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15.09.090 | Hearing on liability of owner for costs or charges—Review. | Any person upon request and pursuant to the rules and regulations of the horticultural pest and disease board shall be entitled to a hearing before the board on any charge or cost for which such person is alleged to be liable under subsection (2) of RCW 15.09.080 . Any determination or final action by the board shall b... |
15.09.100 | Payment of expenses and costs—Penalty—Collection. | Any amount charged to the owner of land in accordance with the provisions of RCW 15.09.080 and 15.09.090 shall be paid by such owner within sixty days of the date in which he or she was billed for such amount. If payment is not made within such sixty day period, the amount of such charge, together with a ten percent pe... |
15.09.110 | Refund of charges paid. | In regard to any charge made pursuant to RCW 15.09.080 , if either the horticultural pest and disease board or the superior court on judicial review disallows such charge, then any amount paid on such charge, together with any interest or penalty, shall be promptly refunded by the county from the county's current expen... |
15.09.120 | Disposition of moneys collected. | Any moneys collected under this chapter shall be placed in the county current expense fund together with any taxes collected pursuant to the provisions of RCW 15.08.260 , as now or hereafter amended.
[ 1969 c 113 s 12 .] |
15.09.131 | Operating budget—Source of funds. | Funding of the operating budget of a horticultural pest and disease board may be derived from any or all of the following: (1) Moneys from the county general fund or other general revenues, as appropriated by the board of county commissioners or other county legislative authority; (2) A horticultural tax, as authorized... |
15.09.135 | Assessment—Public hearing—Rate—County review—Lien. | (1) Prior to the levying of an assessment authorized in RCW 15.09.131 , the horticultural pest and disease board shall hold a public hearing at which it will gather information to serve as a basis for classification and then classify the lands into suitable classification, including but not limited to orchard lands, ra... |
15.09.140 | Abolishment of board. | Upon receipt of a petition signed by twenty-five landowners within the county or on its own motion, the board of county commissioners may abolish the pest and disease board following a hearing and a finding that the purposes of this chapter would not be sufficiently served by the continued existence of such board.
[ 19... |
15.09.900 | Chapter cumulative. | The effects of the provisions of this chapter on the provisions of chapter 15.08 RCW shall be cumulative.
[ 1969 c 113 s 15 .] |
15.13.250 | Definitions.(Effective until July 1, 2030.) | For the purpose of this chapter: (1) "Business licensing system" means the mechanism established by chapter 19.02 RCW by which business licenses, endorsed for individual state-issued licenses, are issued and renewed utilizing a business license application and a business license expiration date common to each renewable... |
15.13.260 | Enforcement—Rules—Scope.(Effective until July 1, 2030.) | The director shall enforce the provisions of this chapter and may adopt any rule necessary to carry out its purpose and provisions including but not limited to the following: (1) The director may adopt rules establishing standards for grades and/or classifications for any horticultural plant. (2) The director shall ado... |
15.13.262 | Application of administrative procedure act. | Chapter 34.05 RCW governs the rights, remedies, and procedures respecting the administration of this chapter, including rule making, assessment of civil penalties, emergency actions, and license suspension, revocation, or denial.
[ 2000 c 144 s 3 .] |
15.13.265 | Enforcement—Access to nursery dealer premises—Inspection.(Effective until July 1, 2030.) | (1) The director may enter and inspect the horticultural facilities of a nursery dealer at reasonable times for the purpose of carrying out the provisions of this chapter. (2) If the director is denied access, the director may apply to a court of competent jurisdiction for a search warrant authorizing access to the pre... |
15.13.270 | Nursery dealer licensing exemptions—Permits for clubs, conservation districts, nonprofit associations, educational organizations.(Effective until July 1, 2030.) | (1) The provisions of this chapter relating to nursery dealer licensing do not apply to: (a) Persons making casual or isolated sales that do not exceed one hundred dollars annually; (b) any garden club, conservation district, or charitable nonprofit association conducting not more than three sales per year for not more... |
15.13.280 | Nursery dealer licenses—Farmers markets—Application—Fees—Expiration—Posting—Audit. | (1) No person may act as a nursery dealer without a license for each place of business where horticultural plants are sold except as provided in RCW 15.13.270 . Any person applying for such a license must apply through the business licensing system. The application must be accompanied by the appropriate fee. The direct... |
15.13.285 | Nursery dealer licenses—Fee surcharge. | The director may, with the advice of the nursery advisory committee, establish by rule a surcharge to the fee for a nursery dealer license. The surcharge shall not exceed twenty percent of the license fee and shall be paid at the same time that the license fee is paid. Moneys collected from the surcharge shall be depos... |
15.13.290 | Nursery dealer licenses—Additional charge for late renewal. | If any application for renewal of a nursery dealer license is not filed prior to the business license expiration date, the business license delinquency fee must be assessed under chapter 19.02 RCW and must be paid by the applicant before the renewal license is issued.
