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15.21.060 | Penalties. | (1) Except as provided in subsection (2) of this section, any person violating the provisions of this chapter is guilty of a misdemeanor. (2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a previous conviction shall be considered a first offense.
[ 2003 c 53 s... |
15.21.070 | Exempt sales. | The provisions of this chapter shall not apply to the following sales at retail or sales at wholesale: (1) When fresh fruit is sold for charitable purposes or to relief agencies; (2) When fresh fruit is sold on contract to departments of the government or governmental institutions; (3) When fresh fruit is sold by any o... |
15.21.900 | Chapter cumulative. | The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1965 c 61 s 8 .] |
15.21.910 | Short title. | This chapter may be cited as the Washington fresh fruit sales limitation act.
[ 1965 c 61 s 9 .] |
15.24.010 | Definitions. | As used in this chapter: (1) "Commission" means the Washington apple commission; (2) "Crop year" means the year in which apples are harvested and is designated for those apples based on the date of harvest regardless of when they are subsequently packed or shipped; (3) "Dealer" means any person who handles, ships, buys... |
15.24.015 | Commission—Purpose. | The commission exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges the commission, with oversight by the director, to speak on behalf of the Washington state government with regard to apples and apple-related issues.
[ 2004 c 178 s 1 .] |
15.24.020 | Commission created—Generally. | There is hereby created a Washington apple commission to be thus known and designated. The commission shall be composed of nine apple growers and four apple dealers. In addition, the director shall be a full voting member of the commission and may in his or her place appoint any other employee of the department of agri... |
15.24.030 | Members—Appointment—Terms—District representation—Meetings. | Thirteen persons, not including the director or the director's representative, with the qualifications stated in RCW 15.24.020 shall be members of the commission. Nine of the members shall be grower members, and four shall be dealer members. The number of grower members to be appointed from each grower district shall b... |
15.24.035 | Members—Appointments by director—Meeting to nominate candidates—Advisory ballot. | (1) The director shall appoint the members of the commission. (2) Except as provided in RCW 15.24.050 , before the expiration of a commission member's term, the commission shall call a meeting of apple growers and dealers for the purpose of nominating candidates whose names will be forwarded to the director for conside... |
15.24.045 | Members—Removal from commission—Process. | If a commission member fails or refuses to perform his or her duties due to excessive absence or abandonment of his or her position or engages in any acts of dishonesty or willful misconduct, the commission may recommend to the director that the commission member be removed from his or her position on the commission. U... |
15.24.050 | Vacancies—Quorum—Compensation—Travel expenses. | In the event a position becomes vacant due to resignation, disqualification, death, or for any other reason, such position shall be filled for the balance of the unexpired term by appointment by the director from at least two nominees submitted by the remaining members of the commission. A majority of the voting member... |
15.24.065 | Plans, programs, and projects—Approval by director. | (1) The commission shall develop and submit to the director for approval any plans, programs, and projects concerning the following: (a) The establishment, issuance, effectuation, and administration of appropriate programs or projects within the commission's powers and duties; (b) The establishment and effectuation of ... |
15.24.070 | Powers and duties—Agency of state government. | The Washington apple commission is hereby declared and created an agency of the Washington state government. The powers and duties of the commission shall include the following: (1) To elect a chair and such other officers as it deems advisable; and to adopt, rescind, and amend rules and orders for the exercise of its ... |
15.24.073 | Rule-making proceedings—Exemptions. | All rule-making proceedings conducted under this chapter must be in accordance with chapter 34.05 RCW except that rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310 , 43.135.055 , and the provisions of chapter 19.85 RCW, the regulatory fairness act, when the proposed rule... |
15.24.080 | Research, advertising, and educational campaign—Beneficial purposes. | In order to benefit the people of this state, the state's economy and its general tax revenues, the commission shall provide for and conduct a comprehensive and extensive research, advertising, and educational campaign as continuous as the crop, sales, and market conditions reasonably require. It shall investigate and ... |
