RCW 15.36.455
Violations—Notice, orders, damages.
(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 § 6.]
NOTES:
Findings—2006 c 157: See note following RCW 15.36.012.
Structure Revised Code of Washington
Title 15 - Agriculture and Marketing
Chapter 15.36 - Milk and Milk Products.
15.36.025 - Application of chapter 34.05 RCW.
15.36.041 - Milk producer's license.
15.36.051 - Milk processing plant license—Fee waiver.
15.36.071 - Milk hauler's license—Endorsements.
15.36.081 - Dairy technician's license—Application—Renewal—Fees.
15.36.091 - Dairy technician's license—Records—Inspection of.
15.36.101 - Milk wash station license.
15.36.111 - Inspection of dairy farms and milk processing plants—Violations—Director's access.
15.36.131 - Sale of out-of-state grade A milk and milk products.
15.36.141 - Grading of milk and milk products.
15.36.161 - Cows, goats, and other mammals—Animal health requirements.
15.36.171 - Grades of milk and milk products that may be sold.
15.36.191 - Milk or milk product analysis—Report of violative results.
15.36.201 - Examination of milk and milk products—Violations—Director's options—Penalty.
15.36.206 - Source of milk and milk products—Seller's disclosure.
15.36.221 - Grade A raw milk—Cooling.
15.36.231 - Raw milk or milk products—Bottling and capping—Packaging—Labeling.
15.36.241 - Capping of milk or milk products.
15.36.261 - Butter or cheese—Pasteurization of milk or cream.
15.36.271 - "Pasteurized"—Use of word regulated.
15.36.281 - Unlawful use of containers—Seizure authorized.
15.36.401 - Licenses—Denial, suspension, revocation—Reasons.
15.36.412 - Issuance of cease and desist order.
15.36.421 - Milk processing plant or producer—License suspension.
15.36.451 - Regrading of milk or milk products—Reinstatement of license.
15.36.454 - Failure to comply with chapter or rules—Civil penalties.
15.36.455 - Violations—Notice, orders, damages.
15.36.473 - Failure to comply with chapter or rules—Criminal penalties.
15.36.475 - Laboratory tests—Admission as evidence.
15.36.481 - Violations may be enjoined.
15.36.491 - Licenses—Money deposited in the agricultural local fund.
15.36.525 - Sanitary certificates—Rules—Fee for issuance.
15.36.531 - Declaration of police power.
15.36.541 - Chapter cumulative.
15.36.551 - Dairy inspection program—Assessment.
15.36.561 - Dairy inspection program—Advisory committee—Purpose—Terms.
15.36.571 - Department authorized to assess inspection fee on certain manufacturing facilities.