[ 2013 c 144 s 4 ; 2000 c 144 s 8 ; 1982 c 182 s 21... |
15.13.300 | Nursery dealer licenses—Application—Contents. | Application for a license shall include: (1) The full name of the person applying for the license and if the applicant is an individual, receiver, trustee, firm, partnership, association, or corporation, the full name of each member of the firm or partnership, or the names of the officers of the association or corporat... |
15.13.310 | Assessment on gross sale price of wholesale market value of certain horticultural plants—Method for determining—Due date—Gross sale period—Audit. | (1) An annual assessment shall be levied on the gross sale price of the wholesale market value for all horticultural plants of the genera Chaenomeles, Cydonia, Crataegus, Malus, Prunus, Pyrus, Sorbus, and Vitis produced in Washington, and sold within the state or shipped from the state by any licensed nursery dealer du... |
15.13.311 | Christmas tree grower exemptions—License—Fees.(Expires July 1, 2030.) | (1) Any Christmas tree grower owning Christmas trees, whose business consists solely of retail sales to the ultimate consumer, is exempt from the requirements of this section if: (a) The grower has less than one acre of Christmas trees; or (b) The grower harvests, by u-cut or otherwise, fewer than four hundred Christma... |
15.13.312 | Christmas tree grower license—Application.(Expires July 1, 2030.) | Application for a Christmas tree grower license shall include: (1) The full name of the person applying for the license, whether the applicant is an individual, receiver, trustee, firm, partnership, association, or corporation, and if the applicant is a firm or partnership the full name of each member of the firm or pa... |
15.13.314 | Christmas tree program—Advisory committee.(Expires July 1, 2030.) | (1) An advisory committee is established to advise the director in the administration of the Christmas tree program. (2) When appointing this committee, the director shall consider names submitted by Christmas tree growers and by established Christmas tree grower associations having members in the state. (3) The commit... |
15.13.315 | Grapevine certification and nursery improvement program—Advisory committee. | An advisory committee is established to advise the director in the administration of the grapevine certification and nursery improvement program. (1) The committee consists of two grapevine nursery dealers; three grape growers, at least two of whom grow wine grapes; one winery representative; a university researcher; a... |
15.13.320 | Fruit tree certification and nursery improvement program—Advisory committee. | An advisory committee is hereby established to advise the director in the administration of the fruit tree certification and nursery improvement program. (1) The committee shall consist of five fruit tree nursery dealers and the director or the director's designated appointee. (2) When appointing this committee, the di... |
15.13.335 | Nursery advisory committee—Members—Terms. | A nursery advisory committee is hereby established to advise the director in the administration of this chapter. (1) The committee shall consist of not less than four members, representing the interests of licensed nursery dealers and the nursery industry, appointed by the director in consultation with the following pe... |
15.13.340 | Late fee on delinquent assessments.(Effective until July 1, 2030.) | (1) A late fee of twenty percent of the amount due shall be levied on all delinquent assessments for each license period the assessment is delinquent. (2) The director shall not issue a nursery dealer license or Christmas tree grower license to any applicant who has failed to pay any assessment due under the provisions... |
15.13.360 | Hearings—Subpoenas. | The director may issue subpoenas to compel the attendance of witnesses and/or production of books, documents, and records for purposes of investigating compliance with this chapter or for any hearing under this chapter.