15.24.090 | Assessment—Modification process—Referendum. | (1) There is hereby levied annually upon all fresh apples grown in this state, and all apples packed as Washington apples, including fresh sliced, an assessment of eight and seventy-five one-hundredths cents per one hundred pounds of apples, based on net shipping weight, or reasonable equivalent net product assessment ... |
15.24.100 | Procedure for eliminating assessment. | (1) A petition may be filed with the commission to reduce the assessment authorized in RCW 15.24.090 to zero. To be valid, the petition must be signed by at least eight percent of all apple growers eligible to vote in commission referendum elections. The petition shall contain the name of a person designated to represe... |
15.24.110 | Collection of assessments—Rule-making authority—Assessment imposed under RCW15.26.120. | The assessments on fresh apples shall be paid, or provision made therefor satisfactory to the commission, at the time of shipment, and no fresh apples shall be carried, transported, or shipped by any person or by any carrier, railroad, truck, boat, or other conveyance until the assessment has been paid or provision mad... |
15.24.120 | Records kept by dealers, handlers, processors. | Each dealer, handler, and processor shall keep a complete and accurate record of all apples handled, shipped, or processed by him or her. This record shall be in such form and contain such information as the commission may by rule or regulation prescribe, and shall be preserved for a period of two prior crop years, and... |
15.24.130 | Returns rendered by dealers, handlers, processors. | Each dealer, handler, and processor shall at such times as the commission may by rule or regulation require, file with the commission a return under oath on forms to be furnished by the commission, stating the quantity of apples handled, shipped, or processed by him or her during the period prescribed by the commission... |
15.24.140 | Right to inspect. | The commission may inspect the premises and records of any carrier, handler, dealer, or processor for the purpose of enforcing this chapter and the collection of the excise tax.
[ 1961 c 11 s 15.24.140 . Prior: 1937 c 195 s 19 ; RRS s 2874-19.] |
15.24.150 | Treasurer—Bond—Duties—Funds. | The commission shall appoint a treasurer who shall file with it a fidelity bond executed by a surety company authorized to do business in this state, in favor of the commission and the state, in the penal sum of fifty thousand dollars, conditioned upon the faithful performance of his or her duties and strict accounting... |
15.24.160 | Promotional plans—Purpose—Authority of commission—Limitation on liability. | To maintain and complement the existing comprehensive regulatory scheme, the commission may employ, designate as agent, act in concert with, and enter into contracts with any person, council, or commission, including but not limited to the director, state agencies such as the Washington state fruit commission and its s... |
15.24.180 | Enforcement. | All county and state law enforcement officers and all employees and agents of the department shall enforce this chapter.
[ 1961 c 11 s 15.24.180 . Prior: 1937 c 195 s 16 ; RRS s 2874-16.] |
15.24.190 | Claims enforceable against commission assets—Nonliability of other persons and entities—Exception—Application of chapter4.92RCW. | Obligations incurred by the commission and any other liabilities or claims against the commission shall be enforced only against the assets of the commission, and, except to the extent of such assets, no liability for the debts or actions of the commission exists against either the state of Washington or any subdivisio... |
15.24.200 | Penalties. | (1) Any person who violates or aids in the violation of any provision of this chapter is guilty of a gross misdemeanor. (2) Any person who violates or aids in the violation of any rule or regulation of the commission is guilty of a misdemeanor.
[ 2003 c 53 s 104 ; 1961 c 11 s 15.24.200 . Prior: 1937 c 195 s 14 ; RRS s ... |
15.24.210 | Prosecutions. | Any prosecution brought under this chapter may be instituted in any county in which the defendant or any defendant resides, or in which the violation was committed, or in which the defendant or any defendant has his or her principal place of business. The superior courts are hereby vested with jurisdiction to enforce t... |
15.24.215 | Funding staff support—Rules. | The director may provide by rule for a method to fund staff support for all commodity boards and commissions in accordance with RCW 43.23.033 if a position is not directly funded by the legislature and costs related to the specific activity undertaken on behalf of an individual commodity board or commission. The commis... |
15.24.900 | Purpose of chapter—Regulation of apples and apple products—Existing comprehensive scheme—Applicable laws. | (1) This chapter is passed: (a) In the exercise of the police power of the state to assure, through this chapter, and other chapters, that the apple industry is highly regulated to protect the public health, to prevent fraudulent practices, to promote the welfare of the state, and to stabilize and protect the apple ind... |
15.24.910 | Liberal construction. | This chapter shall be liberally construed.
