Revised Code of Washington
Chapter 15.66 - Washington State Agricultural Commodity Commissions.
15.66.140 - Commodity commission—Powers and duties.

RCW 15.66.140
Commodity commission—Powers and duties.

Every commodity commission shall have such powers and duties in accordance with provisions of this chapter as may be provided in the marketing order and shall have the following powers and duties:
(1) To elect a chair and such other officers as determined advisable;
(2) To adopt, rescind, and amend rules and regulations reasonably necessary for the administration and operation of the commission and the enforcement of its duties under the marketing order;
(3) To administer, enforce, direct and control the provisions of the marketing order and of this chapter relating thereto;
(4) To employ and discharge at its discretion such administrators and additional personnel, attorneys, advertising and research agencies and other persons and firms that it may deem appropriate and pay compensation to the same;
(5) To acquire personal property and purchase or lease office space and other necessary real property and transfer and convey the same;
(6) To institute and maintain in its own name any and all legal actions, including actions by injunction, mandatory injunction or civil recovery, or proceedings before administrative tribunals or other governmental authorities necessary to carry out the provisions of this chapter and of the marketing order;
(7) To keep accurate records of all its receipts and disbursements, which records shall be open to inspection and audit by the state auditor or private auditor designated by the state auditor at least every five years;
(8) Borrow money and incur indebtedness;
(9) Make necessary disbursements for routine operating expenses;
(10) To expend funds for commodity-related education, training, and leadership programs as each commission deems expedient;
(11) To work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes provided in the commission's marketing order;
(12) 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 commission's marketing order. Personal service contracts must comply with *chapter 39.29 RCW;
(13) 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 commission's marketing order;
(14) To enter into contracts or agreements for research in the production, irrigation, processing, transportation, marketing, use, or distribution of an affected commodity;
(15) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of a commission. The retention of a private attorney is subject to review by the office of the attorney general;
(16) To engage in appropriate fund-raising activities for the purpose of supporting activities of the commission authorized by the marketing order;
(17) 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;
(18) To maintain a list of the names and addresses of affected producers that may be compiled from information used to collect assessments under the provisions of the marketing order and data on the value of each producer's production for a minimum three-year period;
(19) 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;
(20) To request records and audit the records of producers or handlers of the affected commodity during normal business hours to determine whether the appropriate assessment has been paid;
(21) To acquire or own intellectual property rights, licenses, or patents and to collect royalties resulting from commission-funded research related to the affected commodity; and
(22) Such other powers and duties that are necessary to carry out the purposes of this chapter.

[ 2011 c 103 § 15; 2011 c 60 § 2; 2003 c 396 § 2; 2002 c 313 § 57; 2001 c 315 § 3; 1985 c 261 § 20; 1982 c 81 § 2; 1961 c 11 § 15.66.140. Prior: 1955 c 191 § 14.]
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 § 2 and by 2011 c 103 § 15, 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 date—2003 c 396: See note following RCW 15.66.030.


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.