title: RCW 15.36.171

text:
The director may revoke the license of any milk processing plant or producer whose product fails to qualify as grade A pasteurized or grade A raw, or in lieu thereof may degrade the product to grade C and permit its sale as other than fluid milk or grade A milk products during a period not exceeding thirty days. In the event of an emergency, the director may permit the sale of grade C milk for more than thirty days.
[ 1999 c 291 s 9; 1995 c 374 s 3; 1994 c 143 s 301; 1989 c 354 s 22; 1961 c 11 s 15.36.470. Prior: 1949 c 168 s 8; Rem. Supp. 1949 s 6266-37. Formerly RCW 15.36.470.]
Notes:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Severability—1989 c 354: See note following RCW 15.36.012.

catchline: Grades of milk and milk products that may be sold.


doc_type: statute

jurisdiction: wa

title: RCW 15.36.181

text:
No person shall produce, sell, offer, or expose for sale, or have in possession with intent to sell, any milk or milk product which is adulterated or misbranded. It is unlawful for any person, elsewhere than in a private home, to have in possession any adulterated or misbranded milk or milk products.
Adulterated or misbranded milk or milk products may be impounded and disposed of by the director.
[ 1999 c 291 s 10; 1994 c 143 s 302; 1961 c 11 s 15.36.070. Prior: 1949 c 168 s 2; Rem. Supp. 1949 s 6266-31. Formerly RCW 15.36.070.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Sale of adulterated or misbranded milk or milk products prohibited—Possession restricted.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 15.36.191

text:
After obtaining a sample of milk or milk product for analysis, the department shall, within ten days of obtaining the result of the analysis, send any violative results to the person from whom the sample was taken or to the person responsible for the condition of the milk.
[ 1999 c 291 s 11; 1994 c 143 s 304; 1989 c 354 s 11; 1961 c 11 s 15.32.530. Prior: 1907 c 234 s 12; RRS s 6278. Formerly RCW 15.32.530.]
Notes:
Severability—1989 c 354: See note following RCW 15.36.012.

catchline: Milk or milk product analysis—Report of violative results.


title: RCW 15.36.201

text:
(1) During any consecutive six-month period, at least four samples of: (a) Either raw milk or raw milk for pasteurization, or both, from each milk producer; or (b)(i) raw milk for pasteurization after receipt by the milk processing plant and prior to pasteurization; (ii) heat-treated milk products; and (iii) pasteurized milk and milk products from each milk processing plant shall be collected and examined in an official laboratory to determine compliance with bacteriological or cooling temperature standards for milk or milk products established in this chapter and rules adopted under this chapter. However, in the case of raw milk for pasteurization, the director may accept the results of an officially designated laboratory.
(2) If a bacterial count, somatic cell count, coliform determination, or cooling temperature exceeds the standard, the director shall send written notice to the milk producer or milk processor. The director may initiate proceedings to degrade or suspend the milk producer's license or milk processing plant license and may assess a civil penalty whenever the standard is again violated.
[ 2013 c 7 s 1; 1999 c 291 s 12. Prior: 1994 c 143 s 401; 1994 c 46 s 11; 1989 c 354 s 17; 1981 c 297 s 1; 1961 c 11 s 15.36.110; prior: 1955 c 238 s 10; 1949 c 168 s 6; Rem. Supp. 1949 s 6266-35. Formerly RCW 15.36.110.]
Notes:
Effective date—1994 c 46: See note following RCW 15.58.070.
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1981 c 297: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 297 s 43.]

catchline: Examination of milk and milk products—Violations—Director's options—Penalty.


title: RCW 15.36.206

text:
Any person selling milk or milk products shall furnish the director, upon request, with the name of all milk processing plants or distributors from whom their milk and milk products are obtained.
[ 1999 c 291 s 13.]

catchline: Source of milk and milk products—Seller's disclosure.


title: RCW 15.36.221

text:
Milk and milk products for consumption in the raw state or for pasteurization shall be cooled within two hours of completion of milking to forty degrees Fahrenheit or less and maintained at that temperature until picked up, in accordance with RCW 15.36.201, so long as the blend temperature after the first and following milkings does not exceed fifty degrees Fahrenheit.
[ 1995 c 374 s 4; 1984 c 226 s 5; 1961 c 11 s 15.36.260. Prior: 1955 c 238 s 37; prior: 1949 c 168 s 7, part; Rem. Supp. 1949 s 6266-36, part. Formerly RCW 15.36.260.]
Notes:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.

catchline: Grade A raw milk—Cooling.


title: RCW 15.36.231

text:
(1) Milk and milk products for consumption in the raw state shall be bottled or packaged on the farm where produced. Bottling and capping shall be done in a sanitary manner by means of approved equipment and operations. Caps or cap stock shall be purchased in sanitary containers and kept therein in a clean dry place until used.
(2) All containers enclosing raw milk or any raw milk product shall be plainly labeled or marked with the word "raw" and the name of the producer or packager. The label or mark shall be in letters of a size, kind, and color approved by the director and shall contain no marks or words which are misleading.
[ 2005 c 414 s 2; 1999 c 291 s 14; 1961 c 11 s 15.36.265. Prior: 1955 c 238 s 38; prior: 1949 c 168 s 7, part; Rem. Supp. 1949 s 6266-36, part. Formerly RCW 15.36.265.]

catchline: Raw milk or milk products—Bottling and capping—Packaging—Labeling.


title: RCW 15.36.241

text:
Capping of milk or milk products shall be done in a sanitary manner by means of approved equipment and operations. The cap or cover shall cover the pouring lip to at least its largest diameter.
[ 2005 c 414 s 3; 1961 c 11 s 15.36.420. Prior: 1955 c 238 s 64; prior: 1949 c 168 s 7, part; Rem. Supp. 1949 s 6266-36, part. Formerly RCW 15.36.420.]

catchline: Capping of milk or milk products.


title: RCW 15.36.261

text:
All milk or cream used in the manufacture of pasteurized butter or cheese shall be pasteurized only in the plant where the butter or cheese is manufactured.
[ 1961 c 11 s 15.32.410. Prior: 1919 c 192 s 12; RRS s 6175. Formerly RCW 15.32.410.]

catchline: Butter or cheese—Pasteurization of milk or cream.


title: RCW 15.36.271

text:
No person shall use the word "pasteurized" in connection with the sale, designation, advertising, labeling, or billing of milk, cream, or any milk product unless the same and all milk products used in the manufacture thereof consist exclusively of milk, skimmed milk, or cream that has been pasteurized in its final form.
[ 1989 c 354 s 7; 1961 c 11 s 15.32.420. Prior: 1919 c 192 s 71; RRS s 6233. Formerly RCW 15.32.420.]
Notes:
Severability—1989 c 354: See note following RCW 15.36.012.

catchline: "Pasteurized"—Use of word regulated.


title: RCW 15.36.281

text:
(1) It shall be unlawful for a person other than the owner, to possess for sale or barter or to use a container that is used to distribute packaged milk or milk products and that bears the name or trademark of an owner that has been properly registered.
(2) A person receiving packaged dairy products in containers bearing the registered name or trademark of the owner shall return the containers to the owner.
(3) When such a container is in the possession of a person other than the owner, the director may seize and hold it until it is established to the director's satisfaction that such possession is lawful. The director may seize such containers and return them to the owner, in which case the owner shall pay the expenses thereof. Neither the director nor a person who returns such containers shall be liable for containers lost in transportation.
[ 1994 c 143 s 508; 1961 c 11 s 15.32.450. Prior: (i) 1927 c 192 s 22, part; 1923 c 27 s 12, part; 1919 c 192 s 86, part; 1915 c 101 s 1, part; RRS s 6259, part. (ii) 1915 c 101 s 3; RRS s 6261. (iii) 1927 c 192 s 22a; 1915 c 101 s 4; RRS s 6262. (iv) 1927 c 192 s 22b; 1915 c 101 s 5; RRS s 6263. Formerly RCW 15.32.450.]

catchline: Unlawful use of containers—Seizure authorized.


title: RCW 15.36.401

text:
(1) A license issued under this chapter may be denied, suspended, or revoked by the director when a person:
(a) Fails to comply with the provisions of this chapter or the rules adopted under this chapter;
(b) Refuses the department access to a portion or area of a facility regulated under this chapter, for the purpose of carrying out the provisions of this chapter;
(c) Fails to comply with an order of the director;
(d) Refuses to make available to the department records required to be kept under the provisions of this chapter;
(e) Fails to comply with the applicable provisions of chapter 15.130 RCW, *Washington intrastate commerce in food, drugs, and cosmetics act, or rules adopted under that chapter;
(f) Interferes with the director in the performance of his or her duties; or
(g) Exhibits negligence, misconduct, or lack of qualification in the discharge of his or her functions.
Upon notice by the director to deny, revoke, or suspend a license, a person may request a hearing under chapter 34.05 RCW.
(2) Whenever a milk transport vehicle is found in violation of this chapter or rules adopted under this chapter, the endorsement for that milk transport vehicle contained on a milk hauler's license may be suspended or revoked. The suspension or revocation does not apply to any other milk transport vehicle operated by the milk hauler.
(3) A license may be revoked by the director upon serious or repeated violations or after a license suspension or degrade for thirty continuous days without correction of the items causing the suspension or degrade.
[ 2018 c 236 s 703; 1999 c 291 s 15; 1994 c 143 s 501.]
Notes:
*Reviser's note: The chapter name for chapter 15.130 RCW is "food safety and security act."


title: RCW 15.36.412

text:
The director may issue a cease and desist order to any person whom the director has reason to believe is engaged in an activity for which a license is required by this chapter. The person to whom such notice is issued may request an adjudicative proceeding to contest the order.
[ 2006 c 157 s 5.]
Notes:
Findings—2006 c 157: See note following RCW 15.36.012.

