Revised Code of Washington
Chapter 15.115 - Washington Grain Commission.
15.115.270 - Collection of assessment—Failure to pay assessment—Civil action—Venue.

RCW 15.115.270
Collection of assessment—Failure to pay assessment—Civil action—Venue.

(1) The collection of the assessment made and levied by the commission must be paid by the producer upon all commercial quantities of wheat and all commercial quantities of barley sold, processed, stored, or delivered for sale, processing, or storage by the producer. However, an assessment may not be levied or collected on wheat or barley grown and used by the producer for feed, seed, or personal consumption.
(2) Handlers including warehouse operators, processors, and feedlots receiving wheat or barley in commercial quantities from producers shall collect the assessment made and levied by the commission from each producer whose production they handle and remit the assessment to the commission on a monthly basis. Affected units of wheat or barley must not be transported, carried, shipped, sold, stored, or otherwise handled or disposed of until every due and payable assessment under this chapter has been paid and the receipt issued, but liability under this chapter does not attach to common carriers in the regular course of their business.
(3) Any due and payable assessment levied under this chapter constitutes a personal debt of every person so assessed or who otherwise owes the assessment, and the assessment is due and payable to the commission on a monthly basis. In the event any person fails to pay the full amount of such an assessment, the commission may add to the unpaid assessment an amount not exceeding ten percent of the unpaid assessment to defray the cost of enforcing the collecting of the unpaid assessment. In the event of failure of the person or persons to pay any due and payable assessment, the commission may bring a civil action against the person or persons in a state court of competent jurisdiction for the collection thereof, together with the additional ten percent, and the action must be tried and judgment rendered as in any other cause of action for debt due and payable. Venue for an action against a person owing a due and payable assessment to the commission is in Spokane county or a county in which the person produces or handles wheat or barley.

[ 2011 c 336 § 417; 2009 c 33 § 28.]

Structure Revised Code of Washington

Revised Code of Washington

Title 15 - Agriculture and Marketing

Chapter 15.115 - Washington Grain Commission.

15.115.010 - Legislative declaration.

15.115.020 - Regulations and restraints applicable to the wheat and barley industries.

15.115.030 - Definitions.

15.115.040 - Washington grain commission—Created—Members—Term of office.

15.115.050 - Initial appointments to the Washington grain commission—Expiration of interim terms.

15.115.060 - Producer members of the commission—Appointment—Nomination—Advisory ballot and advisory vote.

15.115.070 - Industry representative member of the commission—Appointment.

15.115.080 - Vacancy on the commission.

15.115.090 - Removal of a commission member.

15.115.100 - Membership in associations with similar objectives—Contracting with such associations.

15.115.110 - Meetings—Proposed budget—Notice—Voting requirements.

15.115.120 - Quorum requirements—Compensation—Travel expenses.

15.115.130 - Transfer of powers, duties, assets, etc., to the Washington grain commission.

15.115.140 - Powers and duties.

15.115.150 - Director's duties.

15.115.160 - Rule-making proceedings.

15.115.170 - Liquor produced from wheat or barley.

15.115.180 - Promotional printing and literature—Contracts.

15.115.190 - Handling, accounting, and disbursement of moneys.

15.115.200 - Bond requirements.

15.115.210 - Limitation of liability.

15.115.220 - Copies of proceedings, records, and acts of the commission admissible in court as prima facie evidence of the truth of the statements contained therein.

15.115.230 - Application of RCW 42.56.380—Use of commercial information and records.

15.115.240 - Commission shall reimburse department for certain costs—Funding of staff support.

15.115.250 - Preparation of lists of producers and handlers of wheat and barley.

15.115.260 - Annual assessments—Adjustments—Referendum—Temporary reduction—Limit on annual assessment.

15.115.270 - Collection of assessment—Failure to pay assessment—Civil action—Venue.

15.115.280 - Use of moneys received by the commission under this chapter.

15.115.290 - Investment of funds of the commission.

15.115.300 - Proof of eligibility to vote or hold a position on the commission—Records—Inspection by commission—Confidentiality of information—Limitation of section.

15.115.310 - Penalties—Injunctions—Referring a violation to the county prosecutor—Jurisdiction.