[ 1961 c 11 s 15.24.910 . Prior: 1937 c 195 s 17 ; RRS s 2874-17.] |
15.26.010 | Short title. | This chapter shall be known and cited as the "tree fruit research act."
[ 1969 c 129 s 1 .] |
15.26.020 | Purpose. | The purpose of this chapter is for the creation of a commission which shall promote and carry on research and administer specific industry service programs, including but not limited to sanitation programs, which will or may benefit the planting, production, harvesting, handling, processing or shipment of tree fruit of... |
15.26.030 | Definitions. | As used in this chapter, unless a different meaning is plainly required by the context: (1) "Department" means the department of agriculture of the state of Washington. (2) "Director" means the director of the department of agriculture or his or her duly authorized representative. (3) "Person" means any natural persons... |
15.26.040 | Tree fruit research commission created—Membership. | There is hereby created the Washington tree fruit research commission, to be thus known and designated. The commission shall be composed of nine members. Three members to be appointed by the Washington state fruit commission, five members to be appointed by the Washington apple commission, and one member representing t... |
15.26.050 | Qualifications of members. | Nine members of the commission shall be producers who are citizens and residents of this state. Each producer member shall be over the age of twenty-five years and have been actively engaged in growing tree fruits in this state and deriving a substantial portion of his or her income therefrom, or having a substantial a... |
15.26.060 | Appointment of members. | The Washington apple commission shall appoint producer members to positions one through five on the commission. The Washington state fruit commission shall appoint producer members to positions six through eight on the commission. The director shall appoint a producer who derives a substantial portion of his or her inc... |
15.26.070 | Terms of members. | The terms of the members of commission shall be staggered and each shall serve for a term of three years and until their successor has been appointed and qualified: PROVIDED, That the first appointments to the commission beginning July 30, 1969, shall be for the following terms: (1) Positions one, four, and seven, one ... |
15.26.080 | Vacancies. | In the event a commission member resigns, is disqualified, or vacates his or her position on the commission for any other reason, the appointing agency that originally appointed such member shall within sixty days appoint a new member to fill the term of the vacated member.
[ 2010 c 8 s 6029 ; 1969 c 129 s 8 .] |
15.26.090 | Quorum. | A majority of the members of the commission shall constitute a quorum for the transaction of all business and carrying out the duties of the commission: PROVIDED, That on all fiscal matters, approval for passage must be by at least two-thirds majority of the said quorum.
[ 1969 c 129 s 9 .] |
15.26.100 | Compensation—Travel expenses. | Each member of the commission shall be compensated in accordance with RCW 43.03.230 and shall be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter. Employees of the commission may also be reimbursed for actual travel expenses when out of state on official commission business.... |
15.26.110 | Powers of commission. | The powers of the commission shall include the following: (1) To elect a chair, treasurer, and such other officers as it deems advisable; (2) To adopt any rules necessary to carry out the purposes and provisions of this chapter, in conformance with the provisions of the administrative procedure act, chapter 34.05 RCW, ... |
15.26.120 | Assessments levied—Referendum. | There is hereby levied on all commercial tree fruit produced in this state or held out as being produced in this state for fresh or processing use, an assessment, initially not to exceed ten cents per ton on all such tree fruits, except that such assessment for apples for fresh shipment shall be at the rate of one-half... |
15.26.125 | Assessment on cherries in excess of the fiscal growth factor under chapter43.135RCW—Washington tree fruit research commission. | The Washington tree fruit research commission may raise the assessment on cherries in excess of the fiscal growth factor under chapter 43.135 RCW from the assessment of two dollars per ton in effect under chapter 16-560 WAC on July 1, 1995, to four dollars per ton. The commission may also establish an additional assess... |
15.26.130 | List of producers. | The Washington apple commission and the Washington state fruit commission shall supply the director with a list of known producers subject to paying assessments to the respective commissions. The director, in addition, shall at the commission's cost compile a list of known tree fruit producers producing fruit not subje... |
15.26.140 | Increase in assessments by referendum. | The producers of tree fruit subject to the provisions of this chapter may subsequent to approving initial assessment increase such assessment by referendum when approved by a majority of the producers voting.