catchline: Issuance of cease and desist order.


title: RCW 15.36.421

text:
(1) If the director finds a milk processing plant or producer operating under conditions that constitute an immediate danger to public health, safety, or welfare or if the licensee or an employee of the licensee actively prevents the director or the director's representative, during an on-site inspection, from determining whether such a condition exists, the director may summarily suspend a license provided for in this chapter.
(2) If a license is summarily suspended, the holder of the license shall be notified in writing that the license is, upon service of the notice, immediately suspended and that prompt opportunity for a hearing will be provided.
(3) If a license is summarily suspended, processing and shipping operations shall immediately cease. However, the director may reinstate the license if the condition that caused the suspension has been abated to the director's satisfaction.
[ 1999 c 291 s 16; 1994 c 143 s 503.]

catchline: Milk processing plant or producer—License suspension.


title: RCW 15.36.451

text:
Any producer or milk processing plant whose milk has been degraded by the director, or whose license has been suspended may at any time make application for the regrading of his or her products or the reinstatement of his or her license.
In case the lowered grade or the license suspension was the result of violation of the bacteriological or cooling temperature standards, the director may take further samples of the applicant's output, at a rate of not more than two samples per week. The director shall regrade the milk or milk products upward or reinstate the license on compliance with grade requirements as determined in accordance with the provisions of RCW 15.36.201.
In case the lowered grade of the applicant's product or the license suspension was due to a violation of an item other than bacteriological standard or cooling temperature, the said application must be accompanied by a statement signed by the applicant to the effect that the violated item of the specifications had been conformed with. Within one week of the receipt of such an application and statement the director shall make a reinspection of the applicant's establishment and thereafter as many additional reinspections as he or she may deem necessary to assure himself or herself that the applicant is again complying with the higher grade requirements. The higher grade or license shall be reinstated upon confirmation that all violated items are corrected and any period for reduction in grade or license suspensions as ordered by the director has been completed.
[ 2013 c 7 s 2; 1999 c 291 s 17; 1996 c 189 s 2; 1994 c 143 s 506; 1961 c 11 s 15.36.480. Prior: 1949 c 168 s 9; Rem. Supp. 1949 s 6266-37a. Formerly RCW 15.36.480.]
Notes:
Effective date—1996 c 189: See note following RCW 15.36.111.

catchline: Regrading of milk or milk products—Reinstatement of license.


title: RCW 15.36.454

text:
(1) Any person who fails to comply with this chapter or the rules adopted under this chapter may be subject to a civil penalty in an amount of not more than one thousand dollars per violation per day.
(2) The director may adopt by rule a penalty matrix that establishes procedures for civil penalties assessed under this chapter.
(3) Whenever the results of an antibiotic, pesticide, or other drug residue test on a producer's milk are above the actionable level established in the PMO, the producer is subject to a civil penalty under this section in addition to any other action taken under this chapter.
(4) The director may impose a civil penalty under this section for violations of the standards for component parts of fluid dairy products that are established in this chapter or rules adopted under this chapter.
(5) Each violation is a separate and distinct offense. The director shall impose the civil penalty in accordance with chapter 34.05 RCW. Moneys collected under this section shall be remitted to the department and deposited into the revolving fund of the Washington state dairy products commission.
[ 2013 c 7 s 3; 1999 c 291 s 18.]

catchline: Failure to comply with chapter or rules—Civil penalties.


title: RCW 15.36.455

text:
(1) When the director has probable cause to believe that milk or milk products are being sold, distributed, stored, or transported in violation of this chapter or rules adopted under this chapter, the director may issue and serve upon the owner or custodian of the milk or milk products a written notice of embargo and order prohibiting the sale of the milk or milk products. If the owner or custodian is not available for service, the director may attach the notice of embargo and order prohibiting sale to the container holding the milk or milk products. The milk or milk products shall not be sold, used, or removed until this chapter has been complied with and the milk or milk products have been released from embargo under conditions specified by the director in writing.
(2) The department may issue a destruction and disposal order covering any embargoed milk or milk products. The destruction and disposal shall occur at the cost of the owner or custodian.
(3) The person to whom the notice of embargo and order prohibiting sale was issued or the person to whom a destruction or disposal order was issued may request an adjudicative proceeding to contest the order.
(4) A state court shall not allow the recovery of damages from an administrative action under this section if the court finds there was probable cause for the action.
[ 2006 c 157 s 6.]
Notes:
Findings—2006 c 157: See note following RCW 15.36.012.

catchline: Violations—Notice, orders, damages.


title: RCW 15.36.473

text:
(1) It is unlawful for any person to sell raw milk from a dairy farm that is not licensed as a milk producer or a milk processing plant under this chapter.
(2) The sale of raw milk from a dairy farm that is not licensed as a milk producer and a milk processing plant under this chapter constitutes:
(a) For the first offense, a misdemeanor; and
(b) For the second and subsequent offenses, a gross misdemeanor punishable according to chapter 9A.20 RCW.
(3) Neither the issuance of a cease and desist order nor payment of a civil penalty relieves the person so selling raw milk from criminal prosecution, but the remedy of a cease and desist order or civil penalty is in addition to any criminal liability.
[ 2006 c 157 s 7.]
Notes:
Findings—2006 c 157: See note following RCW 15.36.012.

catchline: Failure to comply with chapter or rules—Criminal penalties.


title: RCW 15.36.475

text:
Tests performed by an official laboratory or an officially designated laboratory of a milk sample drawn by a department official or a licensed dairy technician shall be admitted as prima facie evidence of a violation in any proceeding to enforce this chapter.
[ 1999 c 291 s 21.]

catchline: Laboratory tests—Admission as evidence.


title: RCW 15.36.481

text:
The director may bring an action to enjoin the violation of any provision of this chapter or any rule adopted under this chapter in the superior court of the county in which the defendant resides or maintains his or her principal place of business or Thurston county.
[ 1999 c 291 s 22; 1969 ex.s. c 102 s 4. Formerly RCW 15.36.600.]

catchline: Violations may be enjoined.


title: RCW 15.36.491

text:
All moneys received for licenses under this chapter shall be deposited in the agricultural local fund established under RCW 43.23.230.
[ 2015 3rd sp.s. c 27 s 4; 2005 c 414 s 4; 1999 c 291 s 23; 1961 c 11 s 15.32.710. Prior: 1899 c 43 s 27; RRS s 6249. Formerly RCW 15.32.710.]
Notes:
Findings—Intent—2015 3rd sp.s. c 27: See note following RCW 15.36.051.
Effective date—2005 c 414 ss 1 and 4: See note following RCW 15.36.051.

catchline: Licenses—Money deposited in the agricultural local fund.


title: RCW 15.36.511

text:
(1) It is unlawful for any person to:
(a) Interfere with or obstruct any person in the performance of official duties under this chapter;
(b) Employ a tester, sampler, weigher, grader, or pasteurizer who is not licensed as a dairy technician;
(c) Alter or tamper with a seal placed by the director;
(d) Alter or tamper with a sample of milk or milk products taken or sealed by the director; or
(e) Operate as a milk producer or milk processing plant without obtaining a license from the director.
(2) Except as provided under RCW 15.36.131, it is unlawful for a milk processing plant to accept milk from a person not licensed as a producer or milk processor.
[ 2006 c 157 s 4; 1999 c 291 s 24; 1961 c 11 s 15.32.730. Prior: 1919 c 192 s 76; RRS s 6238. Formerly RCW 15.32.730.]
Notes:
Findings—2006 c 157: See note following RCW 15.36.012.

catchline: Unlawful actions.


title: RCW 15.36.525

text:
The department may issue sanitary certificates to milk processing plants under this chapter subject to such requirements as it may establish by rule. The fee for issuance is seventy-five dollars per certificate beginning July 1, 2015. Fees collected under this section shall be deposited in the agricultural local fund.
[ 2015 3rd sp.s. c 27 s 5; 1999 c 291 s 25.]
Notes:
Findings—Intent—2015 3rd sp.s. c 27: See note following RCW 15.36.051.

catchline: Sanitary certificates—Rules—Fee for issuance.


title: RCW 15.36.531

text:
It is hereby declared that this chapter is enacted as an exercise of the police power of the state of Washington for the preservation of the public health and each and every section thereof shall be construed as having been intended to effect such purpose and not as having been intended to affect any regulation or restraint of commerce between the several states which may by the Constitution of the United States of America have been reserved to the congress thereof.
[ 1961 c 11 s 15.32.900. Prior: 1919 c 192 s 83; RRS s 6245. Formerly RCW 15.32.900.]

catchline: Declaration of police power.


title: RCW 15.36.541

text:
Nothing in this chapter shall be construed as affecting or being intended to effect a repeal of chapter 15.130 RCW or RCW 69.40.010 through 69.40.025, or of any of such sections, or of any part or provision of any such sections, and if any section or part of a section in this chapter shall be found to contain, cover or effect any matter, topic or thing which is also contained in, covered in or effected by said sections, or by any of them, or by any part thereof, the prohibitions, mandates, directions, and regulations hereof, and the penalties, powers and duties herein prescribed shall be construed to be additional to those prescribed in such sections and not in substitution therefor. And nothing in this chapter shall be construed to forbid the importation, transportation, manufacture, sale, or possession of any article of food which is not prohibited from interstate commerce by the laws of the United States or rules or regulations lawfully made thereunder, if there be a standard of quality, purity and strength therefor authorized by any law of this state, and such article comply therewith and be not misbranded.
[ 2018 c 236 s 704; 1961 c 11 s 15.32.910. Prior: 1919 c 192 s 88; RRS s 6266. Formerly RCW 15.32.910.]

