Each such classification shall be subject to separate testing procedures and requirements. No person shall be required to pay an additional license fee if such person desires to be licensed in one or all of the license classifications provided for by the director under the authority of this section, except as provided for in RCW 17.21.110.
[ 1994 c 283 s 5; 1967 c 177 s 17.]

catchline: Classification of licenses.


title: RCW 17.21.070

text:
It is unlawful for any person to engage in the business of applying pesticides to the land of another without a commercial pesticide applicator license. Application for a commercial applicator license must be accompanied by a fee of two hundred forty-three dollars and in addition a fee of twenty-seven dollars for each apparatus, exclusive of one, used by the applicant in the application of pesticides.
[ 2021 c 244 s 8; 2008 c 285 s 21; 1997 c 242 s 11; 1994 c 283 s 6; 1993 sp.s. c 19 s 4; 1991 c 109 s 30; 1989 c 380 s 37; 1981 c 297 s 21; 1967 c 177 s 3; 1961 c 249 s 7.]
Notes:
Effective date—2021 c 244: See note following RCW 15.58.070.
Effective date—2008 c 285 ss 15-26: See note following RCW 15.58.070.
Intent—Captions not law—2008 c 285: See notes following RCW 43.22.434.
Effective date—1997 c 242: See note following RCW 15.58.070.
Severability—1981 c 297: See note following RCW 15.36.201.

catchline: Commercial pesticide applicator license—Requirements.


title: RCW 17.21.080

text:
Application for a commercial pesticide applicator license provided for in RCW 17.21.070 shall be on a form prescribed by the director.
(1) The application shall include the following information:
(a) The full name of the individual applying for such license.
(b) The full name of the business the individual represents with the license.
(c) If the applicant is an individual, receiver, trustee, firm, partnership, association, corporation, or any other organized group of persons whether incorporated or not, the full name of each member of the firm or partnership, or the names of the officers of the association, corporation or group.
(d) The principal business address of the applicant in the state or elsewhere.
(e) The name of a person whose domicile is in the state, and who is authorized to receive and accept services of summons and legal notice of all kinds for the applicant.
(f) The model, make, horsepower, and size of any apparatus used by the applicant to apply pesticides.
(g) License classification or classifications for which the applicant is applying.
(h) A list of the names of individuals allowed to apply pesticides under the authority of the commercial applicator's license.
(i) Any other necessary information prescribed by the director.
(2) Any changes to the information provided on the prescribed commercial applicator form shall be reported by the business to the department within thirty days of the change.
[ 1994 c 283 s 7; 1989 c 380 s 38; 1967 c 177 s 4; 1961 c 249 s 8.]

catchline: Commercial pesticide applicator license—Application—Form.


title: RCW 17.21.091

text:
(1) No commercial pesticide applicator shall allow a person to apply pesticides under the authority of the commercial pesticide applicator's license unless the commercial pesticide applicator has, by mail or facsimile transmissions, submitted the name to the department on a form prescribed by the department as provided in RCW 17.21.080(2). The department shall maintain a list for each commercial pesticide applicator of persons authorized to apply pesticides under the authority of the commercial pesticide applicator's license.
(2) Violations of this chapter by a person acting as an employee, agent, or otherwise acting on behalf of or under the license authority of a commercial pesticide applicator, may, in the discretion of the department, be treated as a violation by the commercial pesticide applicator.
[ 1994 c 283 s 8.]

catchline: Commercial pesticide applicator license—Persons who may apply under license authority.


