Revised Code of Washington
Chapter 15.65 - Washington State Agricultural Commodity Boards.
15.65.183 - Termination of marketing order or agreement—Petition—Procedure.

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

The director may terminate a marketing order or agreement in accordance with this chapter.
(1) To terminate a marketing order or agreement:
(a) The director must receive a petition by affected producers under this chapter signed by at least ten percent of the affected producers; or
(b) A majority of a commodity board may file a petition with the director.
(2) The petitioners must include in the petition at the time of filing:
(a) A statement of why the marketing order or agreement and the commodity board created under it no longer meets [meet] the purposes of this chapter;
(b) The name of a person designated to represent the petitioners; and
(c) The effective date of a marketing order or agreement termination, which may not be less than one year from the date the petition was filed with the director.
(3) Within sixty days of receipt of a petition meeting the requirements of this section, the director shall commence rule-making proceedings to repeal the marketing order or agreement and, subsequently, a referendum on the issue.
(4) The director shall include a copy of a petition to terminate a marketing order or agreement with the notice to affected producers when rule-making proceedings are commenced.
(5) If the petitioners fail to meet the requirements of this chapter, the director shall deny the petition and a referendum vote will not be conducted. The person designated to represent the petitioners shall be notified if a petition is denied.

[ 2002 c 313 § 14.]
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.