RCW 20.01.030
Exemptions.
This chapter does not apply to:
(1) Any cooperative marketing associations or federations incorporated under, or whose articles of incorporation and bylaws are equivalent to, the requirements of chapter 23.86 RCW, except as to that portion of the activities of the association or federation that involve the handling or dealing in the agricultural products of nonmembers of the organization: PROVIDED, That the associations or federations may purchase up to fifteen percent of their gross from nonmembers for the purpose of filling orders: PROVIDED FURTHER, That if the cooperative or association acts as a processor as defined in RCW 20.01.500(2) and markets the processed agricultural crops on behalf of the grower or its own behalf, the association or federation is subject to the provisions of RCW 20.01.500 through 20.01.560 and the license provision of this chapter excluding bonding provisions: PROVIDED FURTHER, That none of the foregoing exemptions in this subsection apply to any such cooperative or federation dealing in or handling grain in any manner, and not licensed under the provisions of chapter 22.09 RCW;
(2) Any person who sells exclusively his or her own agricultural products as the producer thereof;
(3) Any public livestock market operating under a bond required by law or a bond required by the United States to secure the performance of the public livestock market's obligation. However, any such market operating as a livestock dealer or order buyer, or both, is subject to all provisions of this chapter except for the payment of the license fee required in RCW 20.01.040;
(4) Any retail merchant having a bona fide fixed or permanent place of business in this state, but only for the retail merchant's retail business conducted at such fixed or established place of business;
(5) Any person buying farm products for his or her own use or consumption;
(6) Any warehouse operator or grain dealer licensed under the state grain warehouse act, chapter 22.09 RCW, with respect to his or her handling of any agricultural product as defined under that chapter;
(7) Any nursery dealer who is required to be licensed under the horticultural laws of the state with respect to his or her operations as such licensee;
(8) Any person licensed under the now existing dairy laws of the state with respect to his or her operations as such licensee;
(9) Any producer who purchases less than fifteen percent of his or her volume to complete orders;
(10) Any person, association, or corporation regulated under chapter 67.16 RCW and the rules adopted thereunder while performing acts regulated by that chapter and the rules adopted thereunder;
(11) Any domestic winery, as defined in RCW 66.04.010, licensed under Title 66 RCW, with respect to its transactions involving agricultural products used by the domestic winery in making wine;
(12) Any person licensed as a cannabis producer or processor under RCW 69.50.325 with respect to the operations under such license. The definitions in RCW 69.50.101 apply to this subsection (12).
[ 2022 c 16 § 24; 2014 c 140 § 35; 2013 c 23 § 38; 2011 c 336 § 570; 1993 c 104 § 1. Prior: 1989 c 354 § 38; 1989 c 307 § 37; 1988 c 254 § 10; 1983 c 305 § 2; 1982 c 194 § 2; 1981 c 296 § 31; 1979 ex.s. c 115 § 2; 1977 ex.s. c 304 § 2; 1975 1st ex.s. c 7 § 18; 1971 ex.s. c 182 § 2; 1969 ex.s. c 132 § 1; 1967 c 240 § 41; 1959 c 139 § 3.]
NOTES:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Severability—1989 c 354: See note following RCW 15.36.012.
Legislative finding—1989 c 307: See note following RCW 23.86.007.
Application—1989 c 307: See RCW 23.86.900.
Severability—1983 c 305: See note following RCW 20.01.010.
Severability—1981 c 296: See note following RCW 15.08.010.
Structure Revised Code of Washington
Title 20 - Commission Merchants—Agricultural Products
Chapter 20.01 - Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents.
20.01.020 - Rules and regulations—Enforcement of chapter—Interference prohibited.
20.01.038 - License required of persons dealing in livestock, hay, grain, or straw.
20.01.040 - License—Generally.
20.01.060 - Licensee in one class may obtain license in another—Additional fee.
20.01.070 - Application for license—Contents.
20.01.080 - Commission merchant's schedule of commissions and charges—Changes, posting.
20.01.086 - Waiver of reporting, accounting, and recordkeeping requirements prohibited.
20.01.090 - Agent to disclose principal licensee and his endorsement.
20.01.110 - Publication of list of licensees and rules—Posting license.
20.01.120 - Vehicle license plates.
20.01.125 - Hay or straw—Certified vehicle tare and load weights—Violations.
20.01.130 - Disposition of moneys.
20.01.140 - Change in organization of firm to be reported.
20.01.150 - Denial, suspension, revocation of licenses, probationary orders—Authority.
20.01.160 - Denial, suspension, revocation of licenses, probationary orders—Procedure.
20.01.200 - Denial, suspension, revocation of licenses, probationary orders—Appellate review.
20.01.205 - License suspension—Noncompliance with support order—Reissuance.
20.01.210 - Commission merchants, dealers—Bonds.
20.01.211 - Alternative bonding provision for certain dealers.
20.01.212 - Livestock dealers bonded under federal law.
20.01.214 - Appeal from rejected bond claim.
20.01.220 - Action on bond for fraud.
20.01.230 - Action on bond for failure to comply with chapter.
20.01.240 - Claims against commission merchant, dealer.
20.01.250 - Failure of consignor to file claim, time limitation.
20.01.260 - Director not liable if circumstances prevent ascertainment of creditors—Demand on bond.
20.01.270 - Demand on bond after claims ascertained—Power of director to settle, compromise.
20.01.280 - Action on bond after refusal to pay—New bond, failure to file.
20.01.300 - Verified complaints of consignor—Investigations.
20.01.310 - Oaths, testimony, witnesses, subpoenas—Contempt proceedings—Records as evidence.
20.01.320 - Investigations, examinations, inspections—Search warrants—Subpoenas.
20.01.330 - Denial, revocation, suspension, or condition of licenses, probationary orders—Grounds.
20.01.360 - Order of revocation, suspension.
20.01.370 - Commission merchants—Recordkeeping.
20.01.385 - Failure to comply—Construction of transaction.
20.01.390 - When dealer must pay for products delivered to him or her.
20.01.400 - Broker's memorandum of sale.
20.01.410 - Manifest of cargo—Bill of lading.
20.01.420 - Commission merchant's report of sale to consignor.
20.01.430 - Commission merchant's remittance to consignor.
20.01.460 - Prohibited acts—Penalties.
20.01.465 - Time of sale requirement—Unlawful practice.
20.01.470 - Action to enjoin violation of chapter.
20.01.480 - Violations resulting in improper or nonpayment—Charges.
20.01.482 - Civil infractions—Notice—Misdemeanors.
20.01.484 - Civil infractions—Response to notice.
20.01.486 - Civil infractions—Hearing to contest charge—Order—Appeal.
20.01.488 - Civil infractions—Informal hearing on mitigating circumstances—Order—No appeal.
20.01.490 - Civil infractions—Monetary penalty—Failure to pay, misdemeanor.
20.01.500 - "Grower," "processor" defined—Application of exemption contained in RCW 20.01.030(1).
20.01.510 - Processor's form showing maximum processing capacity.
20.01.520 - Processor to have grower contracts and commitments on file.
20.01.530 - Grower may file form showing crops processor is committed to purchase.
20.01.540 - Committing to purchase more crops than plants can process—Violation.
20.01.550 - Discrimination by processor.
20.01.560 - Effective date of RCW 20.01.500 through 20.01.550.
20.01.570 - Cash or other security in lieu of surety bond.
20.01.610 - Authority to stop vehicle violating chapter—Failure to stop, civil infraction.
20.01.900 - Chapter cumulative and nonexclusive.