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Chapter 15.65 RCW

WASHINGTON STATE AGRICULTURAL COMMODITY BOARDS
(Formerly Washington state agricultural enabling act of 1961 —
Commodity boards)

RCW Sections

15.65.010Short title.
15.65.020Definitions.
15.65.028Regulating agricultural commodities -- Existing comprehensive scheme.
15.65.033Regulating agricultural commodities -- Laws applicable.
15.65.040Establishing a commodity board -- Marketing order -- Purposes.
15.65.043Board may establish foundation.
15.65.047Director's duties and responsibilities -- Amendments to marketing orders or agreements without a referendum -- Rules.
15.65.050Director to enforce and administer chapter -- Marketing agreements, orders issued, amended, notice, grounds for amendments.
15.65.060Form, filing of marketing agreement, order, amendment, and other proceedings.
15.65.070Notice of hearing on proposal -- Publication -- Contents.
15.65.090Subpoenas -- Compelling attendance of witnesses, fees -- Immunity of witnesses.
15.65.100Director's findings and recommended decision, delivery of copies -- Taking official notice of facts from other agencies.
15.65.110Filing objections to recommended decision -- Final decision -- Waiver.
15.65.120Contents and scope of recommended and final decision -- Delivery of copies.
15.65.130Agreements binding only on those who assent in writing -- Agreement not effective until sufficient signatories to effectuate chapter -- When effective.
15.65.140Minimum assent requirements prerequisite to order or amendment affecting producers or producer marketing.
15.65.150Minimum requirements prerequisite to order or amendment assessing handlers -- Assent by producers.
15.65.160Ascertainment of required assent percentages.
15.65.170Issuance or amendment of marketing order -- Assent -- Rules.
15.65.175Issuing, amending, or terminating a marketing order -- Limitation on public hearings or referendums.
15.65.180Suspension of marketing agreement or order upon advice of commodity board -- Certain prerequisites waived.
15.65.183Termination of marketing order or agreement -- Petition -- Procedure.
15.65.185Referendum prior to termination of a marketing order or agreement -- Procedure -- Exceptions.
15.65.190Termination of agreement or order on assent of producers -- Procedure.
15.65.193When marketing order or agreement is terminated -- Duties of affected commodity board.
15.65.200Lists of affected parties -- Information used to establish lists -- Purpose and use.
15.65.203Certain records exempt from public disclosure -- Exceptions -- Actions not prohibited by chapter.
15.65.205After any vote, referendum, nomination, or election -- Affected parties provided results -- Disputes.
15.65.210Powers and duties of director with respect to the administration and enforcement of agreements and orders -- Administrator -- Personnel.
15.65.220Commodity boards -- Membership -- Marketing agreement or order to establish and control -- Director votes.
15.65.230Qualifications of members of commodity boards.
15.65.235Producer-handlers as producers for membership purposes -- Exception.
15.65.240Terms of members of commodity boards -- Elections or appointment.
15.65.243When director appoints majority of the board -- Nominations -- Advisory vote -- Notice -- Director selects either of two candidates receiving the most votes.
15.65.250Nominations for election to commodity board -- When only one nominee.
15.65.260Election of members of commodity board -- Procedure.
15.65.270Vacancies, quorum, compensation, travel expenses of commodity board members and employees.
15.65.280Powers and duties of commodity board -- Reservation of power to director.
15.65.283Members may belong to association with same objectives -- Contracts with other associations authorized.
15.65.285Restrictive provisions of chapter 43.78 RCW not applicable to promotional printing and literature of commodity boards.
15.65.287Commission's plans, programs, and projects -- Director's approval required.
15.65.289Commission speaks for state -- Director's oversight.
15.65.290Claims and liabilities, enforcement against organization -- Personal liabilities of officials, employees, etc.
15.65.295Lists of all affected producers and handlers -- Affected parties responsible for accuracy -- Use of lists.
15.65.300Agreement or order to contain detailed statement of powers and purposes.
15.65.305Promotional hosting expenditures -- Rules.
15.65.310Advertising, sale, trade barrier, claim, etc., provisions in agreement or order.
15.65.320Agreement and order provisions for research.
15.65.330Agreement and order provisions for uniform grades and standards -- Enforcement -- Rules.
15.65.340Agreement and order provisions prohibiting or regulating certain practices.
15.65.350Agreement and order to define applicable area -- "Production area" -- "Marketing area."
15.65.360Agreement and order provisions for marketing information, services, verification of grades, standards, sampling, etc.
15.65.370Agreement or order not to prohibit or discriminatorily burden marketing.
15.65.375Agreement and order provisions -- Participation in proceedings concerning regulation of pesticides or agricultural chemicals.
15.65.380Additional agreement or order provisions.
15.65.390Annual assessment -- Limitation generally.
15.65.400Rate of assessment.
15.65.410Time, place, method for payment and collection of assessments.
15.65.420Use of moneys collected -- Departmental expenses.
15.65.430Refunds of moneys received or collected.
15.65.440Assessments personal debt -- Additional percentage if not paid -- Civil action to collect.
15.65.450Deposit to defray department's expenses -- Circumstances requiring reimbursement.
15.65.470Depositaries for revolving fund -- Deposits.
15.65.480Separate accounts for each agreement or order -- Disbursements.
15.65.490Records of financial transactions to be kept by director -- Audits.
15.65.500Bonds of administrator, board, employee.
15.65.510Information and inspections required -- Hearings -- Confidentiality and disclosures.
15.65.520Criminal acts and penalties.
15.65.530Civil liability -- Use of moneys recovered.
15.65.540Jurisdiction of superior courts -- Who may bring action.
15.65.550Duty of attorney general and prosecuting attorneys -- Investigation and hearing by director.
15.65.560Remedies additional.
15.65.570Proceedings subject to administrative procedure act -- Exemptions.
15.65.580Director may issue agreement or order similar to license or order issued by United States -- Administrator, board.
15.65.590Cooperation, joint agreements or orders with other states and United States to achieve uniformity.
15.65.600Public interest to be protected -- Establishment of prices prohibited.
15.65.620Chapter not to affect other laws -- Agreements and orders under prior law may be made subject to chapter.
15.65.630Application of chapter to canners, freezers, pressers, dehydrators of fruit or vegetables.
15.65.640Chapter not to apply to green pea grower or processor.
15.65.650Hop commodity board -- Powers.
15.65.670Costs of implementing RCW 15.65.287.
15.65.680Appointment of nonvoting advisory members.
15.65.900Savings -- 1961 c 256.
15.65.910Severability -- 1961 c 256.

Notes:

Agricultural processing and marketing associations: Chapter 24.34 RCW.

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