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15.28.290 | Duty to enforce. | It shall be the duty of all state and county law enforcement officers and all employees and agents of the department to aid in the enforcement of this chapter.
[ 1961 c 11 s 15.28.290 . Prior: 1947 c 73 s 30 ; Rem. Supp. 1947 s 2909-39.] |
15.28.300 | Rules and regulations—Filing—Publication. | Every rule, regulation, or order promulgated by the commission shall be filed with the director, and shall be published in a legal newspaper of general circulation in each of the three districts. All such rules, regulations, or orders shall become effective pursuant to the provisions of RCW 34.05.380 .
[ 1985 c 469 s 7... |
15.28.305 | Rule making—Exemptions. | Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310 and the provisions of chapter 19.85 RCW, the regulatory fairness act, when adoption of the rule is determined by a referendum vote of the affected parties.
[ 2002 c 313 s 109 .]
Effective dates — 2002 c 313: See note foll... |
15.28.310 | Authority to agents of commission to inspect. | Agents of the commission, upon specific written authorization signed by the chair or secretary-manager thereof, shall have the right to inspect the premises, books, records, documents, and all other instruments of any carrier, railroad, truck, boat, grower, handler, dealer, and processor for the purpose of enforcing th... |
15.28.315 | 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... |
15.28.320 | 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... |
15.28.325 | Costs of implementing RCW15.28.103. | The costs incurred by the department of agriculture associated with the implementation of RCW 15.28.103 shall be paid for by the commission.
[ 2003 c 396 s 23 .]
Effective date — 2003 c 396: See note following RCW 15.66.030 . |
15.28.910 | Liberal construction. | This chapter shall be liberally construed.
[ 1961 c 11 s 15.28.910 . Prior: 1947 c 73 s 33, part; Rem. Supp. 1947 s 2909-42, part.] |
15.30.010 | Definitions. | For the purpose of this chapter: (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 appointed representative. (3) "Person" means a natural person, individual, or firm, partnership, corporation, company, society, and ass... |
15.30.020 | Annual license required—Expiration date. | It shall be unlawful for any person to engage in the business of operating a controlled atmosphere storage warehouse or warehouses without first obtaining an annual license from the director. Such license shall expire on August 31st of any one year.
[ 1961 c 29 s 2 .] |
15.30.030 | Application for license, contents—Issuance, prerequisites. | Application for a license to operate a controlled atmosphere warehouse shall be on a form prescribed by the director and shall include the following: (1) The full name of the person applying for the license. (2) If such applicant is an individual, receiver, trustee, firm, partnership, association, or corporation, the f... |
15.30.040 | Annual license fee. | The application for an annual license to engage in the business of operating a controlled atmosphere storage warehouse or warehouses shall be accompanied by an annual license fee prescribed by the director by rule.
[ 1988 c 254 s 6 ; 1961 c 29 s 4 .] |
15.30.050 | Enforcement—Rules authorized, procedure. | The director shall enforce and carry out the provisions of this chapter and may adopt the necessary rules to carry out its purposes. The adoption of rules shall be subject to the provisions of chapter 34.05 RCW, concerning the adoption of rules, as enacted or hereafter amended.
[ 1961 c 29 s 5 .] |
15.30.060 | Rules—Oxygen content, temperature, and time period to be maintained—Classification of fruits, vegetables as controlled atmosphere stored. | The director shall adopt rules: (1) Prescribing the maximum amount of oxygen that may be retained in a sealed controlled atmosphere storage warehouse: PROVIDED, That such maximum amount of oxygen retained shall not exceed five percent when apples are stored in such controlled atmosphere storage warehouse. (2) Prescribi... |
15.30.070 | License renewal date—Penalty for late renewal, exception. | If an application for renewal of the license provided for in RCW 15.30.020 is not filed prior to September 1st of any one year, a penalty of two dollars and fifty cents shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued: PROVIDED, That such pena... |
15.30.080 | Denial, suspension, revocation of license—Grounds—Hearing required. | The director is authorized to deny, suspend, or revoke the license provided for in RCW 15.30.020 subsequent to a hearing, in any case in which he or she finds that there has been a failure or refusal to comply with the provisions of this chapter or rules adopted hereunder.