title: RCW 17.21.100

text:
(1) Certified applicators licensed under the provisions of this chapter, persons required to be licensed under this chapter, all persons applying pesticides to more than one acre of agricultural land in a calendar year, including public entities engaged in roadside spraying of pesticides, and all other persons making landscape applications of pesticides to types of property listed in RCW 17.21.410(1) (b), (c), (d), and (e), shall keep records for each application which shall include the following information:
(a) The location of the land where the pesticide was applied;
(b) The year, month, day and beginning and ending time of the application of the pesticide each day the pesticide was applied;
(c) The product name used on the registered label and the United States environmental protection agency registration number, if applicable, of the pesticide which was applied;
(d) The crop or site to which the pesticide was applied;
(e) The amount of pesticide applied per acre or other appropriate measure;
(f) The concentration of pesticide that was applied;
(g) The number of acres, or other appropriate measure, to which the pesticide was applied;
(h) The licensed applicator's name, address, and telephone number and the name of the individual or individuals making the application and their license number, if applicable;
(i) The direction and estimated velocity of the wind during the time the pesticide was applied. This subsection (i) shall not apply to applications of baits in bait stations and pesticide applications within structures; and
(j) Any other reasonable information required by the director in rule.
(2)(a) The required information shall be recorded on the same day that a pesticide is applied.
(b) A commercial pesticide applicator who applies a pesticide to an agricultural crop or agricultural lands shall provide a copy of the records required under subsection (1) of this section for the application to the owner, or to the lessee if applied on behalf of the lessee, of the lands to which the pesticide is applied. Records provided by a commercial pesticide applicator to the owner or lessee of agricultural lands under this subsection need not be provided on a form adopted by the department.
(3) The records required under this section shall be maintained and preserved by the licensed pesticide applicator or such other person or entity applying the pesticides for no less than seven years from the date of the application of the pesticide to which such records refer. If the pesticide was applied by a commercial pesticide applicator to the agricultural crop or agricultural lands of a person who employs one or more employees, as "employee" is defined in RCW 49.70.020, the records shall also be kept by the employer for a period of seven years from the date of the application of the pesticide to which the records refer.
(4)(a) The pesticide records shall be readily accessible to the department for inspection. Copies of the records shall be provided on request to: The department; the department of labor and industries; treating health care personnel initiating diagnostic testing or therapy for a patient with a suspected case of pesticide poisoning; the department of health; and, in the case of an industrial insurance claim filed under Title 51 RCW with the department of labor and industries, the employee or the employee's designated representative. In addition, the director may require the submission of the records on a routine basis within thirty days of the application of any restricted use pesticide in prescribed areas controlling the use of the restricted use pesticide. When a request for records is made under this subsection by treating health care personnel and the record is required for determining treatment, copies of the record shall be provided immediately. For all other requests, copies of the record shall be provided within seventy-two hours.
(b) Copies of records provided to a person or entity under this subsection (4) shall, if so requested, be provided on a form adopted under subsection (7) of this section. Information for treating health care personnel shall be made immediately available by telephone, if requested, with a copy of the records provided within twenty-four hours.
(5) If a request for a copy of the record is made under this section from an applicator referred to in subsection (1) of this section and the applicator refuses to provide a copy, the requester may notify the department of the request and the applicator's refusal. Within seven working days, the department shall request that the applicator provide the department with all pertinent copies of the records, except that in a medical emergency the request shall be made within two working days. The applicator shall provide copies of the records to the department within twenty-four hours after the department's request.
(6) The department shall include inspection of the records required under this section as part of any on-site inspection conducted under this chapter on agricultural lands. The inspection shall determine whether the records are readily transferable to a form adopted by the department and are readily accessible to employees. However, no person subject to a department inspection may be inspected under this subsection (6) more than once in any calendar year, unless a previous inspection has found recordkeeping violations. If recordkeeping violations are found, the department may conduct reasonable multiple inspections, pursuant to rules adopted by the department. Nothing in this subsection (6) limits the department's inspection of records pertaining to pesticide-related injuries, illnesses, fatalities, accidents, or complaints.
(7) The department of agriculture and the department of labor and industries shall jointly adopt, by rule, forms that satisfy the information requirements of this section.
[ 2011 c 103 s 37; 1994 c 283 s 9; 1992 c 173 s 1; 1989 c 380 s 39; 1987 c 45 s 28; 1971 ex.s. c 191 s 3; 1961 c 249 s 10.]
Notes:
Purpose—2011 c 103: See note following RCW 15.26.120.
Effective dates—1992 c 173: "(1) Sections 1 through 3 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 1, 1992].
(2) Section 4 of this act shall take effect January 1, 1993." [ 1992 c 173 s 5.]
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.

catchline: Recordkeeping by licensees and agricultural users.