RCW 20.01.370
Commission merchants—Recordkeeping.
Every commission merchant taking control of any agricultural products for sale as such commission merchant, shall promptly make and keep for a period of three years, beginning on the day the sale of the product is complete, a correct record showing in detail the following with reference to the handling, sale, or storage of such agricultural products:
(1) The name and address of the consignor.
(2) The date received.
(3) The quality and quantity delivered by the consignor, and where applicable the dockage, tare, grade, size, net weight, or quantity.
(4) An accounting of all sales, including dates, terms of sales, quality and quantity of agricultural products sold, and proof of payments received on behalf of the consignor.
(5) The terms of payment to the producer.
(6) An itemized statement of the charges to be paid by consignor in connection with the sale.
(7) The names and addresses of all purchasers if said commission merchant has any financial interest in the business of said purchasers, or if said purchasers have any financial interest in the business of said commission merchant, directly or indirectly, as holder of the other's corporate stock, as copartner, as lender or borrower of money to or from the other, or otherwise. Such interest shall be noted in said records following the name of any such purchaser.
(8) A lot number or other identifying mark for each consignment, which number or mark shall appear on all sales tags and other essential records needed to show what the agricultural products actually sold for.
(9) Any claim or claims which have been or may be filed by the commission merchant against any person for overcharges or for damages resulting from the injury or deterioration of such agricultural products by the act, neglect or failure of such person and such records shall be open to the inspection of the director and the consignor of agricultural products for whom such claim or claims are made.
Before a commission merchant may handle an agricultural product in a pooling arrangement or accounting, the consignor must have agreed in writing to allow the pooling.
Where a pooling arrangement is agreed to in writing between the consignor and commission merchant, the reporting requirements of subsections (4), (5), (6), and (8) of this section shall apply to the pool rather than to the individual consignor or consignment and the records of the pool shall be available for inspection by any consignor to that pool.
For individual accounting, the commission merchant shall transmit a copy of the record required by this section to the consignor on the same day the final remittance is made to the consignor as required by RCW 20.01.430. For a consignor who is participating in a pooling arrangement, the commission merchant shall, on the same day final remittance and accounting are made to the consignor as required by RCW 20.01.430, transmit to the consignor a summary of the records which are available for inspection by any consignor to that pool.
[ 1991 c 109 § 20; 1989 c 354 § 41; 1988 c 254 § 18; 1979 ex.s. c 115 § 5; 1977 ex.s. c 304 § 9; 1974 ex.s. c 102 § 6; 1963 c 232 § 3; 1959 c 139 § 37.]
NOTES:
Severability—1989 c 354: See note following RCW 15.36.012.
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.