[ 2010 c 8 s 6050 ; 1961 c 29 s 8 .] |
15.30.090 | Denial, suspension, revocation of license—Hearings subject to Administrative Procedure Act. | All hearings for a denial, suspension, or revocation of the license provided for in RCW 15.30.020 shall be subject to the provisions of chapter 34.05 RCW concerning adjudicative proceedings.
[ 1989 c 175 s 45 ; 1961 c 29 s 9 .]
Effective date — 1989 c 175: See note following RCW 34.05.010 . |
15.30.100 | Subpoenas—Witnesses and fees. | The director may issue subpoenas to compel the attendance of witnesses and/or the production of books, documents and records, anywhere in the state in any hearing affecting the authority or privilege granted by a license issued under the provisions of this chapter. Witnesses shall be entitled to fees for attendance and... |
15.30.110 | Issuance of warehouse number—Use of letters "CA"—Marking containers with letters and number. | The director when issuing a license to an applicant shall include a warehouse number which shall be preceded by the letters "CA". If the applicant in applying for a license includes a request for a specific warehouse number, the director shall issue such number to the applicant if such number has not been issued to a p... |
15.30.120 | Licensee to make daily determination of air components—Record, form, contents. | The licensee shall make air component determinations as to the percentage of carbon dioxide, oxygen and temperature at least once each day. A record of such determinations shall be kept on a form prescribed by the director for a period of two years and shall include the following: (1) The name and address of the licens... |
15.30.130 | Identity of fruit and vegetables to be maintained by CA number and inspection number to retail market. | The identity of any fruits or vegetables represented as having been stored in a room or warehouse subject to the provisions of this chapter shall be maintained, by the CA number issued to the licensee in whose warehouse such fruits and vegetables were stored and the state lot inspection number issued by the director fo... |
15.30.140 | Maturity and condition standards may be higher than for fruit and vegetables not subject to chapter. | The director may by rule establish condition and maturity standards for fruits or vegetables subject to the provisions of this chapter which may be higher than maturity and condition standards established for similar grades or classifications of such fruits or vegetables which are not subject to the provisions of this ... |
15.30.150 | Minimum condition and maturity standards for apples. | Minimum condition and maturity standards for apples subject to the provisions of this chapter shall be the U.S. condition and maturity standards for export as provided in 7 Code of Federal Regulations 51.317 on February 21, 1961: PROVIDED, That the director may adopt any subsequent amendment to such U.S. condition and ... |
15.30.160 | Inspection, certification prior to using "CA" or similar designation—Eradication required, when. | No person in this state shall place or stamp the letters "CA" or a similar designation in conjunction with a number or numbers upon any container or subcontainer of any fruits or vegetables, unless the director has inspected such fruits or vegetables and issued a state lot number for such fruits or vegetables in conjun... |
15.30.170 | Inspection, certification may be requested by financially interested person. | Any person financially interested in any fruits or vegetables subject to the provisions of this chapter may apply to the director for inspection and certification as to whether such fruits or vegetables meet the requirements provided for in this chapter or rules adopted hereunder.
[ 1961 c 29 s 17 .] |
15.30.180 | Fees for inspection and certification. | The director shall prescribe the necessary fees to be charged to the licensee or owner for the inspection and certification of any fruits or vegetables subject to the provisions of this chapter or rules adopted hereunder. The fees provided for in this section shall become due and payable by the end of the next business... |
15.30.190 | Certificate as evidence. | Every inspection certificate issued by the director under the provisions of this chapter shall be received in all courts of the state as prima facie evidence of the statement therein.
[ 1961 c 29 s 19 .] |
15.30.200 | Disposition of fees. | All moneys collected under the provisions of this chapter for the inspection and certification of any fruits or vegetables subject to the provisions of this chapter shall be handled and deposited in the manner provided for in chapter 15.17 RCW, as enacted or hereafter amended, for the handling of inspection and certifi... |
15.30.210 | Unlawful sales, acts, or use of words "controlled atmosphere storage" and terms of similar import. | It shall be unlawful for any person to sell, offer for sale, hold for sale, or transport for sale any fruits or vegetables represented as having been exposed to "controlled atmosphere storage" or to use any such term or form of words or symbols of similar import unless such fruits or vegetables have been stored in cont... |
15.30.220 | Injunctions authorized. | 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 in the county in which such violation occurs or is about to occur, notwithstanding the existence of any other remedies at law.