[ 1969 c 129 s 14 .] |
15.26.150 | Additional assessments for special projects. | The producers of any specific tree fruit subject to the provisions of this chapter may at any time by referendum conducted by the department and approved by a majority of the producers voting of such specific tree fruit establish an additional assessment on such specific tree fruit for special research projects of spec... |
15.26.155 | Additional assessment. | The producers of tree fruit subject to the provisions of this chapter may at any time, by referendum conducted by the department and approved by a majority of the producers voting, establish an additional assessment for programs including but not limited to sanitation programs and the reregistration of plant protection... |
15.26.160 | Suspension of assessments. | The members of the commission may, subject to approval by two-thirds of the voting members of the commission, suspend for a period not exceeding one crop year at a time all or part of the assessments on tree fruit subject to the provisions of this chapter.
[ 1969 c 129 s 16 .] |
15.26.170 | Payment of assessments required before purchase, receipt or shipment of fruit. | Such assessments will be due from the producers. No person shall purchase, or receive for sale, or shipment out of state any tree fruits subject to the provisions of this chapter until he or she has received proof that the assessment due and payable the commission has been paid.
[ 2010 c 8 s 6031 ; 1969 c 129 s 17 .] |
15.26.180 | Records of persons receiving fruit. | Any person receiving commercial tree fruits from any producer thereof or any producer of tree fruit who prepared or processed his or her own tree fruit for sale, or shipment for sale shall keep complete and accurate records of all such tree fruit. Such records shall meet the requirements of rules or regulations prescri... |
15.26.190 | Return of dealers, handlers, and processors—Filing—Contents. | Every dealer, handler, and processor shall at such times as the commission may by rule or regulation require, file with the commission a return under oath on forms to be prescribed and furnished by the commission, stating the quantity of tree fruit, subject to the provisions of this chapter, handled, shipped, or proces... |
15.26.200 | Assessments—When due and payable—Collection. | Such assessments on tree fruits shall be due and payable by the producer thereof by the end of the next business day that such tree fruits are sold or shipped for sale unless such time is extended as provided for in RCW 15.26.210 by rule or regulation of the commission. The commission may by rule or regulation provide ... |
15.26.210 | Assessments—Constitute personal debt. | Any due and payable assessments herein levied shall constitute a personal debt of every person so assessed or who otherwise owes the same and shall be due and payable as provided for in RCW 15.26.200 , unless the commission by rules or regulations provides for payment to be made not later than thirty days after the tim... |
15.26.220 | Assessments—Failure to pay—Collection. | In the event any person fails to pay the full amount of such assessment or such other sum on or before the due date, the commission may add to such unpaid assessment or sum an amount not more than ten percent but not less than one dollar of the same to defray the cost of enforcing the collection of such assessment, tog... |
15.26.230 | Disposition of moneys collected—Treasurer's bond. | All money collected under the authority of this chapter shall be paid to the treasurer of the commission, and be deposited by him or her in banks designated by the commission, and disbursed on the order of the commission. The treasurer shall file with the commission a fidelity bond, executed by a surety company authori... |
15.26.235 | Collection, administration, and disbursal of funds for industry service programs. | Funds collected and expenditures made for specific industry service programs shall be collected, administered, and dispersed [disbursed] separately from all other funds authorized and collected for research by the commission. The commission may appoint a committee to advise them regarding the need for specific industry... |
15.26.240 | Nonliability of state, members, employees. | Obligations incurred by the commission shall be enforced only against the assets of the commission in the same manner as if it were a corporation and no liability for the debts or acts of the commission shall exist against either the state of Washington, or against any member, officer, employee, or agent of the commiss... |
15.26.250 | Collection of assessments for commission by apple commission and state fruit commission. | The Washington apple commission and Washington state fruit commission in order to avoid unnecessary duplication of costs and efforts in collecting assessments for tree fruits at the time said commissions collect assessments due under the provisions of their acts may also collect the assessment due the commission on suc... |
15.26.260 | Legal costs and expenses to be borne by commission. | All legal costs and expenses that may be incurred in the collection of delinquent accounts owed this commission shall be borne by the commission; except as provided for otherwise in RCW 15.26.220 .