[ 2000 c 144 s 14 ; 1971 ex.s. c 33 s 12 .] |
15.13.370 | Request by licensee for inspector's services during shipping season—Certificate of inspection—Other requests for inspection and/or certification services—Fees.(Effective until July 1, 2030.) | (1) Any person licensed under the provisions of this chapter may request the services of a department inspector at the licensee's place of business or point of shipment during the shipping season. Subsequent to inspection the inspector shall issue to the licensee a certificate of inspection signed by the inspector cove... |
15.13.380 | Inspection fees—When due and payable—Arrears. | (1) The inspection fees provided for in this chapter shall become due and payable upon billing by the department. (2) A late charge of one and one-half percent per month shall be assessed on the unpaid balance against persons more than thirty days in arrears. (3) In addition to any other penalties, the director may ref... |
15.13.390 | Unlawful selling, shipment, or transport of horticultural plants or Christmas trees within state, when.(Effective until July 1, 2030.) | It is unlawful for any person to sell, ship, or transport any horticultural plant or Christmas tree in this state unless it meets standards established in rule for freedom from infestation by plant pests and the other requirements of this chapter.
[ 2007 c 335 s 11 ; 2000 c 144 s 17 ; 1993 c 120 s 9 ; 1971 ex.s. c 33 s... |
15.13.400 | Unlawful shipment or delivery of horticultural plants into state, when—Certificate and inspection requirements—Christmas trees—Rules—Hearing.(Effective until July 1, 2030.) | (1) It is unlawful for any person to ship or deliver any horticultural plant into this state unless it is accompanied by an inspection certificate from the state or country of origin stating that the horticultural plant meets the requirements of this chapter. The director may require the shipper or receiver to file a c... |
15.13.410 | Shipments into state to be marked or tagged. | Each shipment of horticultural plants transported or shipped into the state and/or offered for retail sale within the state shall be legibly marked or tagged in a conspicuous manner. The director may, whenever the director finds that any horticultural plant is not properly marked, order it off sale until it is properly... |
15.13.420 | Unlawful acts enumerated.(Effective until July 1, 2030.) | It is unlawful for any person: (1) To falsely claim to be an agent or representative of any nursery dealer in horticultural plants or Christmas tree grower; (2) To sell or distribute horticultural plants by any method which has the capacity and tendency or effect of deceiving any purchaser or prospective purchaser as t... |
15.13.425 | False advertisements. | No publisher, radio and television broadcast licensee, advertising agency, or agency or medium for the dissemination of an advertisement, except the grower, packer, distributor, or seller of the article to which the advertisement relates, shall be subject to the penalties of RCW 15.13.490 (2) by reason of dissemination... |
15.13.430 | Hold order on damaged, infested, or infected horticultural plants or Christmas trees—Selling or moving unlawful.(Effective until July 1, 2030.) | When the director has cause to believe that any horticultural plants or Christmas trees are damaged or are infested or infected by any plant pest, the director may issue a hold order on such horticultural plants or Christmas trees. A hold order may prescribe conditions under which the damaged, infested, or infected mat... |
15.13.440 | Order of condemnation—Grounds for issuance.(Effective until July 1, 2030.) | The director shall condemn any horticultural plants shipped or sold when such horticultural plants are found to be dead, in a dying condition, seriously broken, diseased or infested to the extent that treatment is not practical, damaged, frozen, or abnormally potbound. The director shall condemn any Christmas trees shi... |
15.13.445 | Order or action of director—Hearing opportunity. | Upon issuance of an order or upon action by the director under RCW 15.13.400 , 15.13.410 , 15.13.430 , or 15.13.440 , the consignor of the plant material may request a hearing under chapter 34.05 RCW.
[ 2000 c 144 s 24 ; 1993 c 120 s 16 .] |
15.13.447 | Prohibition on recovery of damages. | No state court shall allow the recovery of damages from administrative action, hold order, or condemnation order if the court finds there was probable cause for the action.
[ 2000 c 144 s 25 .] |
15.13.450 | Injunction to prevent violations. | The director may bring an action to enjoin the violation of any provision of this chapter or any rule adopted under this chapter in the superior court in Thurston county or the county in which the violation occurs, notwithstanding the existence of other remedies at law.
[ 2000 c 144 s 26 ; 1971 ex.s. c 33 s 21 .] |
15.13.455 | Injunction to restrain operation as nursery dealer or Christmas tree grower without valid license—Costs, attorneys' fees, and expenses.(Effective until July 1, 2030.) | (1) The director may apply to the superior court of Thurston county for a prompt hearing on, and the court shall have jurisdiction upon, and for cause shown the court shall, without proof that an adequate remedy at law does not exist, grant an injunction restraining any person from operating as a nursery dealer or Chri... |
15.13.470 | Disposition of moneys collected under chapter—Expenditure.(Effective until July 1, 2030.) | (1) Except as provided in RCW 15.13.285 and in subsections (2), (3), and (4) of this section, all moneys collected under this chapter shall be paid to the director, deposited in an account within the agricultural local fund, and used solely for carrying out this chapter. No appropriation is required for the disbursemen... |
15.13.477 | Compliance agreements. | The director may enter into compliance agreements with any person for the purpose of carrying out the provisions of this chapter.