[ 1961 c 29 ... |
15.30.230 | Chapter cumulative and nonexclusive. | The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1961 c 29 s 23 .] |
15.30.240 | Prior civil or criminal liability not affected. | The enactment of this chapter shall not have the effects of terminating, or in any way modifying any liability, civil or criminal, which shall already be in existence on February 21, 1961.
[ 1961 c 29 s 24 .] |
15.30.250 | Penalties for violating chapter. | (1) Except as provided in subsection (2) of this section, any person violating the provisions of this chapter or rules 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 be considered a f... |
15.30.260 | Cooperation, agreements with other 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.
[ 1961 c 29 s 26 .] |
15.30.900 | Fruits and vegetables in storage prior to enactment of chapter. | Any fruits or vegetables now in controlled atmosphere storage and removed after February 21, 1961 may be marked, shipped, represented and sold as having been exposed to controlled atmosphere storage if such fruits and vegetables meet the requirements of this chapter and the rules and regulations adopted hereunder.
[ 19... |
15.35.010 | Short title. | This chapter may be known and cited as the Washington state milk pooling act to provide for equitable pricing and pooling among producers and processors of milk and milk products.
[ 1993 c 345 s 1 ; 1971 ex.s. c 230 s 1 .] |
15.35.030 | Declaration of public interest. | It is hereby declared that: (1) Milk is a necessary article of food for human consumption; (2) The production, distribution, and maintenance of an adequate supply of healthful milk of proper chemical and physical content, free from contamination, is vital to the public health and welfare; (3) It is the policy of the st... |
15.35.060 | Purposes. | The purposes of this chapter are to: (1) Authorize and enable the director to prescribe marketing areas and to establish pricing and pooling arrangements which are necessary to prevent disorderly marketing of milk due to varying factors of costs of production, health regulations, transportation, and other factors in sa... |
15.35.070 | Powers conferred to be liberally construed—Monopoly—Price setting. | It is the intent of the legislature that the powers conferred in this chapter shall be liberally construed. Nothing in this chapter shall be construed as permitting or authorizing the development of conditions of monopoly in the production or distribution of milk, nor shall this chapter give the director authority to e... |
15.35.080 | Definitions. | For the purposes of this chapter: (1) "Department" means the department of agriculture of the state of Washington; (2) "Director" means the director of the department or the director's duly appointed representative; (3) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and a... |
15.35.090 | Milk control between states. | (1) The director shall in carrying out the provisions of this chapter and any marketing plan thereunder confer with the legally constituted authorities of other states of the United States, and the United States department of agriculture, for the purpose of seeking uniformity of milk control with respect to milk coming... |
15.35.100 | Director's authority—Subpoena power—Rules. | Subject to the provisions of this chapter, the director is hereby vested with the authority: (1) To investigate all matters pertaining to the production, processing, storage, transportation, and distribution of milk and milk products in the state, and shall have the authority to: (a) Establish classifications of proces... |
15.35.105 | Minimum milk price—Competition from outside the marketing area. | (1) In establishing a minimum milk price or a formula to determine a minimum milk price, as provided under RCW 15.35.060 and 15.35.100 , the director shall, in addition to other appropriate criteria, consider the: (a) Cost of producing fluid milk for human consumption; (b) Transportation costs; (c) Milk prices in state... |
15.35.110 | Referendum on establishing or discontinuing market area pooling arrangement. | (1) The director, either upon his or her own motion or upon petition by ten percent of the producers in any proposed area, shall conduct a hearing to determine whether to establish or discontinue a market area pooling arrangement. Upon determination by the director that in order to satisfy the purposes of this chapter ... |
15.35.115 | Referendum on establishing or discontinuing market area pooling arrangement—Producer-dealers. | (1) Not less than sixty days before a referendum creating a market area and pooling plan with quotas is to be conducted under RCW 15.35.110 , the director shall notify each producer-dealer regarding the referendum. Any producer-dealer may choose to vote on the referendum and each choosing to do so shall notify the dire... |
15.35.120 | Qualifications for producers to sign petitions or vote in referendums. | (1) The producers qualified to sign a petition, or to vote in any referendum concerning a market pool, shall be all those producers shipping milk to the market area on a regular supply basis and who would or do receive or pay equalization in an existing market pool in a market area, or in a market pool if established i... |
