RCW 15.54.440
"Stop sale," "stop use," or "withdrawal from distribution" order, when issued—Release—Associated costs.
(1) Commercial fertilizers that are not registered in Washington state or that fail to meet the Washington standards for total metals pose an emergency situation because they may contain certain metals at levels which are harmful to Washington soils and plants and may contain substances which are harmful to the public without its knowledge. Commercial fertilizers that are not registered or that fail to meet the Washington standards for total metals are subject to immediate stop sale, stop use, or withdrawal from distribution in this state and seizure, disposal, or both.
(2) The department may issue and enforce a written "stop sale," "stop use," or "withdrawal from distribution" order to the distributor, owner, or custodian of any lot of commercial fertilizer to hold the commercial fertilizer at a designated place when the department has reasonable cause to believe such fertilizer is being offered or exposed for sale in violation of any of the provisions of this chapter.
(3) The department may issue and enforce a written immediate "stop sale," "stop use," or "withdrawal from distribution" order to any distributor, owner, or custodian of commercial fertilizer in the state for any commercial fertilizer that:
(a) Is not registered in Washington state; or
(b) According to the department, fails to meet the Washington standards for total metals, as established in RCW 15.54.800 or the rules adopted under this chapter.
(4) The department shall release the commercial fertilizer stopped or withdrawn under subsection (2) or (3) of this section when the distributor, owner, or custodian has complied with the provisions of this chapter and the rules adopted under it and the department has issued a written release order. If compliance is not or cannot be obtained, the department may institute proceedings under RCW 15.54.450 or may agree in writing with the distributor, owner, or custodian of the commercial fertilizer to an alternative disposition of the commercial fertilizer.
(5) All costs associated with any "stop sale," "stop use," or "withdrawal from distribution" incurred by the distributor, owner, or custodian of a commercial fertilizer are the responsibility of the distributor, owner, or custodian.
[ 1999 c 383 § 3; 1987 c 45 § 23; 1967 ex.s. c 22 § 32.]
NOTES:
Effective date—1999 c 383: See note following RCW 15.54.325.
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.
Structure Revised Code of Washington
Title 15 - Agriculture and Marketing
Chapter 15.54 - Fertilizers, Minerals, and Limes.
15.54.275 - Bulk fertilizer distribution license—Fee.
15.54.325 - Commercial fertilizer registration—Required for distribution—Application—Fees.
15.54.330 - Commercial fertilizer registration—Application review—Labels and guarantees.
15.54.340 - Labeling requirements.
15.54.362 - Reports—Inspection fees—Late fees—Confidentiality—Penalty—Exception.
15.54.370 - Official samples—Inspection, analysis, testing—Right of entry.
15.54.400 - Restrictions on sale—Minimum percentages.
15.54.430 - Publication of distribution information, analyses results.
15.54.433 - Fertilizer database—Public availability—Biennial report to legislature.
15.54.450 - Noncompliance—Seizure—Disposition—Associated costs.
15.54.460 - Damages from administrative action, stop sales or seizures.
15.54.470 - Violations—Department discretion—Duty of prosecuting attorney—Injunctions.
15.54.474 - Penalty—Failure to comply with chapter or rule.
15.54.480 - Disposition of moneys.
15.54.490 - Cooperation with other entities.
15.54.500 - Turf fertilizer—Prohibitions on application, sales, and retail display.
15.54.800 - Enforcement of chapter—Adoption of rules.
15.54.910 - Prior liability preserved.
15.54.940 - Continuation of rules adopted pursuant to repealed sections.