Revised Code of Washington
Chapter 15.35 - Washington State Milk Pooling Act.
15.35.105 - Minimum milk price—Competition from outside the marketing area.

RCW 15.35.105
Minimum milk price—Competition from outside the marketing area.

(1) In establishing a minimum milk price or a formula to determine a minimum milk price, as provided under RCW 15.35.060 and 15.35.100, the director shall, in addition to other appropriate criteria, consider the:
(a) Cost of producing fluid milk for human consumption;
(b) Transportation costs;
(c) Milk prices in states or regions outside of the state that influence prices within the marketing areas;
(d) Demand for fluid milk for human consumption;
(e) Alternative enterprises available to producers; and
(f) Economic impact on milk dealers.
(2) A milk dealer who believes that actual competition from outside the marketing area is having a significant economic impact on that milk dealer, may petition the director for a public hearing on an expedited basis to consider whether the minimum milk price in the market plan should be changed relative to the milk price to a competitor located outside the state plus transportation costs for that competitor to compete with the petitioning milk dealer.
(a) To be considered, the petition must identify the specific action requested, and must be accompanied by a statement summarizing the facts and evidence that would be provided at a public hearing by or on behalf of the petitioner to support the need for the requested action, including an identification of circumstances that have changed since the last rule-making proceeding at which the minimum price was established.
(b) Within twenty-one days of receiving the petition, the director shall either:
(i) Adopt rules on an emergency basis, in accordance with RCW 34.05.350;
(ii) File, and distribute to all milk dealers and other interested parties, notice that a hearing will be held within sixty days of receiving the petition;
(iii) Advise the petitioner in writing that the request for rule making is denied, and explain the reasons for the denial; or
(iv) Advise the petitioner in writing that the petition provides insufficient information from which to find that rule making should be initiated, and request that the petition be resubmitted with additional information.
(c) Except as otherwise specifically provided in this section, this petition must be handled in accordance with RCW 34.05.330, and the rule-making procedures of chapter 34.05 RCW.
(3) The director may adopt rules of practice or procedure with respect to the proceedings.

[ 1993 c 345 § 7; 1991 c 239 § 7.]

Structure Revised Code of Washington

Revised Code of Washington

Title 15 - Agriculture and Marketing

Chapter 15.35 - Washington State Milk Pooling Act.

15.35.010 - Short title.

15.35.030 - Declaration of public interest.

15.35.060 - Purposes.

15.35.070 - Powers conferred to be liberally construed—Monopoly—Price setting.

15.35.080 - Definitions.

15.35.090 - Milk control between states.

15.35.100 - Director's authority—Subpoena power—Rules.

15.35.105 - Minimum milk price—Competition from outside the marketing area.

15.35.110 - Referendum on establishing or discontinuing market area pooling arrangement.

15.35.115 - Referendum on establishing or discontinuing market area pooling arrangement—Producer-dealers.

15.35.120 - Qualifications for producers to sign petitions or vote in referendums.

15.35.130 - Form of producer petitions.

15.35.140 - Director to establish systems within market areas.

15.35.150 - Determination of quota.

15.35.160 - Contracts, rights and powers of associations not affected.

15.35.170 - Quotas—Transfer of—Limitations.

15.35.180 - Records of milk dealers and cooperatives, inspection and audit of.

15.35.190 - Records necessary for milk dealers.

15.35.200 - Verified reports of milk dealers.

15.35.210 - Milk dealer license—Required.

15.35.220 - Milk dealer license—Application for—Contents.

15.35.230 - Milk dealer license—Fees—Additional assessment for late renewal.

15.35.240 - Milk dealer license—Denial, suspension, or revocation of—Grounds.

15.35.250 - Marketing assessment on producers—Additional assessment for milk testing—Penalty—Court action.

15.35.260 - Records and reports of licensees for assessment purposes.

15.35.270 - Assessment due date.

15.35.280 - Separate account for each marketing plan—Deductions for departmental costs.

15.35.290 - Court actions to implement.

15.35.300 - General penalty—Misdemeanor—Exception.

15.35.310 - Certain producer-dealers exempt.