catchline: Chapter cumulative.


title: RCW 15.36.551

text:
There is levied on all milk processed in this state an assessment not to exceed fifty-four one-hundredths of one cent per hundredweight. The director shall determine, by rule, an assessment, that with contribution from the general fund, will support an inspection program to maintain compliance with the provisions of the pasteurized milk ordinance of the national conference on interstate milk shipment. All assessments shall be levied on the operator of the first milk processing plant receiving the milk for processing. This shall include milk processing plants that produce their own milk for processing and milk processing plants that receive milk from other sources. Milk processing plants whose monthly assessment for receipt of milk totals less than $20 in any given month are exempted from paying this assessment for that month. All moneys collected under this section shall be paid to the director by the 20th day of the succeeding month for the previous month's assessments. The director shall deposit the funds into the dairy inspection account hereby created within the agricultural local fund established in RCW 43.23.230. The funds shall be used only to provide inspection services to the dairy industry. If the operator of a milk processing plant fails to remit any assessments, that sum shall be a lien on any property owned by him or her, and shall be reported by the director and collected in the manner and with the same priority over other creditors as prescribed for the collection of delinquent taxes under chapters 84.60 and 84.64 RCW.
This section expires June 30, 2031.
[ 2025 c 41 s 1; 2019 c 115 s 1; 2015 1st sp.s. c 5 s 1; 2010 c 17 s 1; 2004 c 132 s 1; 1999 c 291 s 26; 1995 c 15 s 1; 1994 c 34 s 1; 1993 sp.s. c 19 s 1; 1992 c 160 s 1. Formerly RCW 15.36.105.]
Notes:
Effective date—2025 c 41: "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 June 30, 2025." [ 2025 c 41 s 2.]
Effective date—1995 c 15: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 12, 1995]." [ 1995 c 15 s 2.]

catchline: Dairy inspection program—Assessment. (Expires June 30, 2031.)


title: RCW 15.36.561

text:
(1) There is created a dairy inspection program advisory committee. The committee shall consist of eleven members appointed by the director. The director shall solicit nominations for members of the committee from Washington dairy producer organizations and milk processors. The committee shall consist of four members who are producers or their representatives, four members who are milk processors or their representatives, one member who is a producer processor, one member who is a milk hauler, and one member who is a milk equipment dealer.
(2) The purpose of this advisory committee is to advise the director in the administration of the dairy inspection program and regarding policy issues related to this chapter.
(3) The terms of the members of the committee shall be staggered and the members shall serve a term of three years until their successor has been appointed and qualified. In the event a committee member resigns, is disqualified, or vacates a position on the committee for any reason the vacancy may be filled by the director under the provisions of this section governing appointments. The director may remove a member for cause.
(4) The committee shall elect one of its members as chair. The committee shall meet by the call of the director, chair, or a majority of the committee. Members of the committee shall serve without compensation.
[ 1999 c 291 s 27; 1994 c 143 s 507; 1994 c 34 s 2; 1992 c 160 s 2. Formerly RCW 15.36.107.]

catchline: Dairy inspection program—Advisory committee—Purpose—Terms.


title: RCW 15.36.571

text:
The department may, upon inspection, assess an inspection fee on any manufacturing facility that is required to be inspected under the PMO and does not satisfy the definition of "milk processing plant" as defined in this chapter, "food processing plant" as defined in RCW 69.07.010, or "food storage warehouse" as defined in RCW 69.10.005.
[ 2015 3rd sp.s. c 27 s 6.]
Notes:
Findings—Intent—2015 3rd sp.s. c 27: See note following RCW 15.36.051.

catchline: Department authorized to assess inspection fee on certain manufacturing facilities.


title: RCW 15.37.010

text:
For the purpose of this chapter:
(1) "Department" means the department of agriculture of the state of Washington.
(2) "Director" means the director of the department or his or her duly appointed representative.
(3) "Person" means a natural person, individual, or firm, partnership, corporation, company, society, and association, and every officer, agent, or employee thereof. This term shall import either the singular or plural, as the case may be.
[ 2010 c 8 s 6052; 1961 c 285 s 1.]

catchline: Definitions.


title: RCW 15.37.020

text:
The director shall enforce and carry out the provisions of this chapter and may adopt the necessary rules to carry out its purpose. The adoption of rules shall be subject to the provisions of chapter 34.05 RCW, concerning the adoption of rules, as enacted or hereafter amended.
[ 1961 c 285 s 2.]

catchline: Enforcement of chapter—Rules, subject to administrative procedure act.


title: RCW 15.37.030

text:
It shall be unlawful for any person to sell, offer for sale, hold for sale, or advertise for sale, trade, barter, or to give as an inducement for the sale of another product, milk, cream, or skim milk, for animal food consumption, which does not meet, or has not been produced and handled under conditions prescribed for grade A milk as provided in chapter 15.36 RCW as enacted or hereafter amended, without first obtaining an annual license from the director which shall expire on June 30th following the date of issuance unless revoked prior thereto by the director for cause.
[ 1961 c 285 s 3.]

catchline: Minimum conditions for sale, etc.—When license required—Expiration date of license.


title: RCW 15.37.040

text:
Application for a license shall be on a form prescribed by the director and shall include the following:
(1) The full name of the person applying for the license.
(2) If such applicant is a receiver, trustee, firm, partnership, association, or corporation, the full name of each member of the firm or partnership or the names of the officers of the association or corporation shall be given on the application.
(3) The principal business address of the applicant in the state and elsewhere.
(4) The name of a person domiciled in this state authorized to receive and accept service or legal notice of all kinds.
(5) Any other information prescribed by the director necessary to carry out the purposes and provisions of this chapter.
The director shall issue a license to an applicant upon his or her satisfaction that the applicant has satisfied the requirements of this chapter and rules adopted hereunder and that such applicant has paid the required fee.
[ 2010 c 8 s 6053; 1961 c 285 s 4.]

catchline: Application, issuance of license.


title: RCW 15.37.050

text:
The application for an annual license to sell, offer for sale, hold for sale, or advertise for sale, trade, barter, or to give as an inducement for the sale of another product, milk, cream, or skim milk for animal food consumption shall be accompanied by a license fee of twenty-five dollars.
[ 1961 c 285 s 5.]

catchline: License fee on application.


title: RCW 15.37.060

text:
If an application for renewal of a license provided for in RCW 15.37.030 is not filed prior to July 1st of any one year, a penalty of ten dollars shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued: PROVIDED, That such penalty shall not apply if the applicant furnishes an affidavit that he or she has not sold, offered for sale, held for sale, or advertised for sale, milk, cream, or skim milk for animal food consumption subsequent to the expiration of his or her prior license.
[ 2010 c 8 s 6054; 1961 c 285 s 6.]

catchline: Penalty for delinquency on renewal of license.


title: RCW 15.37.070

text:
The director is authorized to deny, suspend, or revoke the license provided for in RCW 15.37.030 subsequent to a hearing in any case in which he or she finds that there has been a failure or refusal to comply with the provisions of this chapter or rules adopted hereunder.
[ 2010 c 8 s 6055; 1961 c 285 s 7.]

catchline: Denial, suspension, revocation of license.


title: RCW 15.37.080

text:
All hearings for a denial, suspension, or revocation of a license provided for in RCW 15.37.030 shall be subject to the provisions of chapter 34.05 RCW concerning adjudicative proceedings.
[ 1989 c 175 s 50; 1961 c 285 s 8.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Denial, suspension, revocation of license—Hearings subject to administrative procedure act.


title: RCW 15.37.090

text:
The director may issue subpoenas to compel the attendance of witnesses and/or the production of books, documents, and records in the county in which the person licensed under this chapter resides in any hearing affecting the authority or privileges granted by a license issued under the provisions of this chapter. Witnesses, except complaining witnesses, shall be entitled to fees for attendance and travel, as provided for in chapter 2.40 RCW as enacted or hereafter amended.
[ 1961 c 285 s 9.]

catchline: Subpoenas—Witness fees.


title: RCW 15.37.100

text:
It shall be unlawful for any person to sell, offer for sale, hold for sale, advertise for sale, trade, barter, or to give as an inducement for the sale of another product, any milk, cream, or skim milk, for animal food consumption which does not meet, or has not been produced under conditions prescribed for grade A milk, as prescribed in chapter 15.36 RCW as enacted or hereafter amended and rules adopted thereunder, and the applicable provisions of chapter 69.04 RCW (the Food, Drug and Cosmetic Act) as enacted and hereafter amended and rules adopted thereunder, in containers provided either by the vendor or vendee and which are capable of holding less than twenty liquid quarts, unless such milk, cream, or skim milk has been decharacterized with a color prescribed by the director which will not affect its nutritive value for animal food.
[ 1961 c 285 s 10.]

catchline: Coloring of milk in containers, when required.


title: RCW 15.37.110

text:
It shall be unlawful to sell, offer for sale, hold for sale, trade, barter, or to offer as an inducement for the sale of another product, milk, cream, or skim milk subject to the provisions of this chapter in containers which are not labeled in a conspicuous location readily visible to any person handling such containers with the following:
(1) The name and address of the producer or distributor in letters not less than one-fourth inch in size.
(2) The name of the contents in letters not less than one-fourth inch in size.
(3) The words "not for human consumption" in letters at least one-half inch in size.
(4) The words "decharacterized with harmless food coloring" in letters not less than one-fourth inch in size.
[ 1961 c 285 s 11.]

catchline: Labels on containers—Contents.


