Revised Code of Washington
Chapter 15.65 - Washington State Agricultural Commodity Boards.
15.65.028 - Regulating agricultural commodities—Existing comprehensive scheme.

RCW 15.65.028
Regulating agricultural commodities—Existing comprehensive scheme.

The history, economy, culture, and the future of Washington state to a large degree all involve agriculture. In order to develop and promote Washington's agricultural products as part of the existing comprehensive scheme to regulate agricultural commodities, the legislature declares:
(1) That the marketing of agricultural products within this state is in the public interest. It is vital to the continued economic well-being of the citizens of this state and their general welfare that its agricultural commodities be properly promoted by (a) enabling producers of agricultural commodities to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standardizing of the commodities they produce and (b) working towards stabilizing the agricultural industry by increasing consumption of agricultural commodities within the state, the nation, and internationally;
(2) That farmers and ranchers operate within a regulatory environment that imposes burdens on them for the benefit of society and the citizens of the state and includes restrictions on marketing autonomy. Those restrictions may impair the agricultural producer's ability to compete in local, domestic, and foreign markets;
(3) That it is now in the overriding public interest that support for the agricultural industry be clearly expressed, that adequate protection be given to agricultural commodities, uses, activities, and operations, and that each agricultural commodity be promoted individually, and as part of a comprehensive industry to:
(a) Enhance the reputation and image of Washington state's agricultural commodities;
(b) Increase the sale and use of Washington state's agricultural commodities in local, domestic, and foreign markets;
(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production of Washington state's agricultural commodities;
(d) Increase the knowledge of the health-giving qualities and dietetic value of Washington state's agricultural commodities and products; and
(e) Support and engage in programs or activities that benefit the planting, production, harvesting, handling, processing, marketing, and uses of agricultural commodities produced in Washington state;
(4) That the director seek to enhance, protect, and perpetuate the ability of the private sector to produce food and fiber, and seek to maintain the economic well-being of the agricultural industry in Washington state consistent with its regulatory activities and responsibilities;
(5) That the director is hereby authorized to implement, administer, and enforce this chapter through the adoption of marketing orders that establish commodity boards; and
(6) That this chapter is enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.

[ 2002 c 313 § 2.]
NOTES:

Effective dates—2002 c 313: See note following RCW 15.65.020.

Structure Revised Code of Washington

Revised Code of Washington

Title 15 - Agriculture and Marketing

Chapter 15.65 - Washington State Agricultural Commodity Boards.

15.65.010 - Short title.

15.65.020 - Definitions.

15.65.028 - Regulating agricultural commodities—Existing comprehensive scheme.

15.65.033 - Regulating agricultural commodities—Laws applicable.

15.65.040 - Establishing a commodity board—Marketing order—Purposes.

15.65.043 - Board may establish foundation.

15.65.047 - Director's duties and responsibilities—Amendments to marketing orders or agreements without a referendum—Rules.

15.65.050 - Director to enforce and administer chapter—Marketing agreements, orders issued, amended, notice, grounds for amendments.

15.65.060 - Form, filing of marketing agreement, order, amendment, and other proceedings.

15.65.070 - Notice of hearing on proposal—Publication—Contents.

15.65.090 - Subpoenas—Compelling attendance of witnesses, fees—Immunity of witnesses.

15.65.100 - Director's findings and recommended decision, delivery of copies—Taking official notice of facts from other agencies.

15.65.110 - Filing objections to recommended decision—Final decision—Waiver.

15.65.120 - Contents and scope of recommended and final decision—Delivery of copies.

15.65.130 - Agreements binding only on those who assent in writing—Agreement not effective until sufficient signatories to effectuate chapter—When effective.

15.65.140 - Minimum assent requirements prerequisite to order or amendment affecting producers or producer marketing.

15.65.150 - Minimum requirements prerequisite to order or amendment assessing handlers—Assent by producers.

15.65.160 - Ascertainment of required assent percentages.

15.65.170 - Issuance or amendment of marketing order—Assent—Rules.

15.65.175 - Issuing, amending, or terminating a marketing order—Limitation on public hearings or referendums.

15.65.180 - Suspension of marketing agreement or order upon advice of commodity board—Certain prerequisites waived.

15.65.183 - Termination of marketing order or agreement—Petition—Procedure.

15.65.185 - Referendum prior to termination of a marketing order or agreement—Procedure—Exceptions.

15.65.190 - Termination of agreement or order on assent of producers—Procedure.

15.65.193 - When marketing order or agreement is terminated—Duties of affected commodity board.

