RCW 15.65.050
Director to enforce and administer chapter—Marketing agreements, orders issued, amended, notice, grounds for amendments.
The director shall administer and enforce this chapter and it shall be his or her duty to carry out its provisions and put them into force in accordance with its terms, but issuance, amendment, modification, and/or suspension of marketing agreements and orders and of any terms or provisions thereof shall be accomplished according to the procedures set forth in this chapter and not otherwise. Whenever he or she has reason to believe that the issuance or amendment of a marketing agreement or order will tend to effectuate any declared policy or purpose of this chapter with respect to any agricultural commodity, and in the case of application for issuance or amendment ten or more producers of such commodity apply or when a petition for amendment is submitted by majority vote of a commodity board, then the director shall give due notice of, and an opportunity for, a public hearing upon such issuance or amendment, and the director shall issue marketing agreements and orders containing the provisions specified in this chapter and from time to time amend the same whenever upon compliance with and on the basis of facts adduced in accordance with the procedural requirements of this chapter he or she shall find that such agreement, order, or amendment:
(1) Will tend to effectuate one or more of the declared policies of this chapter and is needed in order to effectuate the same.
(2) Is reasonably adapted to accomplish the purposes and objects for which it is issued and complies with the applicable provisions of this chapter.
(3) Has been approved or favored by the percentages of producers and/or handlers specified in and ascertained in accordance with this chapter.
[ 2002 c 313 § 5; 1961 c 256 § 5.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
Structure Revised Code of Washington
Title 15 - Agriculture and Marketing
Chapter 15.65 - Washington State Agricultural Commodity Boards.
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.
15.65.060 - 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.
15.65.110 - Filing objections to recommended decision—Final decision—Waiver.
15.65.120 - Contents and scope of recommended and final decision—Delivery of copies.
15.65.160 - Ascertainment of required assent percentages.
15.65.170 - Issuance or amendment of marketing order—Assent—Rules.
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.
15.65.230 - 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.
15.65.250 - Nominations for election to commodity board—When only one nominee.
15.65.260 - Election of members of commodity board—Procedure.
15.65.280 - Powers and duties of commodity board—Reservation of power to director.
15.65.287 - Commission's plans, programs, and projects—Director's approval required.
15.65.289 - Commission speaks for state—Director's oversight.
15.65.300 - 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."
15.65.370 - Agreement or order not to prohibit or discriminatorily burden marketing.
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.
15.65.560 - Remedies additional.
15.65.570 - Proceedings subject to administrative procedure act—Exemptions.
15.65.600 - Public interest to be protected—Establishment of prices prohibited.
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.