title: RCW 15.37.120

text:
The director or his or her duly authorized representative may enter, during reasonable business hours, any premises where milk, cream, or skim milk subject to the provisions of this chapter is produced, handled, distributed, sold, offered for sale, held for sale, or used for the inducement of the sale of another product to determine if such milk, cream, or skim milk has been properly decharacterized as provided in RCW 15.37.100 or rules adopted hereunder. No person shall interfere with the director or his or her duly authorized representative when he or she is performing or carrying out the duties imposed on him or her by this chapter or rules adopted hereunder.
[ 2010 c 8 s 6056; 1961 c 285 s 12.]

catchline: Entry on premises.


title: RCW 15.37.130

text:
The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any rule adopted pursuant to this chapter in the superior court of Thurston county, notwithstanding the existence of any other remedy at law.
[ 1961 c 285 s 13.]

catchline: Injunctions authorized.


title: RCW 15.37.140

text:
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1961 c 285 s 14.]

catchline: Chapter cumulative and nonexclusive.


title: RCW 15.37.150

text:
Any person violating the provisions of this chapter or rules adopted hereunder is guilty of a misdemeanor.
[ 1961 c 285 s 15.]

catchline: Penalty.


title: RCW 15.44.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Commission" means the Washington state dairy products commission.
(2) "Current level of assessment" means the level of assessment paid by the producer as set by the commission which cannot exceed the maximum authorized assessment rate.
(3) "Dealer" means a person doing business in the state of Washington who handles, ships, buys, and sells dairy products, or who acts as sales or purchasing agent, broker, or factor of dairy products.
(4) "Handler" means a person doing business in the state of Washington who purchases milk, cream, or skimmed milk for processing, manufacturing, sale, or distribution.
(5) "Mail" or "send" for purposes of any notice relating to rule making, referenda, or elections means regular mail or electronic distribution, as provided in RCW 34.05.260 for rule making. "Electronic distribution" or "electronically" means distribution by electronic mail or facsimile mail.
(6) "Maximum authorized assessment rate" means the level of assessment most recently approved by a referendum of producers.
(7) "Person" means an individual, firm, corporation, limited liability company, trust, association, partnership, society, or any other organization of individuals, or any unit or agency of local, state, or federal government.
(8) "Processor" means a person doing business in the state of Washington who uses milk or cream for canning, drying, manufacturing, preparing, or packaging or for use in producing or manufacturing any product therefrom.
(9) "Producer" means a person doing business in the state of Washington who produces milk from cows and sells it for human or animal food, or medicinal or industrial uses.
(10) "Ship" means to deliver or consign milk or cream to a person dealing in, processing, distributing, or manufacturing dairy products for sale, for human consumption, or industrial or medicinal uses.
[ 2012 c 107 s 1; 2002 c 313 s 88; 1985 c 261 s 17; 1979 ex.s. c 238 s 1; 1961 c 11 s 15.44.010. Prior: 1939 c 219 s 2; RRS s 6266-2.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1979 ex.s. c 238: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 238 s 27.]


title: RCW 15.44.015

text:
The history, economy, culture, and the future of Washington state's agriculture involves the dairy industry. In order to develop and promote Washington's dairy products as part of an existing comprehensive scheme to regulate those products the legislature declares:
(1) That the Washington state dairy products commission is created. The commission may also take actions under the name "the dairy farmers of Washington";
(2) That it is vital to the continued economic well-being of the citizens of this state and their general welfare that its dairy products be properly promoted by (a) enabling the dairy industry to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standardizing of the dairy products they produce; and (b) working to stabilize the dairy industry by increasing consumption of dairy products within the state, the nation, and internationally;
(3) That dairy producers operate within a regulatory environment that imposes burdens on them for the benefit of society and the citizens of the state and includes restrictions on marketing autonomy. Those restrictions may impair the dairy producer's ability to compete in local, domestic, and foreign markets;
(4) That it is in the overriding public interest that support for the dairy industry be clearly expressed, that adequate protection be given to agricultural commodities, uses, activities, and operations, and that dairy products be promoted individually, and as part of a comprehensive industry to:
(a) Enhance the reputation and image of Washington state's agriculture industry;
(b) Increase the sale and use of Washington state's dairy products in local, domestic, and foreign markets;
(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production of Washington state's dairy products;
(d) Increase the knowledge of the health-giving qualities and dietetic value of dairy products; and
(e) Support and engage in programs or activities that benefit the production, handling, processing, marketing, and uses of dairy products produced in Washington state;
(5) That this chapter is enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state; and
(6) That the dairy industry is a highly regulated industry and that this chapter and the rules adopted under it are only one aspect of the regulated industry. Other regulations and restraints applicable to the dairy industry include the:
(a) Federal marketing order under 7 C.F.R., Part 1124;
(b) Dairy promotion program under the dairy and tobacco adjustment act of 1983, Subtitle B;
(c) Milk and milk products act under chapter 15.36 RCW and rules, including:
(i) The national conference of interstate milk shippers pasteurized milk ordinance;
(ii) The national conference of interstate milk shippers dry milk ordinance;
(iii) Standards for the fabrication of single-service containers;
(iv) Procedures governing cooperative state-public health service;
(v) Methods of making sanitation ratings of milk supplies;
(vi) Evaluation and certification of milk laboratories; and
(vii) Interstate milk shippers;
(d) Milk and milk products for animal food act under chapter 15.37 RCW and rules;
(e) Organic products act under chapter 15.86 RCW and rules;
(f) The food safety and security act under chapter 15.130 RCW;
(g) Washington food processing act under chapter 69.07 RCW and rules;
(h) Washington food storage warehouses act under chapter 69.10 RCW and rules;
(i) Animal health under chapter 16.36 RCW and rules;
(j) Weighmasters under chapter 15.80 RCW and rules; and
(k) Dairy nutrient management act under chapter 90.64 RCW and rules.
[ 2018 c 236 s 705; 2011 c 103 s 29; 2002 c 313 s 87.]
Notes:
Purpose—2011 c 103: See note following RCW 15.26.120.
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Regulating dairy products—Commission created—Existing comprehensive scheme—Laws applicable.


title: RCW 15.44.020

text:
The commission shall be composed of producers and at least one dealer. The director shall be a voting member of the commission.
As used in this chapter, "director" means the director of agriculture or his or her authorized representative.
[ 2012 c 107 s 2; 2008 c 12 s 1; 2003 c 396 s 24; 2002 c 313 s 89; 1979 ex.s. c 238 s 2; 1975 1st ex.s. c 136 s 1; 1965 ex.s. c 44 s 2; 1961 c 11 s 15.44.020. Prior: 1959 c 163 s 2; prior: (i) 1939 c 219 s 3, part; RRS s 6266-3, part. (ii) 1939 c 219 s 4, part; RRS s 6266-4, part.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1979 ex.s. c 238: See note following RCW 15.44.010.

catchline: Commission composition.


title: RCW 15.44.021

text:
(1) The director shall appoint the members of the commission.
(2) Candidates for producer member positions on the commission shall be nominated under RCW 15.44.033. The director may select a nominated candidate for a position or may reject all candidates.
(3) If two candidates are nominated, the director may choose one, reject both, or call for an advisory vote between the two candidates. In the event there are more than two candidates nominated for the producer member positions, the director shall cause an advisory vote to be held. Advisory ballots shall be mailed to all producers in the district or area where a vacancy is about to occur and shall be returned to the director not less than thirty days prior to the commencement of the term. The advisory ballot shall be conducted in a manner so that it is a secret ballot. The names of the two candidates receiving the most votes in the advisory vote shall be forwarded to the director for potential appointment to the commission.
(4) The director may request that any candidate whose name is forwarded to the director for potential appointment submit a letter stating why he or she wishes to be appointed to the commission.
(5) If the director rejects one or more of the candidates nominated under RCW 15.44.033, the director may request that the commission provide additional qualified nominees for consideration. Upon receipt of the nomination or nominations, the director may select a candidate, cause an advisory vote to be held, or reject the nominees. If the commission does not submit additional nominees to the director within thirty days of the director's request, the director shall nominate additional candidates for an advisory vote.
(6) The commission may appoint up to three nonvoting members who have expertise in marketing, operations, or other topics relevant to the work of the commission. The term of office for each nonvoting position is one year and may be renewed by the commission.
(7) The director shall appoint one person to a dealer position, unless the commission adopts rules providing for additional dealer positions on the commission.
[ 2012 c 107 s 3; 2008 c 12 s 2; 2003 c 396 s 25.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

catchline: Director appoints members—Nominations—Advisory vote.


title: RCW 15.44.022

text:
(1) To accomplish the transition to the newly defined districts and areas as described in RCW 15.44.027, the initial producer appointments are as follows:
(a) The current incumbent representing district one must be appointed to the new district four position with an expiration date of June 30, 2015;
(b) The current incumbent representing district two must be appointed to the eastern Washington at large position with an expiration date of June 30, 2015;
(c) The current incumbent representing district three must be appointed to the new district one position with an expiration date of June 30, 2013;
(d) The current incumbent representing district four must be appointed to the new district three position with an expiration date of June 30, 2013;
(e) The current incumbent representing district five must be appointed to the state at large position with an expiration date of June 30, 2014;
(f) The current incumbent representing district six must be appointed to the new western Washington at large position with an expiration date of June 30, 2014;
(g) The current incumbent representing district seven must be appointed to the new district two position with an expiration date of June 30, 2014; and
(h) The current incumbent representing dealers must be appointed to the dealer position with an expiration date of June 30, 2013.
(2) Thereafter, producer and dealer members are nominated and appointed as provided for under RCW 15.44.021 and 15.44.033.
[ 2012 c 107 s 4; 2003 c 396 s 28.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

catchline: Transition to defined districts and areas.


title: RCW 15.44.023

text:
Any board member of the commission may be a member or officer of an association that has the same objectives for which the commission was formed. The commission may contract with the association for services necessary to carry out any purposes authorized under this chapter if an appropriate written contract has been entered into.
[ 2002 c 313 s 101.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Associations with same objective—Dual membership—Contracting.