[ 2000 c 144 s 29 .] |
15.13.480 | Cooperative contracts or agreements to further chapter—Agreements to facilitate export. | The director may cooperate with and enter into contracts or agreements with governmental agencies of this state and other states, agencies of the federal government, and any other organization in order to carry out the purpose and provisions of this chapter. The director may enter into agreements with the United States... |
15.13.490 | Compliance with chapter—Violation—Penalties.(Effective until July 1, 2030.) | Any person who fails to comply with this chapter may be subject to: (1) Denial, revocation, or suspension of the person's nursery dealer license or Christmas tree grower license; and/or (2) A civil penalty in an amount of not more than one thousand dollars for each violation. Each violation shall be a separate and dist... |
15.13.500 | Suspension of license—Reissuance.(Expires July 1, 2030.) | The department shall immediately suspend any license issued under this chapter if the holder of the license has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements ... |
15.13.920 | Chapter cumulative and nonexclusive. | The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1971 ex.s. c 33 s 22 .] |
15.14.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of agriculture of the state of Washington. (2) "Director" means the director of the department or the director's designee. (3) "Person" means an individual, firm, partnershi... |
15.14.015 | Rules—Scope. | The director may adopt rules necessary to carry out the purpose and provisions of this chapter concerning, but not limited to: (1) Certification of planting stock as to freedom from infection by plant pests, variety, classification, and grade. (2) Establishment of tolerances for planting stock that is diseased, infecte... |
15.14.025 | Certificates—Samples for inspection and testing—Publish information—Notify purchasers of results. | The director may: (1) Issue certificates stating that planting stock found by the director or other authorized person to be in compliance with rules adopted under this chapter is foundation, registered, or certified planting stock. (2) Take samples in reasonable amounts as necessary of planting stock to inspect and tes... |
15.14.035 | Inspection of property, premises, or records—Denial of access—Search warrant. | In order to carry out the purposes of this chapter, the director may enter at reasonable times as determined by the director and inspect any property or premises and any records required under this chapter. If the director is denied access to any property, premises, or records, the director may suspend, cancel, or refu... |
15.14.045 | Compliance agreements authorized—Suspension or cancellation—Hearing. | The director may enter into compliance agreements with any grower of foundation, registered, or certified planting stock for the purpose of carrying out the provisions of this chapter. The director may suspend or cancel any compliance agreement for cause. Upon notice by the director to suspend or cancel a compliance ag... |
15.14.050 | Registered, foundation, and breeder planting stock—Availability to producers and commercial growers—Restrictions on use—Fees. | For purposes of maintaining and/or improving the genetic characteristics and freedom from infection by plant pests of any registered, foundation, and breeder planting stock, the director may acquire, propagate, and distribute registered, foundation, and breeder planting stock to producers and commercial growers. The di... |
15.14.065 | Acceptance as certified, registered, foundation, or breeder planting stock. | The director may accept as certified, registered, foundation, or breeder planting stock any planting stock grown or produced by Washington State University, the United States department of agriculture or other propagators whose plant materials are produced in conformance with the requirements of this chapter and rules ... |
15.14.075 | Agreements with Washington State University, governmental entities, and other organizations. | The director may cooperate with and enter into agreements with Washington State University, the United States department of agriculture, other state and federal agencies, and any other organization in order to carry out the purposes and provisions of this chapter.
[ 1999 c 144 s 8 ; 1961 c 83 s 12 . Formerly RCW 15.14.... |
15.14.085 | Acquisition of property—Use of property. | The director may acquire by gift, grant, or endowment from public or private sources, as may be made in trust or otherwise, for the use and benefit of the purposes of this chapter, real property and any other type property, and expend the same or any income therefrom according to the terms of the gift, grant, or endowm... |
15.14.095 | Failure to meet certification requirements—Director's options—Notice—Hearing. | The director may suspend, cancel, or refuse certification or other approval of any planting stock that fails to meet the certification requirements authorized in this chapter. Upon notice by the director to suspend, cancel, or refuse certification or other approval of any planting stock, a person may request a hearing ... |
15.14.105 | Unlawful acts. | It is unlawful for any person to sell, offer for sale, hold for sale, label, identify, represent, or to advertise any planting stock as being certified, registered, foundation, or breeder planting stock unless it complies with the requirements of this chapter and rules adopted under this chapter.