[ 1969 c 129 s 26 .] |
15.26.265 | Funding staff support—Rules. | The director may provide by rule for a method to fund staff support for all commodity boards and commissions in accordance with RCW 43.23.033 if a position is not directly funded by the legislature and costs related to the specific activity undertaken on behalf of an individual commodity board or commission. The commis... |
15.26.270 | Copies of commission's proceedings, records, acts as evidence. | Copies of the commission's proceedings, records, and acts when certified by the secretary and authenticated by the commission's seal shall be admissible in all courts as prima facie evidence of the truth of all statements therein.
[ 1969 c 129 s 27 .] |
15.26.280 | Moneys collected retained by commission. | All moneys collected by the commission under the provisions of this chapter shall be retained by the commission for the purpose of carrying out the purpose and provisions of this chapter. The commission may accept and retain any moneys from private persons or private or public agencies to carry out the purposes and pro... |
15.26.290 | Contracts with public or private agencies to carry out chapter. | The commission may enter into agreement or contract with any private person or any private or public agency whether federal, state or local in order to carry out the purposes and provisions of this chapter.
[ 1969 c 129 s 29 .] |
15.26.295 | Certain records exempt from public disclosure—Exceptions—Actions not prohibited by chapter. | (1) Under RCW 42.56.380 , certain agricultural business records, commission records, and department of agriculture records relating to the commission and producers of agricultural commodities are exempt from public disclosure. (2) Financial and commercial information and records submitted to either the department or th... |
15.26.300 | Violations—Penalty. | (1) Except as provided in subsection (2) of this section, any person violating any provision of this chapter or any rule or regulation adopted hereunder is guilty of a misdemeanor. (2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a previous conviction shall b... |
15.26.900 | Chapter cumulative. | The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1969 c 129 s 32 .] |
15.28.010 | Definitions. | As used in this chapter: (1) "Commission" means the Washington state fruit commission. (2) "Shipment" or "shipped" includes loading in a conveyance to be transported to market for resale, and includes delivery to a processor or processing plant, but does not include movement from the orchard where grown to a packing or... |
15.28.015 | Regulating soft tree fruits—Commission created—Existing comprehensive scheme—Applicable laws. | The history, economy, culture, and the future of Washington state's agriculture involves the production of soft tree fruits. In order to develop and promote Washington's soft tree fruits as part of an existing comprehensive regulatory scheme the legislature declares: (1) That the Washington state fruit commission is cr... |
15.28.020 | Commission composition—Voting—Quorum. | The commission is composed of seventeen voting members, as follows: Ten producers, four dealers, and two processors, who are appointed as provided in this chapter. The director, or an authorized representative, shall be a voting member of the commission. Other sections of this chapter that relate to the selection of vo... |
15.28.023 | Director appoints members—Nominations—Advisory vote. | (1) The director shall appoint the members of the commission. (2) Candidates for positions on the commission shall be nominated under RCW 15.28.060 . (3) Not less than sixty days nor more than seventy-five days prior to the commencement of a commission member's term, the director shall cause an advisory vote to be held... |
15.28.024 | Transition to director appointed commission. | To accomplish the transition to a commission structure where the director appoints a majority of commission members, the names of the currently elected commission members shall be forwarded to the director for appointment to the commission within thirty days of May 20, 2003. Thereafter, the director shall appoint commi... |
15.28.030 | Qualifications of voting members. | All voting members must be citizens and residents of this state. Each producer member must be over the age of twenty-five years, and be, and for five years have been, actively engaged in growing soft tree fruits in this state, and deriving a substantial portion of his or her income therefrom, or have a substantial amou... |
15.28.040 | Appointment of voting members—Positions. | Of the producer members, four shall be appointed from the first district and occupy positions one, two, three and four; four shall be appointed from the second district and occupy positions five, six, seven and eight, and two shall be appointed from the third district and occupy positions nine and ten. Of the dealer me... |
15.28.050 | Terms of office. | The regular term of office of the members of the commission shall be three years commencing on May 1, following the date of appointment and until their successors are appointed and qualified, except, however, that the first term of dealer position twelve in the first district shall be for two years and expire May 1, 19... |
15.28.055 | Terms of present members. | Present members of the state fruit commission as provided for in RCW 15.28.020 shall serve until the first day of May of the year in which their terms would ordinarily expire and until their successors are elected and qualified.
