Revised Code of Washington
Chapter 15.66 - Washington State Agricultural Commodity Commissions.
15.66.090 - After final decision—Assent of affected parties determined by referendum.

RCW 15.66.090
After final decision—Assent of affected parties determined by referendum.

After the director issues his or her final decision approving the issuance, amendment, or termination of a marketing order, the director shall determine by a referendum whether the affected parties or producers assent to the proposed action or not. The director shall conduct the referendum among the affected parties or producers based on the list as provided for in RCW 15.66.060 or 15.66.143, as applicable, and the affected parties or producers shall be deemed to have assented to the proposed issuance or termination order if fifty-one percent or more by number reply to the referendum within the time specified by the director, and if, of those replying, sixty-five percent or more by number and fifty-one percent or more by volume assent to the proposed order. The producers shall be deemed to have assented to the proposed amendment order if sixty percent or more by number and sixty percent or more by volume of those replying assent to the proposed order. The determination by volume shall be made on the basis of volume as determined in the list of affected producers created under provisions of RCW 15.66.060, subject to rules and regulations of the director for such determination. The director shall consider the approval or disapproval of any cooperative marketing association authorized by its producer members to act for them in any such referendum, as being the approval or disapproval of the producers who are members of or stockholders in or under contract with such association of cooperative producers: PROVIDED, That the association shall first determine that a majority of the membership of the association authorize its action concerning the specific marketing order. Results of the referendum shall be mailed to all affected parties in the form of a postcard. If the requisite assent is given, the director shall adopt the order.

[ 2004 c 179 § 3; 2002 c 313 § 47; 1975 1st ex.s. c 7 § 8; 1961 c 11 § 15.66.090. Prior: 1955 c 191 § 9.]
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 15.66 - Washington State Agricultural Commodity Commissions.

15.66.010 - Definitions.

15.66.015 - Regulating agricultural commodities—Existing comprehensive scheme.

15.66.017 - Regulating agricultural commodities—Laws applicable.

15.66.023 - Commission may establish foundation.

15.66.030 - Marketing orders authorized—Purposes.

15.66.040 - Prerequisites to marketing orders—Director's duties.

15.66.050 - Petition for marketing order—Deposit to defray department's expenses—Circumstances requiring reimbursement.

15.66.053 - Proceedings subject to administrative procedure act—Exemptions.

15.66.055 - Director's duties and responsibilities—Rules.

15.66.060 - Lists of affected parties—Notice—Use of lists.

15.66.070 - Petitions for marketing orders—Public hearing—Legal notice.

15.66.080 - Findings, conclusions, and recommended decision of the director—Notification—Final decision.

15.66.090 - After final decision—Assent of affected parties determined by referendum.

15.66.093 - Suspension of marketing order upon request of commodity commission.

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

15.66.100 - Contents of marketing order.

15.66.105 - Certain records exempt from public disclosure—Exemptions—Actions not prohibited by chapter.

15.66.110 - Commodity commission—Composition—Terms.

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

15.66.120 - Commodity commission—Nominations—Elections—Vacancies.

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

15.66.130 - Commodity commission—Meetings—Quorum—Compensation—Travel expenses for members and employees.

15.66.140 - Commodity commission—Powers and duties.

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

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

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

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

15.66.150 - Annual assessments—Rate—Collection.

15.66.153 - Promotional hosting expenditures—Rules.

15.66.157 - When commodity commission is terminated—Duties of affected commodity commission.

15.66.160 - Annual assessments—Disposition of revenue.

15.66.170 - Annual assessments—Payments—Civil action to enforce.

15.66.180 - Expenditure of funds collected.

15.66.185 - Investment of agricultural commodity commission funds in savings or time deposits of banks, trust companies, and mutual savings banks.

15.66.190 - Official bonds required.

15.66.200 - Petition for modification or exemption—Hearing—Appeal from ruling.

15.66.210 - Unlawful acts—Penalties—Injunctions—Investigations.

15.66.220 - Compliance with chapter a defense in any action.

15.66.230 - Liability of commission, state, etc.

15.66.240 - Marketing agreements.

15.66.245 - Marketing agreement or order—Authority for participation in proceedings concerning regulation of pesticides or agricultural chemicals.

15.66.250 - Price fixing and product limiting prohibited.

15.66.260 - Costs of conducting nominations and elections—Reimbursement.

15.66.263 - Costs of implementing RCW 15.66.141.

15.66.270 - Exempt commissions—Marketing agreements and orders.

15.66.275 - Applicability of chapter to state agencies or other governmental units.

15.66.280 - Restrictive provisions of chapter 43.19 RCW not applicable to promotional printing and literature of commissions.

15.66.900 - Short title.