[ 1999 c 144 s 11 ; 19... |
15.14.115 | Injunctions. | The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any rule adopted pursuant to this chapter in the superior court of Thurston county, notwithstanding the existence of other remedies at law.
[ 1961 c 83 s 15 . Formerly RCW 15.14.150 .] |
15.14.125 | Late charge on fee or assessment. | A late charge of one and one-half percent per month shall be assessed on the unpaid balance against persons more than thirty days in arrears for any fee or assessment authorized by this chapter.
[ 1999 c 144 s 12 .] |
15.14.135 | Noncompliance by growers—Director may withhold services. | The director may withhold services to growers of planting stock for refusal to comply with the provisions of this chapter or its rules, for nonpayment of fees and assessment moneys owed to the department by law, or for nonpayment of any assessment moneys due to an agricultural commodity commission.
[ 1999 c 144 s 13 .] |
15.14.145 | Deposit of funds in planting stock certification account—Use. | All the moneys collected under the provisions of this chapter shall be paid to the director and deposited in the planting stock certification account within the agricultural local fund and shall be used only to carry out the purposes and provisions of this chapter.
[ 1999 c 144 s 14 ; 1961 c 83 s 13 . Formerly RCW 15.1... |
15.14.900 | Chapter cumulative and nonexclusive. | The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1961 c 83 s 16 .] |
15.15.005 | Legislative findings. | The legislature finds that the production of high quality certified seed potatoes within the state requires conditions that are as free as possible from insect pests and plant diseases and that ensuring these conditions exist is in the public interest. The legislature further finds that the production of other potatoes... |
15.15.010 | Restricted seed potato production area—Growers' petition—Department of agriculture—Director—Rules. | Growers of seed potatoes, certified in accordance with rules adopted under chapter 15.14 RCW, may submit a petition to the director of the department of agriculture requesting that the director establish a restricted seed potato production area. The petition shall include the proposed geographic boundaries of the restr... |
15.15.020 | Violation or threatened violation of chapter—Action to enjoin. | The director of the department of agriculture may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any rule made pursuant to this chapter in a court of competent jurisdiction of the county in which such violation occurs or is about to occur.
[ 1997 c 176 s 3 .] |
15.17.010 | Purpose. | The purpose of this chapter is to provide for the fair and orderly marketing of fruits and vegetables in the state of Washington by establishing uniform grades and standards and by providing for the inspection of these products. This chapter is vital to protecting the national and international reputation of fruit and ... |
15.17.020 | Definitions. | For the purpose of this chapter: (1) "Agent" means broker, commission merchant, solicitor, seller, or consignor, and any other person acting upon the actual or implied authority of another. (2) "Certification" means, but is not limited to, the issuance by the director of an inspection certificate or other official docu... |
15.17.030 | Enforcement—Director's duties—Rules. | (1) The director shall enforce and carry out the provisions of this chapter and may adopt the necessary rules to carry out its purpose. (2) The director shall, whenever he or she considers the adoption of rules or amendments to existing rules, consult with growers, associations of growers or other industry associations... |
15.17.050 | Rules—Authority of director. | (1) The director shall adopt rules providing standards for apples, apricots, Italian prunes, peaches, sweet cherries, pears, potatoes, and asparagus and may adopt rules providing standards for any other fruit or vegetable. When establishing these standards, the director shall consider the factors of maturity, soundness... |
15.17.060 | Adoption of standards. | The director may adopt any United States or other state's standard for any fruits and vegetables, if that standard is determined by the director to be substantially equivalent to or better than the standard adopted under this chapter.