15.65.200 - Lists of affected parties—Information used to establish lists—Purpose and use.

15.65.203 - Certain records exempt from public disclosure—Exceptions—Actions not prohibited by chapter.

15.65.205 - After any vote, referendum, nomination, or election—Affected parties provided results—Disputes.

15.65.210 - Powers and duties of director with respect to the administration and enforcement of agreements and orders—Administrator—Personnel.

15.65.220 - Commodity boards—Membership—Marketing agreement or order to establish and control—Director votes.

15.65.230 - Qualifications of members of commodity boards.

15.65.235 - Producer-handlers as producers for membership purposes—Exception.

15.65.240 - Terms of members of commodity boards—Elections or appointment.

15.65.243 - When director appoints majority of the board—Nominations—Advisory vote—Notice—Director selects either of two candidates receiving the most votes.

15.65.250 - Nominations for election to commodity board—When only one nominee.

15.65.260 - Election of members of commodity board—Procedure.

15.65.270 - Vacancies, quorum, compensation, travel expenses of commodity board members and employees.

15.65.280 - Powers and duties of commodity board—Reservation of power to director.

15.65.283 - Members may belong to association with same objectives—Contracts with other associations authorized.

15.65.285 - Restrictive provisions of chapter 43.19 RCW not applicable to promotional printing and literature of commodity boards.

15.65.287 - Commission's plans, programs, and projects—Director's approval required.

15.65.289 - Commission speaks for state—Director's oversight.

15.65.290 - Claims and liabilities, enforcement against organization—Personal liabilities of officials, employees, etc.

15.65.295 - Lists of all affected producers and handlers—Affected parties responsible for accuracy—Use of lists.

15.65.300 - Agreement or order to contain detailed statement of powers and purposes.

15.65.305 - Promotional hosting expenditures—Rules.

15.65.310 - Advertising, sale, trade barrier, claim, etc., provisions in agreement or order.

15.65.320 - Agreement and order provisions for research.

15.65.330 - Agreement and order provisions for uniform grades and standards—Enforcement—Rules.

15.65.340 - Agreement and order provisions prohibiting or regulating certain practices.

15.65.350 - Agreement and order to define applicable area—"Production area"—"Marketing area."

15.65.360 - Agreement and order provisions for marketing information, services, verification of grades, standards, sampling, etc.

15.65.370 - Agreement or order not to prohibit or discriminatorily burden marketing.

15.65.375 - Agreement and order provisions—Participation in proceedings concerning regulation of pesticides or agricultural chemicals.

15.65.380 - Additional agreement or order provisions.

15.65.390 - Annual assessment—Limitation generally.

15.65.400 - Rate of assessment.

15.65.410 - Time, place, method for payment and collection of assessments.

15.65.420 - Use of moneys collected—Departmental expenses.

15.65.430 - Refunds of moneys received or collected.

15.65.440 - Assessments personal debt—Additional percentage if not paid—Civil action to collect.

15.65.450 - Deposit to defray department's expenses—Circumstances requiring reimbursement.

15.65.470 - Depositaries for revolving fund—Deposits.

15.65.480 - Separate accounts for each agreement or order—Disbursements.

15.65.490 - Records of financial transactions to be kept by director—Audits.

15.65.500 - Bonds of administrator, board, employee.

15.65.510 - Information and inspections required—Hearings—Confidentiality and disclosures.

15.65.520 - Criminal acts and penalties.

15.65.530 - Civil liability—Use of moneys recovered.

15.65.540 - Jurisdiction of superior courts—Who may bring action.

15.65.550 - Duty of attorney general and prosecuting attorneys—Investigation and hearing by director.

15.65.560 - Remedies additional.

15.65.570 - Proceedings subject to administrative procedure act—Exemptions.

15.65.580 - Director may issue agreement or order similar to license or order issued by United States—Administrator, board.

15.65.590 - Cooperation, joint agreements or orders with other states and United States to achieve uniformity.

15.65.600 - Public interest to be protected—Establishment of prices prohibited.

15.65.620 - Chapter not to affect other laws—Agreements and orders under prior law may be made subject to chapter.

15.65.630 - Application of chapter to canners, freezers, pressers, dehydrators of fruit or vegetables.

15.65.640 - Chapter not to apply to green pea grower or processor.

15.65.650 - Hop commodity board—Powers.

15.65.670 - Costs of implementing RCW 15.65.287.

15.65.680 - Appointment of nonvoting advisory members.

15.65.900 - Savings—1961 c 256.