title: RCW 15.44.027

text:
(1) One producer member of the commission must be appointed from each of the following districts or areas:
(a) District one, which includes the counties of Whatcom, Skagit, Snohomish, San Juan, Island, and that portion of King county located north of Interstate 90;
(b) District two, which includes the counties of Clallam, Jefferson, Grays Harbor, Kitsap, Mason, Thurston, Pierce, Lewis, Wahkiakum, Cowlitz, Clark, Skamania, and that portion of King county located south of Interstate 90;
(c) District three, which includes the counties of Yakima, Klickitat, and Benton;
(d) District four, which includes the counties of Kittitas, Grant, Franklin, Walla Walla, Columbia, Garfield, Asotin, Whitman, Adams, Lincoln, Spokane, Douglas, Chelan, Okanogan, Ferry, Stevens, and Pend Oreille;
(e) Western Washington at large, which includes that portion of the state of Washington located west of the crest of the Cascade mountains;
(f) Eastern Washington at large, which includes that portion of the state of Washington located east of the crest of the Cascade mountains; and
(g) The state at large, which includes the entire state.
(2) The commission may adopt rules to eliminate, combine, revise, amend, or otherwise modify commission districts and areas in accordance with the intent and provisions of this chapter. In the event of redistricting, the procedure for transition of appointments to new districts or areas must be set forth in rule. The commission may adopt rules allowing the appointment of additional dealers to the commission.
(3) The boundaries and numbers of the commission districts or areas shall be maintained in a manner that ensures each producer a representation in the commission which is reasonably equal with the representation afforded all other producers by their commission members and maintains reasonable apportionment for each historical production or marketing area. However, the requirement of this section for reasonable equal representation of each producer on the commission does not require an equality of representation when the commission districts east of the crest of the Cascade mountains are compared to the commission districts west of the crest of the Cascade mountains.
(4) The commission shall, when requested in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW as enacted or hereafter amended, or on its own initiative, hold hearings to determine if new boundaries for each commission district or area should be established in order to afford each producer a reasonably equal representation in the commission, and if the commission so finds it shall change the boundaries of the commission districts or areas to carry out the proper reapportionment of producer representation on the commission.
(5) A review of boundaries and areas must be conducted by the commission at least every five years and take into consideration the distribution of producers, the number of head, production levels, and other relevant factors as determined by the commission. If the commission fails to carry out its responsibilities as set forth in this section, the director may upon request by ten producers institute a hearing to determine if there is reasonably equal representation for each producer on the commission. If the director finds that such reasonably equal representation is lacking, he or she then shall realign the district boundaries in a manner which will provide proper representation on the commission for each producer.
[ 2012 c 107 s 5; 2010 c 8 s 6057; 1975 1st ex.s. c 136 s 7.]

catchline: Appointment of producer member—Commission's authority—Reasonably equal producer representation.


title: RCW 15.44.030

text:
Each of the producer members of the commission shall:
(1) Be a citizen and resident of this state and the district or area which he or she represents; and
(2) Be and for the five years last preceding his or her election have been actually engaged as an owner or shareholder in producing dairy products within this state. These qualifications must continue during each member's term of office.
The dealer member shall be actively engaged as a dealer in dairy products or employed in a dealer capacity as an officer or employee at management level in a dairy products organization.
[ 2012 c 107 s 6; 2008 c 12 s 3; 1975 1st ex.s. c 136 s 2; 1965 ex.s. c 44 s 4; 1961 c 11 s 15.44.030. Prior: 1959 c 163 s 4; prior: 1939 c 219 s 3, part; RRS s 6266-3, part.]

catchline: Member qualifications.


title: RCW 15.44.032

text:
(1) Except as provided in this section for initial appointments after redistricting or boundary modification, the term of office of each producer member of the commission shall be three years. Commission members shall continue to serve their terms until new appointments are made.
(2) Any vacancies that occur on the commission shall be filled by appointment by the director from a list containing the names of a candidate or candidates forwarded to the director by the commission. The director has the discretion to appoint or reject the candidate or candidates and, if the candidate or candidates are rejected, request additional candidates. The appointee shall hold office for the remainder of the term for which he or she is appointed to fill, so that commission memberships shall be on a uniform staggered basis.
(3) The term of office of each dealer shall be three years or until such time as a successor is duly appointed. Any vacancy for a dealer shall be forthwith filled by the director. The director, in making any dealer appointments, may consider lists of nominees supplied by dealers or producers also acting as dealers.
[ 2012 c 107 s 7; 2008 c 12 s 4; 1975 1st ex.s. c 136 s 3; 1965 ex.s. c 44 s 5; 1961 c 11 s 15.44.032. Prior: 1959 c 163 s 5.]

catchline: Terms—Vacancies.


title: RCW 15.44.033

text:
(1) Producer members of the commission shall be nominated by producers within the district or area that such producer members represent.
(2) Nomination for candidates to be appointed to the commission shall be conducted by mail by the director. Such nomination forms shall be mailed by the director to each producer in a district or area where a vacancy is about to occur. Such mailing shall be made on or after April 1st, but not later than April 10th of the year the incumbent's term will expire. The nomination form shall provide for the name of the nominee and the names of five other producers nominating such nominee. The producers nominating such nominee shall sign the form and shall further attest that the nominee meets the qualifications for a producer member to serve on the commission and that he or she will be willing to serve on the commission if appointed.
(3) All nominations as provided for in this section shall be returned to the director by April 30th, and the director shall not accept any nomination postmarked later than midnight April 30th, nor place the candidate thereon on the advisory ballot.
(4) Advisory vote ballots for appointing nominees to the commission will be mailed by the director to all eligible producers no later than May 15th, in districts or areas where advisory votes are to be held and such ballots to be valid shall be returned postmarked no later than May 31st of the year mailed, to the director in Olympia.
(5) The director shall determine whether the persons nominated possess the qualifications required by statute for the position.
[ 2012 c 107 s 8; 2003 c 396 s 26; 1995 c 374 s 59; 1967 c 240 s 30; 1965 ex.s. c 44 s 6.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Severability—1967 c 240: See note following RCW 43.23.010.

catchline: Nomination and appointment procedure.


title: RCW 15.44.035

text:
(1) The commission shall prior to each advisory vote, in sufficient time to satisfy the requirements of RCW 15.44.033, furnish the director with a list of all producers within the district or area for which the advisory vote is being held. The commission shall require each dealer and shipper in addition to the information required under RCW 15.44.110 to furnish the commission with a list of names of producers whose milk they handle.
(2) Any producer may on his or her own motion file his or her name with the commission for the purpose of receiving notice of the advisory vote.
(3) It is the responsibility of each producer to ensure that his or her correct address is filed with the commission.
(4) For all purposes of giving notice, holding referenda, and conducting advisory votes for nominees to the commission, the applicable list of producers corrected up to the day preceding the date the list is certified and mailed to the director is deemed to be the list of all producers or handlers, as applicable, entitled to notice or to vote. The list shall be corrected and brought up-to-date in accordance with evidence and information provided to the commission.
[ 2012 c 107 s 9; 2003 c 396 s 27; 2002 c 313 s 90; 1965 ex.s. c 44 s 7.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Producer lists—Each producer responsible for accuracy—Use of lists.


title: RCW 15.44.038

text:
(1) A majority of the commission members shall constitute a quorum for the transaction of all business and the performance of all duties of the commission.
(2) Each member shall be compensated in accordance with RCW 43.03.230. Each member or employee shall be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter as defined by the commission in rule. Otherwise, if not defined in rule, reimbursement for travel expenses shall be at the rates allowed by RCW 43.03.050 and 43.03.060.
[ 2002 c 313 s 92; 1984 c 287 s 15; 1975-'76 2nd ex.s. c 34 s 15; 1975 1st ex.s. c 7 s 12; 1961 c 11 s 15.44.038. Prior: 1959 c 163 s 8.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: Quorum—Compensation—Travel expenses.


title: RCW 15.44.040

text:
Copies of the proceedings, records and acts of the commission, when certified by the secretary, shall be admissible in any court and be prima facie evidence of the truth of the statements therein contained.
[ 1961 c 11 s 15.44.040. Prior: 1959 c 163 s 9; prior: 1939 c 219 s 4, part; RRS s 6266-4, part.]

catchline: Copies of records as evidence.


title: RCW 15.44.050

text:
The commission shall elect a manager, who is not a member, and fix his or her compensation; and shall appoint a secretary-treasurer, who shall sign all vouchers and receipts for all moneys received by the commission. The treasurer shall file with the commission a fidelity bond in the sum of one hundred thousand dollars, executed by a surety company authorized to do business in the state, in favor of the state and the commission, conditioned for the faithful performance of his or her duties and strict accounting of all funds to the commission.
[ 2010 c 8 s 6058; 1979 ex.s. c 238 s 3; 1961 c 11 s 15.44.050. Prior: (i) 1939 c 219 s 5; RRS s 6266-5. (ii) 1939 c 219 s 6; RRS s 6266-6.]
Notes:
Severability—1979 ex.s. c 238: See note following RCW 15.44.010.


title: RCW 15.44.055

text:
If a commission member fails or refuses to perform his or her duties due to excessive absence or abandonment of his or her position or engages in any acts of dishonesty or willful misconduct, the commission may recommend to the director that the commission member be removed from his or her position on the commission. Upon receiving such a recommendation, the director shall review the matter, including any statement from the commission member who is the subject of the recommendation, and determine whether adequate cause for removal is present. If the director finds that adequate cause for removal exists, the director shall remove the member from his or her commission position. The position shall then be declared vacant and will be filled pursuant to the provisions of this chapter for filling vacancies.
[ 2008 c 12 s 5.]


