RCW 15.54.450
Noncompliance—Seizure—Disposition—Associated costs.
(1) Any lot of commercial fertilizer not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the department to a court of competent jurisdiction in the area in which the commercial fertilizer is located.
(2) Any commercial fertilizer that is not registered in the state or that fails to meet the Washington standards for total metals is subject to seizure on complaint of the department in the name of the state to Thurston county superior court or other court of competent jurisdiction.
(3) In the event the court finds, upon application by the department under subsection (1) or (2) of this section, that a commercial fertilizer violates this chapter or the rules adopted under it and orders the condemnation of the commercial fertilizer, the commercial fertilizer shall be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of the state: PROVIDED, That in no instance shall the disposition of the commercial fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial fertilizer or for permission to process or relabel the commercial fertilizer to bring it into compliance with this chapter and the rules adopted under it.
(4) All costs associated with disposal are the responsibility of the distributor, owner, or custodian of the commercial fertilizer unless such a distributor, owner, or custodian is the consumer or is a person whose role as a distributor, owner, or custodian of the fertilizer is only that of a transporter of the fertilizer. Such disposal costs shall not be the responsibility of the consumer or such a transporter of the commercial fertilizer.
[ 1999 c 383 § 4; 1967 ex.s. c 22 § 33.]
NOTES:
Effective date—1999 c 383: See note following RCW 15.54.325.
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.