15.35.130 | Form of producer petitions. | Petitions filed with the director by producers shall: (1) Consist of one or more pages, each of which is dated at the bottom. The date shall be inserted on each sheet prior to, or at the time the first signature is obtained on each sheet. The director shall not accept a sheet on which such date is more than sixty days,... |
15.35.140 | Director to establish systems within market areas. | (1) The director shall establish a system of classifying, pricing, and pooling of all milk used in each market area established under RCW 15.35.110 . (2) Thereafter the director may establish a system in each market area for the equalization of returns for all quota milk and all surplus over quota milk whereby all prod... |
15.35.150 | Determination of quota. | (1) Under a market pool and as used in this section, "quota" means a producer's or producer-dealer's portion of the total sales of milk in a market area in fluid form or, in the director's discretion, in other forms. (2) The director may in each market area subject to a market plan establish each producer's and each pr... |
15.35.160 | Contracts, rights and powers of associations not affected. | No provision of this chapter shall be deemed or construed to: (1) Affect or impair the contracts of any such cooperative association with its members or other producers marketing their milk through such corporation; (2) Impair or affect any contract which any such cooperative association has with milk dealers or others... |
15.35.170 | Quotas—Transfer of—Limitations. | Quotas provided for in this chapter may not in any way be transferred without the consent of the director. Regulations regarding transfer of quotas shall be determined by the department after due notice and the opportunity for a hearing as provided in chapter 34.05 RCW. Any contract for the transfer of quotas, unless t... |
15.35.180 | Records of milk dealers and cooperatives, inspection and audit of. | The director shall examine and audit not less than one time each year or at any other such time the director considers necessary, the books and records, and may photostat such books, records, and accounts of milk dealers and cooperatives licensed or believed subject to license under this chapter for the purpose of dete... |
15.35.190 | Records necessary for milk dealers. | All milk dealers subject to the provisions of this chapter shall keep the records as deemed necessary by the director.
[ 1971 ex.s. c 230 s 19 .] |
15.35.200 | Verified reports of milk dealers. | Each milk dealer subject to the provisions of this chapter shall from time to time, as required by rule of the director, make and file a verified report, on forms prescribed by the director, of all matters on account for which a record is required to be kept, together with such other information or facts as may be pert... |
15.35.210 | Milk dealer license—Required. | It shall be unlawful for any milk dealer subject to the provisions of a marketing plan to handle milk subject to the provisions of such marketing plan without first obtaining an annual license from the director for each separate place of business where such milk is received or sold. Such license shall be in addition to... |
15.35.220 | Milk dealer license—Application for—Contents. | Application for a license to act as a milk dealer shall be on a form prescribed by the director and shall contain, but not be limited to, the following: (1) The nature of the business to be conducted; (2) The full name and address of the person applying for the license if an individual; and if a partnership, the full n... |
15.35.230 | Milk dealer license—Fees—Additional assessment for late renewal. | (1) Application for each milk dealer's license shall be accompanied by an annual license fee to be established by the director by rule. (2) If an application for the renewal of a milk dealer's license is not filed on or before the first day of an annual licensing period a late fee of up to one-half of the license fee s... |
15.35.240 | Milk dealer license—Denial, suspension, or revocation of—Grounds. | The director may deny, suspend, or revoke a license upon due notice and an opportunity for a hearing as provided in chapter 34.05 RCW concerning adjudicative proceedings, or rules adopted thereunder by the director, when he or she is satisfied by a preponderance of the evidence of the existence of any of the following ... |
15.35.250 | Marketing assessment on producers—Additional assessment for milk testing—Penalty—Court action. | (1) There is hereby levied upon all milk sold or received in any marketing area subject to a marketing plan established under the provisions of this chapter an assessment, not to exceed five cents per one hundred pounds of all such milk, to be paid by the producer of such milk. Such assessment shall be collected by the... |
15.35.260 | Records and reports of licensees for assessment purposes. | Each licensee, in addition to other records required under the provisions of this chapter, shall keep such records and make such reports as the director may require for the purpose of computing payments of assessments by such licensee.