[ 1967 c 191 s 8 .] |
15.28.060 | Nominating meetings—Notice—Appointment—Ballots—Advisory vote—Eligible voters. | The director shall call meetings at times and places concurred upon by the director and the commission for the purpose of nominating producer, dealer or processor members for potential appointment to the commission when such members' terms are about to expire. Notice of such meetings shall be given at least sixty days ... |
15.28.070 | Establishment of subdistricts—Rules and regulations. | The commission shall have the authority, subject to the provisions of chapter 34.05 RCW (Administrative Procedure Act), for adopting rules and regulations, after public hearing, establishing one or more subdistricts in any one of the three districts. Such subdistricts shall include a substantial portion of the soft tre... |
15.28.080 | Vacancies on commission—How filled. | In the event a position becomes vacant due to resignation, disqualification, death, or for any other reason, such position, until the next annual nominating meeting, shall be filled by vote of the remaining members of the commission. Following the next annual nomination meeting, the director shall appoint one of the tw... |
15.28.090 | Compensation of members—Travel expenses. | Each member of the commission shall be compensated in accordance with RCW 43.03.230 and shall be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter. Employees of the commission may also be reimbursed for actual travel expenses when out of state on official commission business.... |
15.28.100 | Powers of commission. | The Washington state fruit commission is hereby declared and created a corporate body. The commission has power: (1) To exercise all of the powers of a corporation; (2) To elect a chair and such other officers as it may deem advisable; (3) To adopt, amend, or repeal, from time to time, necessary and proper rules, regul... |
15.28.103 | Commission's plans, programs, and projects—Director's approval required. | (1) The commission shall develop and submit to the director for approval any plans, programs, and projects concerning the following: (a) The establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising and promotion of the affected commodities; and (b) The establishm... |
15.28.105 | Commission speaks for state—Director's oversight. | The commission exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges the commission, with oversight by the director, to speak on behalf of Washington state government with regard to its particular commodities.
[ 2003 c 396 s 22 .]
Effective date — 2003... |
15.28.110 | Duties of commission. | The commission's duties are: (1) To adopt a commission seal; (2) To elect a secretary-manager and a treasurer, and fix their compensation. The same person may be elected to both offices; (3) To establish classifications of soft tree fruits; (4) To conduct scientific research and develop the healthful, therapeutic, and ... |
15.28.120 | Copies of records as evidence. | Copies of the commission's proceedings, records, and acts, when certified by the secretary and authenticated by the corporate seal, shall be admissible in all courts as prima facie evidence of the truth of all statements therein.
