RCW 20.01.385
Failure to comply—Construction of transaction.
Whenever a commission merchant or dealer handling any agricultural products fails to carry out the provisions of RCW 20.01.370 as now or hereafter amended or RCW 20.01.380, whichever is applicable, it shall be prima facie evidence that the transaction involving the handling of any agricultural products between the consignor and the commission merchant or dealer was either a commission type transaction, or dealer transaction constituting an outright sale by the consignor, whichever is most favorable to the consignor. Such determination in favor of the consignor shall be based on the market price of the agricultural product in question at the time the complaint is filed against said commission merchant or dealer by the consignor: PROVIDED, That if the return to the consignor is determined most favorably on a commission basis, the total commission shall not exceed ten percent, and all other charges for handling the agricultural product in question shall be figured on the basis of the actual cost of said handling.
[ 1977 ex.s. c 304 § 10; 1974 ex.s. c 102 § 7; 1967 c 240 § 42.]
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.