[ 1998 c 154 s 5 ; 1963 c 122 s 6 .] |
15.17.080 | Fresh fruits—Culls—Basket markings—Designation on bills of lading, invoices, etc. | It is unlawful for any person to sell for fresh consumption any fresh fruits classified as culls under the provisions of this chapter or rules adopted hereunder unless such fruit is packed in one-half bushel or one bushel wooden baskets ring faced, with the fruit in the ring face representative of the size and quality ... |
15.17.090 | Private grades or brands—Approval and registration. | The director may approve and register a private grade or brand for any fruit or vegetable. The private grade or brand shall not be lower than the second grade and/or classification established under the provisions of this chapter or rules adopted under this chapter for the fruit or vegetable.
[ 1998 c 154 s 7 ; 1963 c ... |
15.17.140 | Inspections and certifications—Request for—Fees. | (1) Any person financially interested in any fruits or vegetables in this state may request inspection and/or certification services provided for those fruits or vegetables under this chapter. (2) To facilitate the movement or sale of fruits and vegetables or other agricultural commodities, the director may provide, if... |
15.17.143 | Certificates of compliance—Petition by shipper—Rules. | Any shipper or packer of apples, apricots, cherries, pears, peaches, Italian prunes, potatoes, or asparagus may petition the director for authority to issue certificates of compliance for each season. The director may issue certificate of compliance agreements, granting this authority, on terms and conditions defined b... |
15.17.150 | Inspections and certifications—Fees adopted by rule—Failure to pay. | The director shall adopt rules establishing the necessary fees to recover the costs of providing inspection and/or certification or other requested services. (1) The fees are due and payable upon billing. (2) A late fee of one and one-half percent per month on the unpaid balance shall be assessed against persons more t... |
15.17.170 | Inspection certificate or other official document as evidence. | Every inspection certificate or other official document issued by the director under the provisions of this chapter shall be received in all the courts of the state as prima facie evidence of the statements therein.
[ 1998 c 154 s 11 ; 1963 c 122 s 17 .] |
15.17.190 | Inspections—Right of access—Samples—Denial of access—Search warrants. | The director may enter during business hours and inspect any facility where any fruits or vegetables are processed, stored, packed, delivered for shipment, loaded, shipped, being transported, or sold, and may inspect all fruits or vegetables and the containers and the equipment in that facility. The director may take f... |
15.17.200 | Noncomplying fruits or vegetables—Enforcement procedure—Notice—Hearing. | (1) For the purposes of this section, "lot" means any lot or any part of a lot. (2) When the director determines that any lot of fruits or vegetables fails to comply with the requirements of this chapter, the director may issue a hold order prohibiting the sale or movement of that lot except under conditions that may b... |
15.17.210 | Fruits or vegetables—Unlawful practices when selling, offering for sale, or shipping—Containers—Director's powers—Rules. | It is unlawful: (1) To sell any fruits or vegetables: (a) As meeting the standards for any fruit or vegetable as prescribed by the director unless they in fact do so; (b) For which no standards have been established under this chapter unless ninety percent or more by weight or count, as determined by the director, are ... |
15.17.213 | Exemption of certain fruits or vegetables from chapter. | (1) This chapter does not apply: (a) To the movement in bulk of any fruits or vegetables from the premises where they are grown or produced to a packing shed, warehouse, or processing plant for the purpose of storing, grading, packing, labeling, or processing prior to entering commercial channels for wholesale or retai... |
15.17.240 | Fruit and vegetable inspection account—Fees—Rules. | (1) The fruit and vegetable inspection account is created in the custody of the state treasurer. All fees collected under this chapter must be deposited into the account. The director may authorize expenditures from the account solely for the implementation and enforcement of this chapter and any other expenditures aut... |
15.17.260 | Injunctions. | The director may bring an action to enjoin the violation of any provision of this chapter or rule adopted pursuant to this chapter in the superior court of Thurston county or of any county in which such violation occurs, notwithstanding the existence of other remedies at law.
[ 1998 c 154 s 17 ; 1963 c 122 s 26 .] |
15.17.270 | Cooperation with governmental agencies. | The director may cooperate with and enter into agreements with governmental agencies of this state, other states, and agencies of federal government in order to carry out the purpose and provisions of this chapter.
[ 1963 c 122 s 31 .] |
15.17.290 | Violation of chapter or rules—Suspension—Civil penalty. | Any person who violates this chapter or rules adopted under this chapter may be subject to: (1) Suspension of any compliance agreement under this chapter to which the person is a party for a period not to exceed twelve consecutive months; and/or (2) A civil penalty in an amount of not more than one thousand dollars for... |
15.17.900 | Provisions cumulative and nonexclusive. | The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1963 c 122 s 27 .] |
15.19.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of agriculture of the state of Washington. (2) "Director" means the director of the department or his or her duly authorized representative. (3) "Facility" means, but is not... |
15.19.020 | Enforcement of chapter. | The director shall enforce and carry out the provisions of this chapter and may adopt the necessary rules to carry out its purpose.