[ 1971 ex.s. c 230 s 26 .] |
15.35.270 | Assessment due date. | All assessments on milk subject to the provisions of this chapter and a marketing order shall be paid to the director on or before the twentieth day of the succeeding month for the milk which was received or handled in the previous month.
[ 1971 ex.s. c 230 s 27 .] |
15.35.280 | Separate account for each marketing plan—Deductions for departmental costs. | The director shall establish a separate account for each marketing plan established under the provisions of this chapter, and all license fees and assessments collected under any such marketing plan shall be deposited in its separate account to be used only for the purpose of carrying out the provisions of such marketi... |
15.35.290 | Court actions to implement. | In addition to any other remedy provided by law, the director in the name of the state shall have the right to sue in any court of competent jurisdiction for the recovery of any moneys due it from any persons subject to the provisions of this chapter and shall also have the right to institute suits in equity for injunc... |
15.35.300 | General penalty—Misdemeanor—Exception. | Any violation of this chapter and/or rules and regulations adopted thereunder shall constitute a misdemeanor: PROVIDED, That this section shall not apply to retail purchasers who purchase milk for domestic consumption.
[ 1971 ex.s. c 230 s 30 .] |
15.35.310 | Certain producer-dealers exempt. | (1) Except as provided in RCW 15.35.115 , the provisions of this chapter shall not apply to persons designated as producer-dealers, except that: (a) The director may require pursuant to RCW 15.35.100 any information deemed necessary to verify a producer-dealer's status as a producer-dealer; and (b) A producer-dealer sh... |
15.36.002 | Intent. | This chapter is intended to enact state legislation that safeguards the public health and promotes public welfare by: (1) Protecting the consuming public from milk or milk products that are: (a) Unsafe; (b) produced under unsanitary conditions; (c) do not meet bacterial standards under the PMO; or (d) below the quality... |
15.36.012 | Definitions. | For the purpose of this chapter: "Adulterated milk" means milk that is deemed adulterated under appendix L of the PMO. "Colostrum milk" means milk produced within ten days before or until practically colostrum free after parturition. "DMO" means supplement I, the recommended sanitation ordinance for grade A condensed a... |
15.36.021 | Milk and milk products—Rule-making authority—Grade A pasteurized and raw milk—Grade C milk and milk products. | The director of agriculture is authorized to: (1) Adopt rules necessary to carry out the purposes of chapter 15.36 RCW, which includes rules governing the farm storage tank and bulk milk tanker requirements, however the rules may not restrict the display or promotion of products covered under this section. (2) By rule,... |
15.36.025 | Application of chapter34.05RCW. | 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.
[ 1999 c 291 s 3 .] |
15.36.041 | Milk producer's license. | Every milk producer must obtain a milk producer's license to operate as a milk producer as defined in this chapter. A milk producer's license is not transferable with respect to persons or locations or both. The license, issued by the director upon approval of an application for the license and compliance with the prov... |
15.36.051 | Milk processing plant license—Fee waiver. | (1) A milk processing plant must obtain an annual milk processing plant license from the department, which shall expire on June 30th of each year. A milk processing plant may choose to process: (a) Grade A milk and milk products; or (b) other milk products that are not classified grade A. (2) Only one license may be re... |
15.36.071 | Milk hauler's license—Endorsements. | A milk hauler must obtain a milk hauler's license to conduct the operation under this chapter. A milk hauler's license is not transferable with respect to persons or locations or both. The license, issued by the director upon approval of an application for the license and compliance with the provisions of this chapter,... |
15.36.081 | Dairy technician's license—Application—Renewal—Fees. | (1) A dairy technician must obtain a dairy technician's license to conduct operations under this chapter. Such license shall be limited to those functions which the licensee has been found qualified to perform. Before issuing the license the director shall assess the applicant's qualifications and may test the applican... |
15.36.091 | Dairy technician's license—Records—Inspection of. | Licensed dairy technicians shall personally take all samples, conduct all tests, and determine all weights and grades of milk and milk products bought, sold, or delivered upon the basis of weight or grade or on the basis of the milk fat, nonfat milk solids, or other components contained therein. Each licensee shall kee... |