title: RCW 15.44.060

text:
The commission shall have the power and duty to:
(1) Elect a chair and such other officers as it deems advisable, and adopt, rescind, and amend rules, regulations, and orders for the exercise of its powers, which shall have the effect of law when not inconsistent with existing laws;
(2) Administer and enforce the provisions of this chapter and perform all acts and exercise all powers reasonably necessary to effectuate the purpose hereof;
(3) Employ and discharge advertising counsel, advertising agents, and such attorneys, agents, and employees as it deems necessary, and prescribe their duties and powers and fix their compensation;
(4) Establish offices, incur expenses, enter into contracts, and create such liabilities as are reasonable and proper for the proper administration of this chapter;
(5) Investigate and prosecute violations of this chapter;
(6) Conduct scientific research designed to improve milk production, quality, transportation, processing, and distribution and to develop and discover uses for products of milk and its derivatives;
(7) Make in its name such contracts and other agreements as are necessary to build demand and promote the sale of dairy products on either a state, national, or foreign basis;
(8) Keep accurate records of all its dealings, which shall be open to public inspection and audit by the regular agencies of the state;
(9) Conduct the necessary research to develop more efficient and equitable methods of marketing dairy products, and enter upon, singly or in participation with others, the promotion and development of state, national, or foreign markets;
(10) Participate in federal and state agency hearings, meetings, and other proceedings relating to the regulation of the production, manufacture, distribution, sale, or use of dairy products, to provide educational meetings and seminars for the dairy industry on such matters, and to expend commission funds for such activities;
(11) Retain the services of private legal counsel to conduct legal actions, on behalf of the commission. The retention of a private attorney is subject to the review of the office of the attorney general;
(12) Work cooperatively with other local, state, and federal agencies, universities, and national organizations for the purposes of this chapter;
(13) Accept and expend or retain any gifts, bequests, contributions, or grants from private persons or private and public agencies to carry out the purposes of this chapter;
(14) Engage in appropriate fund-raising activities for the purpose of supporting activities of the commission authorized by this chapter;
(15) Expend funds for commodity-related education, training, and leadership programs as the commission deems appropriate;
(16) Work cooperatively with nonprofit and other organizations to carry out the purposes of this chapter; and
(17) Conduct research and education related to economic uses of nutrients produced by dairy farms.
[ 2016 c 101 s 1; 2010 c 8 s 6059; 2002 c 313 s 93; 1999 c 300 s 1; 1979 ex.s. c 238 s 4; 1961 c 11 s 15.44.060. Prior: 1959 c 163 s 13; 1939 c 219 s 8; RRS s 6266-8.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1979 ex.s. c 238: See note following RCW 15.44.010.

catchline: Powers and duties.


title: RCW 15.44.061

text:
(1) The commission shall develop and submit to the director for approval any plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising, promotion, and education of the affected commodities; and
(b) The establishment and effectuation of market research projects, market development projects, or both to the end that the marketing and utilization of the affected commodities may be encouraged, expanded, improved, or made more efficient.
(2) The director shall review the commission's advertising or promotion program to ensure that no false claims are being made concerning the affected commodities.
(3) The commission, prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its research plan, its commodity-related education, training and leadership plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a timely manner.
[ 2003 c 396 s 29.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

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


title: RCW 15.44.062

text:
The commission exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges the commission, with oversight by the director, to speak on behalf of Washington state government with regard to its particular commodities.
[ 2003 c 396 s 30.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

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


title: RCW 15.44.063

text:
(1) The commission shall reimburse the director for necessary costs for services conducted on behalf of the commission under this chapter.
(2) The commission may enter into an agreement with the director to administer this chapter or chapter 34.05 RCW.
[ 2002 c 313 s 91.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Reimbursement for costs.


title: RCW 15.44.065

text:
The commission may establish foundations using commission funds as grant money when the foundation benefits the dairy products industry. Commission funds may only be used for the purposes authorized in this chapter.
[ 2002 c 313 s 100.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Commission may establish foundations.


title: RCW 15.44.070

text:
(1) Every rule or order made by the commission shall be filed with the director and published in two legal newspapers, one east and one west of the Cascade mountains, within ten days after it is adopted, and is effective as set forth under RCW 34.05.380.
(2) Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310, the provisions of chapter 19.85 RCW, the regulatory fairness act, and the provisions of RCW 43.135.055 when adoption of the rule is determined by a referendum vote of the affected parties.
[ 2002 c 313 s 94; 1975 1st ex.s. c 7 s 39; 1961 c 11 s 15.44.070. Prior: 1939 c 219 s 18; RRS s 6266-18.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Rules or orders to be filed and published—Rule-making exemptions.


title: RCW 15.44.080

text:
(1) There is hereby levied upon all milk produced in this state an assessment of:
(a) 0.75 percent of class I price for 3.5 percent butter fat milk as established in any market area by a market order in effect in that area or by the state department of agriculture in case there is no market order for that area; or
(b) While the federal dairy and tobacco adjustment act of 1983, Title I, Subtitle B-dairy promotion program, is in effect:
(i) An assessment rate not to exceed the rate approved at the most recent referendum that would achieve a ten cent per hundredweight credit to local, state, or regional promotion organizations provided by Title I, Subtitle B of the federal dairy and tobacco adjustment act of 1983; and
(ii) An additional assessment of 0.625 of one cent per hundredweight.
(2) Subject to approval by a producer referendum as provided in this section, the commission shall have the further power and duty to increase the amount of the maximum authorized assessment rate to be levied upon either milk or cream according to the necessities required to effectuate the stated purpose of the commission.
In determining such necessities, the commission shall consider one or more of the following:
(a) The necessities of:
(i) Developing better and more efficient methods of marketing milk and related dairy products;
(ii) Aiding dairy producers in preventing economic waste in the marketing of their commodities;
(iii) Developing and engaging in research for developing better and more efficient production, marketing, and utilization of agricultural products;
(iv) Establishing orderly marketing of dairy products;
(v) Providing for uniform grading and proper preparation of dairy products for market;
(vi) Providing methods and means including but not limited to public relations and promotion, for the maintenance of present markets, for development of new or larger markets, both domestic and foreign, for dairy products produced within this state, and for the prevention, modification, or elimination of trade barriers which obstruct the free flow of such agricultural commodities to market;
(vii) Restoring and maintaining adequate purchasing power for dairy producers of this state; and
(viii) Protecting the interest of consumers by assuring a sufficient pure and wholesome supply of milk and cream of good quality;
(b) The extent and probable cost of required research and market promotion and advertising;
(c) The extent of public convenience, interest, and necessity; and
(d) The probable revenue from the assessment as a consequence of its being revised.
(3)(a) This section shall apply where milk or cream is marketed either in bulk or package. However, this section shall not apply to milk or cream used upon the farm or in the household where produced.
(b) The increase in the maximum authorized assessment rate to be charged producers on milk and cream provided for in this section shall not become effective until approved by fifty-one percent of the producers voting in a referendum conducted by the commission.
The referendum for approval of any increase in the maximum authorized assessment rate provided for in this section shall be by secret mail ballot furnished to all producers paying assessments to the commission. The commission shall furnish ballots to producers at least ten days in advance of the day it has set for concluding the referendum and counting the ballots. Any interested producer may be present at such time the commission counts the ballots.
[ 2002 c 313 s 95; 1985 c 261 s 18; 1973 1st ex.s. c 41 s 1; 1969 c 60 s 1; 1965 ex.s. c 44 s 1; 1961 c 11 s 15.44.080. Prior: 1959 c 163 s 11; prior: 1949 c 185 s 1, part; 1939 c 219 s 9, part; Rem. Supp. 1949 s 6266-9, part.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Assessments on milk and cream—Amounts—Increases—Producer referendum.


title: RCW 15.44.085

text:
There is hereby levied on every hundredweight of class I or class II milk, as defined in RCW 15.44.087, sold by a dealer, including any milk sold by a producer who acts as a dealer, an assessment of:
(1) Five-eighths of one cent per hundredweight. Such assessment shall be in addition to the producer assessment paid by any producer who also acts as a dealer.
(2) Any additional assessment, within the power and duty of the commission to levy, such that the total assessment shall not exceed one cent per hundredweight, as required to effectuate the purpose of this section.
Such assessment may be increased by approval of dealers and producers who also act as dealers, subject to the standards set forth in chapter 15.44 RCW for increasing or decreasing assessments. The funds derived from such assessment shall be used for educational programs and the sum of such funds derived annually from said dealers and producers who act as dealers shall be matched by assessments derived from producers for the purpose of funding the educational purposes by an amount not less than the moneys collected from dealers and producers who act as dealers.
[ 2002 c 313 s 96; 1979 ex.s. c 238 s 5; 1975 1st ex.s. c 136 s 5.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1979 ex.s. c 238: See note following RCW 15.44.010.

catchline: Assessments on class I or class II milk.