[ 1998 c 154 s 22 .] |
15.19.030 | Adoption of rules. | In addition to the powers conferred on the director under this chapter, the director has the power to adopt rules: (1) Establishing certification requirements for American ginseng (Panax quinquefolius L.). Certification factors include: (a) Place of origin; (b) Whether the ginseng is wild or cultivated; (c) Weight; and... |
15.19.040 | Fees established by rule—Deposit—Use—Failure to pay. | (1) The director shall adopt rules establishing fees to recover the costs of providing ginseng certification activities authorized under this chapter. All moneys collected under this chapter shall be paid to the director, deposited in an account within the agricultural local fund, and used solely for carrying out the p... |
15.19.050 | Inspection of facility—Entry—Samples—Search warrant. | The director may enter at reasonable times as determined by the director and inspect any facility and any records required under this chapter. The director may take for inspection those representative samples of ginseng necessary to determine whether or not this chapter or rules adopted under this chapter have been vio... |
15.19.060 | Injunctions. | The director may bring an action to enjoin any violation of this chapter or rule adopted under this chapter in the superior court of Thurston county or of any county in which a violation occurs, notwithstanding the existence of other remedies at law.
[ 1998 c 154 s 26 .] |
15.19.070 | Cooperative agency agreements. | The director may cooperate with and enter into agreements with governmental agencies of this state, other states, and agencies of the federal government in order to carry out the purpose and provisions of this chapter.
[ 1998 c 154 s 27 .] |
15.19.080 | Public disclosure of information—Exemption. | The department shall not disclose information obtained under this chapter regarding the purchases, sales, or production of an individual American ginseng grower or dealer, except for providing reports to the United States fish and wildlife service. This information is exempt from public disclosure required by chapter 4... |
15.19.090 | Violations of chapter or rules—Unlawful. | It is unlawful for a person to sell, offer for sale, hold for sale, or ship or transport American ginseng for foreign export in violation of this chapter or rules adopted under this chapter.
[ 1998 c 154 s 29 .] |
15.19.100 | Violations of chapter or rules—Penalties. | Any person who violates the provisions of this chapter or rules adopted under this chapter may be subject to: (1) A civil penalty in an amount of not more than one thousand dollars for each violation; and/or (2) Denial, revocation, or suspension of any registration or application for registration issued under this chap... |
15.19.110 | Remedies. | The provisions of this chapter are cumulative and nonexclusive and do not affect any other remedy.
[ 1998 c 154 s 31 .] |
15.21.010 | Declaration of purpose. | Limitations or restrictions placed on the buyer by the seller offering fresh fruit for sale as to the amount that such prospective buyer may purchase of the total amount of such fresh fruit owned, possessed or controlled by the seller, may lead to or cause confusion, deceptive trade practices, and interfere with the or... |
15.21.020 | Unlawful practices. | It shall be unlawful to cause a limitation to be placed on the amount of fresh fruit that a purchaser may buy at retail or wholesale when such fresh fruit is offered for sale, through any media, below cost to the seller. The foregoing shall apply to all such fresh fruit offered for sale below cost and owned, possessed ... |
15.21.030 | Cost. | Cost for the purpose of this chapter, shall be that price paid for fresh fruit by the seller or the actual replacement cost for such fresh fruit: PROVIDED, That the delivered invoice price to such seller shall be prima facie evidence of the price paid for such fresh fruit by the seller.
[ 1965 c 61 s 3 .] |
15.21.040 | Combination sales. | When one or more items are offered for sale or sold with one or more items at a combined price, or offered individually or as a package or a unit to be given with the sale of one or more items, each and all such items shall for the purpose of this chapter be deemed to be offered for sale, and as to such transaction the... |
15.21.050 | Injunction. | Any person, prosecuting attorney, or the attorney general may bring an action to enjoin the violation or threatened violation of the provisions of this chapter in the superior court in the county where such violation occurs or is about to occur, notwithstanding the existence of any other remedies at law.
[ 1965 c 61 s ... |
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