15.36.101 | Milk wash station license. | A wash station operator must obtain a milk wash station license to conduct the operation under this chapter for all wash stations separate from a milk processing plant. A milk wash station license is not transferable with respect to persons or locations or both. The license, issued by the director upon approval of an a... |
15.36.111 | Inspection of dairy farms and milk processing plants—Violations—Director's access. | (1) The director shall inspect all dairy farms and all milk processing plants prior to issuance of a license under this chapter and at a frequency determined by the director by rule: PROVIDED, That the director may accept the results of periodic industry inspections of producer dairies if such inspections have been off... |
15.36.131 | Sale of out-of-state grade A milk and milk products. | Grade A milk and milk products from outside the state may not be sold in the state of Washington unless produced and/or pasteurized under provisions equivalent to the requirements of this chapter and the PMO: PROVIDED, That the director shall satisfy himself or herself that the authority having jurisdiction over the pr... |
15.36.141 | Grading of milk and milk products. | Grades of milk and milk products as defined in this chapter shall be based on the respectively applicable standards contained in this chapter, with the grading of milk products being identical with the grading of milk, except that bacterial standards are omitted in the case of cultured milk products. Vitamin D milk sha... |
15.36.151 | Unlawful to sell, offer for sale, or deliver certain products—Diseased animals—Colostrum—Exceptions. | It is unlawful to sell, offer for sale, or deliver: (1) Milk or products produced from milk from cows, goats, or other mammals affected with disease or of which the owner thereof has refused official examination and tests for disease; or (2) Colostrum milk for consumption by humans, except that this prohibition regardi... |
15.36.161 | Cows, goats, and other mammals—Animal health requirements. | (1) All milking cows, goats, and other mammals must meet the animal health requirements established by the state veterinarian under the authority of chapter 16.36 RCW. (2) Milk or milk products from cows, goats, and other mammals intended for consumption in the raw state must be from a herd which is tested negative wit... |
15.36.171 | Grades of milk and milk products that may be sold. | The director may revoke the license of any milk processing plant or producer whose product fails to qualify as grade A pasteurized or grade A raw, or in lieu thereof may degrade the product to grade C and permit its sale as other than fluid milk or grade A milk products during a period not exceeding thirty days. In the... |
15.36.181 | Sale of adulterated or misbranded milk or milk products prohibited—Possession restricted. | No person shall produce, sell, offer, or expose for sale, or have in possession with intent to sell, any milk or milk product which is adulterated or misbranded. It is unlawful for any person, elsewhere than in a private home, to have in possession any adulterated or misbranded milk or milk products. Adulterated or mis... |
15.36.191 | Milk or milk product analysis—Report of violative results. | After obtaining a sample of milk or milk product for analysis, the department shall, within ten days of obtaining the result of the analysis, send any violative results to the person from whom the sample was taken or to the person responsible for the condition of the milk.
[ 1999 c 291 s 11 ; 1994 c 143 s 304 ; 1989 c ... |
15.36.201 | Examination of milk and milk products—Violations—Director's options—Penalty. | (1) During any consecutive six-month period, at least four samples of: (a) Either raw milk or raw milk for pasteurization, or both, from each milk producer; or (b)(i) raw milk for pasteurization after receipt by the milk processing plant and prior to pasteurization; (ii) heat-treated milk products; and (iii) pasteurize... |
15.36.206 | Source of milk and milk products—Seller's disclosure. | Any person selling milk or milk products shall furnish the director, upon request, with the name of all milk processing plants or distributors from whom their milk and milk products are obtained.
[ 1999 c 291 s 13 .] |
15.36.221 | Grade A raw milk—Cooling. | Milk and milk products for consumption in the raw state or for pasteurization shall be cooled within two hours of completion of milking to forty degrees Fahrenheit or less and maintained at that temperature until picked up, in accordance with RCW 15.36.201 , so long as the blend temperature after the first and followin... |
15.36.231 | Raw milk or milk products—Bottling and capping—Packaging—Labeling. | (1) Milk and milk products for consumption in the raw state shall be bottled or packaged on the farm where produced. Bottling and capping shall be done in a sanitary manner by means of approved equipment and operations. Caps or cap stock shall be purchased in sanitary containers and kept therein in a clean dry place un... |
15.36.241 | Capping of milk or milk products. | Capping of milk or milk products shall be done in a sanitary manner by means of approved equipment and operations. The cap or cover shall cover the pouring lip to at least its largest diameter.