[ 1961 c 11 s 15.28.120 . Prior: 1947 c 73 s 13, part; Rem. Supp. 1947 s 2909-22, part.] |
15.28.130 | State, personal, nonliability—Obligations limited by collections—Defense to certain civil or criminal actions. | Neither the state, nor any member, agent, or employee of the commission, is liable for the acts of the commission, or upon its contracts. All salaries, expenses, costs, obligations, and liabilities of the commission, and claims arising from the administration of this chapter, are payable only from funds collected under... |
15.28.140 | District advisory and state commodity committees. | There shall be separate district advisory committees and separate state commodity committees for each of the following soft tree fruits, to wit: Bartlett pears, peaches, apricots, prunes and plums, and cherries. The growers, dealers, or processors of each of the soft tree fruits, at their respective annual district mee... |
15.28.150 | Committee organization—Duties. | Each district advisory committee and each state commodity committee shall select one of its members as chair. Meetings may be called by the chair or by any two members of any committee by giving reasonable written notice of the meeting to each member of such committee. A majority of the members shall be necessary to co... |
15.28.160 | Annual assessment—Exemption—Brined sweet cherries assessable. | An annual assessment is hereby levied upon all commercial soft tree fruits grown in the state or packed as Washington soft tree fruit of fifty cents per two thousand pounds (net weight) of said fruits, when shipped fresh or delivered to processors, whether in bulk, loose in containers, or packaged in any style of packa... |
15.28.170 | Research and advertising—Power to increase assessment. | The commission shall investigate the needs of soft tree fruit producers, the condition of the markets, and extent to which the same require advertising and research. If the investigation shows that the revenue from the assessments levied is inadequate to accomplish the objects of this chapter, it shall report its findi... |
15.28.180 | Increase of assessment for specific fruit or classification—Procedure. | (1) The same assessment shall be made for each soft tree fruit, except that if a two-thirds majority of the state commodity committee of any fruit recommends in writing the levy of an additional assessment on that fruit, or any classification thereof, for any year or years, the commission may levy such assessment for t... |
15.28.190 | Deposit of funds—Treasurer's bond. | All money collected under the authority of this chapter shall be paid to the treasurer of the commission, deposited by him or her in banks designated by the commission, and disbursed on its order. The treasurer shall file with the commission a fidelity bond, executed by a surety company authorized to do business in thi... |
15.28.200 | Use of funds—Contributions. | All moneys collected from such levy shall be expended exclusively to effectuate the purposes and objects of this chapter. They shall be generally expended on promotion and improvement of the various commodities approximately in the ratio that funds are derived from such commodities, after deducting suitable amounts for... |
15.28.210 | Records kept—Preservation—Inspection of. | Every dealer, handler, and processor shall keep a complete and accurate record of all soft tree fruits handled, shipped, or processed by him or her. Such record shall be in simple form and contain such information as the commission shall by rule or regulation prescribe. The records shall be preserved by such handler, d... |
15.28.220 | Returns to commission. | Every dealer, handler, and processor shall at such times as the commission may by rule or regulation require, file with the commission a return under oath on forms to be prescribed and furnished by the commission, stating the quantity of soft tree fruits handled, shipped, or processed by him or her during the period or... |
15.28.230 | Due date of assessments—Delinquent penalty. | All assessments levied and imposed by this chapter shall be due prior to shipment and shall become delinquent if not paid within thirty days after the time established for such payment according to regulations of the commission. A delinquent penalty shall be payable on any such delinquent assessment, calculated as inte... |
15.28.240 | Collection rules—Use of "stamps." | The commission shall by rule or regulation prescribe the method of collection, and for that purpose may require stamps to be known as "Washington state fruit commission stamps" to be purchased from the commission and fixed or attached to the container, invoices, shipping documents, inspection certificates, releases, or... |
15.28.250 | Responsibility for payment of assessments—Due upon receipt—Delinquencies—Civil action. | Unless the assessment has been paid by the grower and evidence thereof submitted by him or her, the dealer, handler, or processor is responsible for the payment of all assessments under this chapter on all soft tree fruits handled, shipped, or processed by him or her but he or she shall charge the same against the grow... |
15.28.260 | Publications by commission—Subscriptions. | If the commission publishes a bulletin or other publication, or a section in some established trade publication, for the dissemination of information to the soft tree fruit industry in this state, the first two dollars of any assessment paid annually by each grower, handler, dealer, and processor of such fruit shall be... |
15.28.270 | Violations—Penalty. | Every person shall be guilty of a misdemeanor who: (1) Violates or aids in the violation of any provision of this chapter, or (2) Violates or aids in the violation of any rule or regulation of the commission.
[ 1961 c 11 s 15.28.270 . Prior: 1947 c 73 s 28 ; Rem. Supp. 1947 s 2909-37.] |
15.28.280 | Venue of actions—Jurisdiction of courts. | Any prosecution brought under this chapter may be instituted or brought in any county in the state in which the defendant or any of the defendants reside, or in which the violation was committed, or in which the defendant or any of the defendants has his or her principal place of business. The several superior courts o... |
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