title: RCW 15.44.087

text:
For the purpose of RCW 15.44.085, class I and class II milk sold means milk from cows produced by a producer as defined in RCW 15.44.010 and utilized as follows:
(1) Class I milk shall be all skim milk and butterfat:
(a) Sold in the form of fluid milk product subject to the following limitations and exceptions:
(i) Any products fortified with added nonfat milk solids shall be class I in an amount equal only to the weight of an equal volume of like unmodified product of the same butterfat content.
(ii) Fluid milk products in concentrated form shall be class I in an amount equal to the skim milk and butterfat used to produce the quantity of such products sold.
(iii) Products classified as class II pursuant to subsection (2) of this section are excepted.
(b) Packaged fluid milk products in inventory at the end of the month.
(2) Class II milk shall be all skim milk and butterfat:
(a) Used to produce ice cream, ice cream mix, frozen desserts, aerated cream products, plastic cream, soured cream dressing, yogurt, eggnog, cottage cheese, pot cheese, bakers cheese, cream cheese, neufchatel cheese, or starter; or
(b) Any milk or milk product, sterilized and either (i) packaged in hermetically sealed metal, plastic, foil, paper, or glass containers and used to produce condensed milk and condensed skim milk, or (ii) in fluid milk products disposed of in bulk to commercial food processing establishments or producer milk sold to a commercial food processing establishment.
[ 1979 ex.s. c 238 s 6; 1975 1st ex.s. c 136 s 6.]
Notes:
Severability—1979 ex.s. c 238: See note following RCW 15.44.010.

catchline: Class I and class II milk defined.


title: RCW 15.44.090

text:
All assessments shall be collected by the first dealer and deducted from the amount due the producer, and all moneys so collected shall be paid to the treasurer of the commission on or before the twentieth day of the succeeding month for the previous month's collections, and deposited by him or her in banks designated by the commission to the credit of the commission fund. If a dealer or a producer who acts as a dealer fails to remit any assessments, or fails to make deductions for assessments, such sum shall, in addition to penalties provided in this chapter, be a lien on any property owned by him or her, and shall be reported to the county auditor by the commission, supported by proper and conclusive evidence, and collected in the manner and with the same priority over other creditors as prescribed for the collection of delinquent taxes.
[ 2010 c 8 s 6060; 1979 ex.s. c 238 s 7; 1975 1st ex.s. c 136 s 4; 1961 c 11 s 15.44.090. Prior: 1959 c 163 s 12; prior: 1949 c 185 s 1, part; 1939 c 219 s 9, part; Rem. Supp. 1949 s 6266-9, part.]
Notes:
Severability—1979 ex.s. c 238: See note following RCW 15.44.010.

catchline: Collection of assessments—Lien.


title: RCW 15.44.100

text:
Each dealer or shipper shall keep a complete and accurate record of all milk or cream handled by him or her. The record shall be in such form and contain such information as the commission shall prescribe, and shall be preserved for a period of two years, and be submitted for inspection at any time upon request of the commission or its agent.
[ 2010 c 8 s 6061; 1961 c 11 s 15.44.100. Prior: 1959 c 163 s 14; 1939 c 219 s 10; RRS s 6266-10.]

catchline: Records of dealers, shippers—Preservation—Inspection.


title: RCW 15.44.110

text:
(1) Each dealer and shipper shall at such times as by rule required file with the commission a return under oath on forms to be furnished by the commission, stating the quantity of dairy products handled, processed, manufactured, delivered, and shipped, and the quantity of all milk and cream delivered to or purchased by such person from the various producers of dairy products or their agents in the state during the period or periods prescribed by the commission.
(2) The commission has the authority to issue subpoenas for the production of books, records, documents, and other writings of any kind and may issue subpoenas to witnesses to give testimony.
[ 2002 c 313 s 97; 1961 c 11 s 15.44.110. Prior: 1959 c 163 s 15; 1939 c 219 s 11; RRS s 6266-11.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Reports of dealers and shippers to commission—Subpoenas.


title: RCW 15.44.130

text:
(1) In order to adequately advertise and market Washington dairy products in the domestic, national and foreign markets, and to make such advertising and marketing research and development as extensive as public interest and necessity require, and to put into force and effect the policy of this chapter 15.44 RCW, the commission shall provide for and conduct a comprehensive and extensive research, advertising and educational campaign, and keep such research, advertising and education as continuous as the production, sales, and market conditions reasonably require.
(2) The commission shall investigate and ascertain the needs of dairy products and producers, the conditions of the markets, and the extent to which public convenience and necessity require advertising and research to be conducted.
(3)(a) The commission may decrease or increase the current level of assessment provided for in RCW 15.44.080 following a hearing conducted in accordance with the Administrative Procedure Act, chapter 34.05 RCW: PROVIDED, That the current level of assessment established in this manner shall not exceed the maximum authorized assessment rate established by producers in the most recent referendum.
(b) Upon receipt of a petition bearing the names of twenty percent of the producers requesting a reduction in the current level of assessment, the commission shall hold a hearing in accordance with chapter 34.05 RCW to receive producer testimony. After considering the testimony of the producer, the commission may adjust the current level of assessment.
[ 1985 c 261 s 19; 1969 c 60 s 2; 1961 c 11 s 15.44.130. Prior: 1959 c 163 s 17; 1949 c 185 s 2; 1939 c 219 s 13; Rem. Supp. 1949 s 6266-13.]

catchline: Research, advertising, educational campaign—Increase or decrease of assessments—Procedure.


title: RCW 15.44.133

text:
The commission is authorized to adopt rules governing promotional hosting expenditures by commission employees, agents, or board members under RCW 15.04.200.
[ 2002 c 313 s 99.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Promotional hosting expenditures—Rules.


title: RCW 15.44.140

text:
(1) The commission through its agents may inspect the premises and records of any carrier, handler, dealer, manufacturer, processor, or distributor of dairy products for the purpose of enforcing this chapter.
(2) The commission has the authority to issue subpoenas for the production of books, records, documents, and other writings of any kind for any carrier, handler, dealer, manufacturer, processor, or distributor of dairy products for the purpose of enforcing this chapter.
[ 2002 c 313 s 98; 1961 c 11 s 15.44.140. Prior: 1939 c 219 s 19; RRS s 6266-19.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Authority to inspect premises and records—Subpoenas.


title: RCW 15.44.150

text:
Any action by the commission administrator, member, employee, or agent thereof pertaining to the performance or nonperformance or misperformance of any matters or things authorized, required, or permitted by this chapter, and any other liabilities, debts, or claims against the commission shall be enforced in the same manner as if the commission were a corporation. No liability for the debts or actions of the commission shall exist against the state of Washington or any subdivision or instrumentality thereof. Liability for the debts or actions of the commission's administrator, member, employee, or agent incurred in their official capacity under this chapter does not exist either against the administrator, members, employees, and agents in their individual capacity or the state of Washington. The administrator, its members, and its agents and employees are not responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime.
All persons employed or contracting under this chapter shall be limited to, and all salaries, expenses, and liabilities incurred by the commission shall be payable only from the funds collected under this chapter.
[ 2003 c 396 s 32; 2002 c 313 s 102; 1961 c 11 s 15.44.150. Prior: 1939 c 219 s 7; RRS s 6266-7.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Action against commission enforced as if a corporation—Liability—Limitations.


title: RCW 15.44.160

text:
All state and county law enforcement officers and all employees and agents of the department shall enforce this chapter.
[ 1961 c 11 s 15.44.160. Prior: 1939 c 219 s 16; RRS s 6266-16.]

catchline: Enforcement of chapter.


title: RCW 15.44.170

text:
Whoever violates or aids in the violation of the provisions of this chapter shall be guilty of a gross misdemeanor.
[ 1961 c 11 s 15.44.170. Prior: 1939 c 219 s 14; RRS s 6266-14.]

catchline: Penalty.


title: RCW 15.44.180

text:
The superior courts are hereby vested with jurisdiction to enforce this chapter and to prevent and restrain violations thereof.
[ 1961 c 11 s 15.44.180. Prior: 1939 c 219 s 15; RRS s 6266-15.]

catchline: Jurisdiction of courts.


title: RCW 15.44.185

text:
(1) Under RCW 42.56.380, certain agricultural business records, commission records, and department of agriculture records relating to the commission and producers of agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records submitted to either the department or the commission for the purpose of administering this chapter may be shared between the department and the commission. They may also be used, if required, in any suit or administrative hearing involving any provision of this chapter or a marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of persons subject to this chapter as long as the statements do not identify the information furnished by any person; or
(b) The publication by the director or the commission of the name of any person violating this chapter and a statement of the manner of the violation by that person.
[ 2005 c 274 s 214; 2002 c 313 s 69.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

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


title: RCW 15.44.190

text:
The director may provide by rule for a method to fund staff support for all commodity boards and commissions in accordance with RCW 43.23.033 if a position is not directly funded by the legislature and costs related to the specific activity undertaken on behalf of an individual commodity board or commission. The commission shall provide funds to the department according to the rules adopted by the director.
[ 2002 c 313 s 75.]
Notes:
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Funding staff support—Rules.


title: RCW 15.44.195

text:
The costs incurred by the department of agriculture associated with the implementation of RCW 15.44.061 shall be paid for by the commission.
[ 2003 c 396 s 31.]
Notes:
Effective date—2003 c 396: See note following RCW 15.66.030.

catchline: Costs of implementing RCW 15.44.061.


title: RCW 15.44.910

text:
This chapter shall be liberally construed.
[ 1961 c 11 s 15.44.910. Prior: 1939 c 219 s 17, part; RRS s 6266-17, part.]

catchline: Liberal construction.


title: RCW 15.48.270

text:
As used in this chapter:
(1) "Seed bailment contract" means any bailment contract for the increase of agricultural seeds where the bailor retains title to seed, seed stock, plant life and the seed crop resulting therefrom.
(2) "Bailee" is any tenant farmer or landowner or both, who, for an agreed compensation agrees to plant agricultural seeds furnished by the bailor and to care for, cultivate, harvest and deliver to the bailor the seed resulting therefrom.
(3) "Bailor" is any seed contractor who delivers agricultural seed to a bailee under the terms of a seed bailment contract which requires the bailee to plant, care for, cultivate, harvest and deliver the resultant seed crop to the bailor and requires the bailor to pay the bailee the amount of compensation agreed upon in the contract for the bailees' services in producing the seed.
[ 1967 c 114 s 14.]
Notes:
Emergency—Effective date—1967 c 114: See note following RCW 62A.4-406.