[ 2005 c 414 s 3 ; 1961 c 11 s 15.36.420 . Prior: 1955 c 238 s 64 ; prior: 1949 c 168 s 7, part; Rem. Supp. 1949 s 6266-36, pa... |
15.36.261 | Butter or cheese—Pasteurization of milk or cream. | All milk or cream used in the manufacture of pasteurized butter or cheese shall be pasteurized only in the plant where the butter or cheese is manufactured.
[ 1961 c 11 s 15.32.410 . Prior: 1919 c 192 s 12 ; RRS s 6175. Formerly RCW 15.32.410 .] |
15.36.271 | "Pasteurized"—Use of word regulated. | No person shall use the word "pasteurized" in connection with the sale, designation, advertising, labeling, or billing of milk, cream, or any milk product unless the same and all milk products used in the manufacture thereof consist exclusively of milk, skimmed milk, or cream that has been pasteurized in its final form... |
15.36.281 | Unlawful use of containers—Seizure authorized. | (1) It shall be unlawful for a person other than the owner, to possess for sale or barter or to use a container that is used to distribute packaged milk or milk products and that bears the name or trademark of an owner that has been properly registered. (2) A person receiving packaged dairy products in containers beari... |
15.36.401 | Licenses—Denial, suspension, revocation—Reasons. | (1) A license issued under this chapter may be denied, suspended, or revoked by the director when a person: (a) Fails to comply with the provisions of this chapter or the rules adopted under this chapter; (b) Refuses the department access to a portion or area of a facility regulated under this chapter, for the purpose ... |
15.36.412 | Issuance of cease and desist order. | The director may issue a cease and desist order to any person whom the director has reason to believe is engaged in an activity for which a license is required by this chapter. The person to whom such notice is issued may request an adjudicative proceeding to contest the order.
[ 2006 c 157 s 5 .]
Findings — 2006 c 157... |
15.36.421 | Milk processing plant or producer—License suspension. | (1) If the director finds a milk processing plant or producer operating under conditions that constitute an immediate danger to public health, safety, or welfare or if the licensee or an employee of the licensee actively prevents the director or the director's representative, during an on-site inspection, from determin... |
15.36.451 | Regrading of milk or milk products—Reinstatement of license. | Any producer or milk processing plant whose milk has been degraded by the director, or whose license has been suspended may at any time make application for the regrading of his or her products or the reinstatement of his or her license. In case the lowered grade or the license suspension was the result of violation of... |
15.36.454 | Failure to comply with chapter or rules—Civil penalties. | (1) Any person who fails to comply with this chapter or the rules adopted under this chapter may be subject to a civil penalty in an amount of not more than one thousand dollars per violation per day. (2) The director may adopt by rule a penalty matrix that establishes procedures for civil penalties assessed under this... |
15.36.455 | Violations—Notice, orders, damages. | (1) When the director has probable cause to believe that milk or milk products are being sold, distributed, stored, or transported in violation of this chapter or rules adopted under this chapter, the director may issue and serve upon the owner or custodian of the milk or milk products a written notice of embargo and o... |
15.36.473 | Failure to comply with chapter or rules—Criminal penalties. | (1) It is unlawful for any person to sell raw milk from a dairy farm that is not licensed as a milk producer or a milk processing plant under this chapter. (2) The sale of raw milk from a dairy farm that is not licensed as a milk producer and a milk processing plant under this chapter constitutes: (a) For the first off... |
15.36.475 | Laboratory tests—Admission as evidence. | Tests performed by an official laboratory or an officially designated laboratory of a milk sample drawn by a department official or a licensed dairy technician shall be admitted as prima facie evidence of a violation in any proceeding to enforce this chapter.
[ 1999 c 291 s 21 .] |
15.36.481 | Violations may be enjoined. | 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 of the county in which the defendant resides or maintains his or her principal place of business or Thurston county.
[ 1999 c 291 s 22 ; 1969 ex.s. c 102 s 4 . Formerly ... |
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