Revised Code of Washington
Chapter 15.65 - Washington State Agricultural Commodity Boards.
15.65.280 - Powers and duties of commodity board—Reservation of power to director.

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

The powers and duties of the board shall be:
(1) To elect a chair and such other officers as it deems advisable;
(2) To advise and counsel the director with respect to the administration and conduct of such marketing agreement or order;
(3) To recommend to the director administrative rules and orders and amendments thereto for the exercise of his or her powers in connection with such agreement or order;
(4) To advise the director upon all assessments provided pursuant to the terms of such agreement or order and upon the collection, deposit, withdrawal, disbursement and paying out of all moneys;
(5) To assist the director in the collection of such necessary information and data as the director may deem necessary in the proper administration of this chapter;
(6) To administer the order or agreement as its administrative board if the director designates it so to do in such order or agreement;
(7) To work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes provided in the board's marketing order or agreement;
(8) To enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local, to carry out the purposes provided in the board's marketing order or agreement. Personal service contracts must comply with *chapter 39.29 RCW;
(9) To accept and expend or retain any gifts, bequests, contributions, or grants from private persons or private and public agencies to carry out the purposes provided in the board's marketing order or agreement;
(10) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of a board. The retention of a private attorney is subject to review by the office of the attorney general;
(11) To engage in appropriate fund-raising activities for the purpose of supporting activities of the board authorized by the marketing order or agreement;
(12) To enter into contracts or agreements for research in the production, irrigation, processing, transportation, marketing, use, or distribution of an affected commodity;
(13) To participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, irrigation, manufacture, regulation, transportation, distribution, sale, or use of affected commodities including activities authorized under RCW 42.17A.635, including the reporting of those activities to the public disclosure commission;
(14) To maintain a list of the names and addresses of affected producers that may be compiled from information used to collect assessments under the marketing order or agreement, and data on the value of each producer's production for a minimum three-year period;
(15) To maintain a list of the names and addresses of persons who handle the affected commodity within the affected area and data on the amount and value of the commodity handled for a minimum three-year period by each person; and
(16) To perform such other duties as the director may prescribe in the marketing agreement or order.
Any agreement or order under which the commodity board administers the order or agreement shall (if so requested by the affected producers within the affected area in the proposal or promulgation hearing) contain provisions whereby the director reserves the power to approve or disapprove every order, rule or directive issued by the board, in which event such approval or disapproval shall be based on whether or not the director believes the board's action has been carried out in conformance with the purposes of this chapter.

[ 2011 c 103 § 14; 2011 c 60 § 1; 2010 c 8 § 6075; 2002 c 313 § 29; 2001 c 315 § 6; 1985 c 261 § 11; 1961 c 256 § 28.]
NOTES:

Reviser's note: *(1) Chapter 39.29 RCW was repealed by 2012 c 224 § 29, effective January 1, 2013. See chapter 39.26 RCW.
(2) This section was amended by 2011 c 60 § 1 and by 2011 c 103 § 14, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).


Purpose—2011 c 103: See note following RCW 15.26.120.


Effective date—2011 c 60: See RCW 42.17A.919.


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.