catchline: Definitions.


title: RCW 15.48.280

text:
Seed bailment contracts for the increase of agricultural seeds shall not create a security interest under the terms of the Uniform Commercial Code, chapter 62A.9A RCW. No filing, recording, or notice of a seed bailment contract shall be required under any of the laws of the state to establish, during the term of a seed bailment contract the validity of any such contracts, nor to establish and confirm in the bailor the title to all seed, seed stock, plant life and the resulting seed crop thereof grown or produced by the bailee under the terms of a bailment contract.
[ 2011 c 103 s 4; 1967 c 114 s 15.]
Notes:
Purpose—2011 c 103: See note following RCW 15.26.120.
Emergency—Effective date—1967 c 114: See note following RCW 62A.4-406.

catchline: Security interest not created by contract—Filing, recording or notice of contract not required to establish validity of contract or title in bailor.


title: RCW 15.48.290

text:
All payments of money required by the terms of a seed bailment contract to be made by a bailor to a bailee shall be subject to security interests perfected as required by *chapter 62A.9 RCW, as amended, and all agricultural liens provided for and perfected in accordance with Title 60 RCW.
[ 1967 c 114 s 16.]
Notes:
*Reviser's note: Chapter 62A.9 RCW was repealed in its entirety by 2000 c 250 s 9A-901, effective July 1, 2001. For later enactment, see chapter 62A.9A RCW.
Emergency—Effective date—1967 c 114: See note following RCW 62A.4-406.

catchline: Payments required to be made by bailor to bailee subject to security interests and agricultural liens.


title: RCW 15.49.005

text:
The purpose of this chapter is to provide uniformity and consistency in the packaging of agricultural, vegetable, and flower seeds so as to facilitate the interstate movement of seed, to protect consumers, and to provide a dispute-resolution process. The department of agriculture is hereby authorized to adopt rules in accordance with chapter 34.05 RCW to implement this chapter. To the extent possible, the department shall seek to incorporate into the rules provisions from the recommended uniform state seed law in order to attain consistency with other states.
[ 1989 c 354 s 70.]
Notes:
Effective date—1989 c 354 ss 70-81 and 84-86: "Sections 70 through 81 and 84 through 86 of this act shall take effect January 1, 1990." [ 1989 c 354 s 88.]
Severability—1989 c 354: See note following RCW 15.36.012.

catchline: Purpose—Rules.


title: RCW 15.49.011

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Advertisement" means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this chapter.
(2) "Agricultural seed" includes grass, forage, cereal, oil, fiber, and other kinds of crop seeds commonly recognized within this state as agricultural seeds, lawn seeds, and combinations of such seeds, and may include common and restricted noxious weed seeds but not prohibited noxious weed seeds.
(3) "Blend" means seed consisting of more than one variety of a kind, each in excess of five percent by weight of the whole.
(4) "Bulk seed" means seed distributed in a nonpackage form.
(5) "Business licensing system" means the mechanism established by chapter 19.02 RCW by which business licenses, endorsed for individual state-issued licenses, are issued and renewed using a business license application and a business license expiration date common to each renewable license endorsement.
(6) "Certifying agency" means (a) an agency authorized under the laws of any state, territory, or possession to certify seed officially and which has standards and procedures approved by the United States secretary of agriculture to assure the genetic purity and identity of the seed certified; or (b) an agency of a foreign country determined by the United States secretary of agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed-certifying agencies under (a) of this subsection.
(7) "Coated seed" means seed that has been treated and has received an application of inert material during the treatment process.
(8) "Conditioning" means drying, cleaning, scarifying, and other operations that could change the purity or germination of the seed and require the seed lot to be retested to determine the label information.
(9) "Dealer" means any person who distributes.
(10) "Department" means the department of agriculture of the state of Washington or its duly authorized representative.
(11) "Director" means the director of the department of agriculture.
(12) "Distribute" means to import, consign, offer for sale, hold for sale, sell, barter, or otherwise supply seed in this state.
(13) "Flower seeds" includes seeds of herbaceous plants grown from their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold under the name of flower seeds in this state.
(14) The terms "foundation seed," "registered seed," and "certified seed" mean seed that has been produced and labeled in compliance with the regulations of the department.
(15) "Germination" means the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions.
(16) "Hard seeds" means seeds that remain hard at the end of the prescribed test period because they have not absorbed water due to an impermeable seed coat.
(17) "Hybrid" means the first generation seed of a cross produced by controlling the pollination and by combining (a) two or more inbred lines; (b) one inbred or a single cross with an open pollinated variety; or (c) two varieties or species, except open-pollinated varieties of corn (Zea mays). The second generation or subsequent generations from such crosses are not regarded as hybrids. Hybrid designations must be treated as variety names.
(18) "Inert matter" means all matter not seed, that includes broken seeds, sterile florets, chaff, fungus bodies, and stones as determined by methods defined by rule.
(19) "Inoculant" means a commercial preparation containing nitrogen fixing bacteria applied to the seed.
(20) "Kind" means one or more related species or subspecies that singly or collectively is known by one common name, for example, corn, oats, alfalfa, and timothy.
(21) "Label" includes a tag or other device attached to or written, stamped, or printed on any container or accompanying any lot of bulk seeds purporting to set forth the information required on the seed label by this chapter, and it may include any other information relating to the labeled seed.
(22) "Lot" means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors that appear in the labeling.
(23) "Lot number" must identify the producer or dealer and year of production or the year distributed for each lot of seed. This requirement may be satisfied by use of a conditioner's or dealer's code.
(24) "Mixture," "mix," or "mixed" means seed consisting of more than one kind, each in excess of five percent by weight of the whole.
(25) "Official sample" means any sample of seed taken and designated as official by the department.
(26) "Other crop seed" means seed of plants grown as crops, other than the kind or variety included in the pure seed, as determined by methods defined by rule.
(27) "Person" means an individual, partnership, corporation, company, association, receiver, trustee, or agent.
(28) "Prohibited (primary) noxious weed seeds" are the seeds of weeds which when established are highly destructive, competitive, and/or difficult to control by cultural or chemical practices.
(29) "Pure live seed" means the product of the percent of germination plus hard or dormant seed multiplied by the percent of pure seed divided by one hundred. The result is expressed as a whole number.
(30) "Pure seed" means seed exclusive of inert matter and all other seeds not of the seed being considered as determined by methods defined by rule.
(31) "Restricted (secondary) noxious weed seeds" are the seeds of weeds which are objectionable in fields, lawns, and gardens of this state, but which can be controlled by cultural or chemical practices.
(32) "Retail" means to distribute to the ultimate consumer.
(33) "Screenings" mean chaff, seed, weed seed, inert matter, and other materials removed from seed in cleaning or conditioning.
(34) "Seed labeling registrant" means a person who has obtained a permit to label seed for distribution in this state.
(35) "Seeds" mean agricultural or vegetable seeds or other seeds as determined by rules adopted by the department.
(36) "Stop sale, use, or removal order" means an administrative order restraining the sale, use, disposition, and movement of a specific amount of seed.
(37) "Treated" means that the seed has received an application of a substance, or that it has been subjected to a process for which a claim is made.
(38) "Type" means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions.
(39) "Variety" means a subdivision of a kind that is distinct, uniform, and stable; "distinct" in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; "uniform" in the sense that variations in essential and distinctive characteristics are describable; and "stable" in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties.
(40) "Vegetable seeds" includes the seeds of those crops that are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this state.
(41) "Weed seeds" include the seeds of all plants generally recognized as weeds within this state, and includes the seeds of prohibited and restricted noxious weeds as determined by regulations adopted by the department.
[ 2013 c 144 s 5; 1989 c 354 s 73.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—1989 c 354 ss 70-81 and 84-86: See note following RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.


title: RCW 15.49.021

text:
(1) The department shall establish by rule standards and label requirements for the following seed types: Agricultural seed (including grass, lawn, and turf seed), flower seed, and vegetable seed.
(2) The standards and label requirements shall be divided into the following categories:
(a) Percentage of kind and variety of each seed component present; and
(b) Percentage of weed seed (restricted and common).
(3) The standards and label requirements developed by the department shall at a minimum include:
(a) Amount of inert material;
(b) Specifics and warning for treated seed;
(c) Specifics for coated seed;
(d) Specifics and duration for inoculated seed;
(e) Specifics for seed which is below standard;
(f) Specifics for seed contained in containers, mats, tapes, or other planting devices;
(g) Specifics for seed sold in bulk;
(h) Specifics for hybrid seed; and
(i) Specifics for seed mixtures.
[ 1989 c 354 s 71.]
Notes:
Effective date—1989 c 354 ss 70-81 and 84-86: See note following RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.

catchline: Standards and label requirements—Rules.


title: RCW 15.49.031

text:
In addition to the requirements contained in RCW 15.49.021, each seed label shall contain the following:
(1) The name and address of the person who labeled the seed and who sells, offers, or exposes the seed for sale within the state;
(2) Lot number identification;
(3) Seed origin;
(4) Germination rate and date of germination test or the year for which the seed was packaged for sale.
[ 1989 c 354 s 72.]
Notes:
Effective date—1989 c 354 ss 70-81 and 84-86: See note following RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.

catchline: Labels—Required information.


title: RCW 15.49.041

text:
Every person who fails to comply with this chapter or the rules adopted under it may be subjected to a civil penalty, as determined by the director, in an amount of not more than two thousand dollars for every such violation. Each and every such violation shall be a separate and distinct offense.
[ 1989 c 354 s 74.]
Notes:
Effective date—1989 c 354 ss 70-81 and 84-86: See note following RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.

catchline: Violations—Civil penalty.