Revised Code of Washington
Chapter 15.65 - Washington State Agricultural Commodity Boards.
15.65.540 - Jurisdiction of superior courts—Who may bring action.

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

The several superior courts of the state of Washington are hereby vested with jurisdiction:
(1) Specifically to enforce this chapter and the provisions of each and every marketing agreement and order issued pursuant to this chapter and each and every term, condition and provision thereof;
(2) To prevent, restrain, and enjoin pending litigation and thereafter permanently any person from violating this chapter or the provisions of any such agreement or order and each and every term, condition, and provision thereof, regardless of the existence of any other remedy at law;
(3) To require pending litigation and thereafter permanently by mandatory injunction each and every person subject to the provisions of any such agreement or order to carry out and perform the provisions of this chapter an each and every duty imposed upon him or her by such marketing agreement or order.
The director or any administrator or board under any marketing agreement or order, in the name of the state of Washington, or any person affected or regulated by or subject to any marketing order or agreement issued pursuant to this chapter upon joining the director as a party may bring or cause to be brought actions or proceedings for specific performance, restraint, injunction, or mandatory injunction against any person who violates or refuses to perform the obligations or duties imposed upon him or her by this chapter or by any marketing agreement or order issued pursuant to this chapter and said courts shall have jurisdiction of such cause and shall grant such relief upon proof of such violation or threatened violation or refusal.

[ 2010 c 8 § 6090; 1961 c 256 § 54.]

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.