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15.53.9015 | Responsible buyer status—Application—Removal—List. | (1) To become a responsible buyer, a commercial feed licensee must apply for responsible buyer status on forms provided by the department. The application must include: (a) The name and mailing address of the licensee; (b) The physical address of the licensee; (c) The name, contact information, and signature of the app... |
15.53.9016 | Labeling—Required information—Recordkeeping—Rules. | (1) Any commercial feed, except a customer-formula feed, distributed in this state must be accompanied by a legible label bearing the following information: (a) The product name and the brand name, if any, under which the commercial feed is distributed. (b) The guaranteed analysis stated in such terms as the department... |
15.53.9018 | Semiannual report required—Inspection fees—Reports—Late fees—Confidentiality. | (1) Every registrant or licensee must file a semiannual report on forms provided by the department setting forth the number of tons of commercial feed distributed in or into this state. The report must be filed regardless of the amount of feed distributed or inspection fees owed. The report must include: (a) The name a... |
15.53.902 | Adulteration—Definition—Unlawful to distribute. | It is unlawful for any person to distribute an adulterated feed. A commercial feed is deemed to be adulterated: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such commercial feed shall not be considered ad... |
15.53.9022 | Misbranding—Definition—Unlawful to distribute. | It shall be unlawful for any person to distribute misbranded feed. A commercial feed shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If it is distributed under the name of another commercial feed; (3) If it is not labeled as required in RCW 15.53.9016 and in rules pre... |
15.53.9024 | Inspections of facilities, vehicles, equipment, etc.—Verification of records and procedures—Notice—Official samples—Warrants authorized. | (1) For the purpose of enforcement of this chapter, and in order to determine whether its provisions have been complied with, including whether an operation is subject to such provisions, inspectors duly designated by the director, upon presenting appropriate credentials, and a written notice to the owner, operator, or... |
15.53.9038 | Department's remedies for noncompliance—"Withdrawal from distribution" order—Condemnation—Seizure. | (1) When the department has reasonable cause to believe that any lot of commercial feed is adulterated or misbranded or is being distributed in violation of this chapter or any rules hereunder it may issue and enforce a written or printed "withdrawal from distribution" order, or "stop sale" order, warning the distribut... |
15.53.904 | Department's remedies for noncompliance—Classification of crimes—Prosecutions—Injunctions. | (1) Any person convicted of violating any of the provisions of this chapter or the rules and regulations issued thereunder or who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the department in the performance of its duty in connection with the provisions of this chapter, shall be adjudged ... |
15.53.9042 | Department to publish distribution information, production data, and analyses comparison. | The department shall publish at least annually, in such forms as it may deem proper, information concerning the distribution of commercial feed, together with such data on their production and use as it may consider advisable, and a report of the results of the analyses of official samples of commercial feed within the... |
15.53.9044 | Disposition of moneys. | All moneys collected under this chapter shall be paid to the director and deposited in an account within the agricultural local fund. Such deposits shall be used only in the administration and enforcement of this chapter.
[ 2005 c 18 s 9 ; 1988 c 254 s 5 ; 1975 1st ex.s. c 257 s 8 ; 1965 ex.s. c 31 s 19 .]
Effective da... |
15.53.9046 | Cooperation with other entities. | The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government and private associations in order to carry out the purpose and provisions of this chapter.
[ 1965 ex.s. c 31 s 24 .] |
15.53.9048 | Chapter is cumulative. | The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1965 ex.s. c 31 s 20 .] |
15.53.9056 | Short title. | This chapter shall be known as the "Washington Commercial Feed Law."
[ 1965 ex.s. c 31 s 1 .] |
15.54.265 | Intent—1998 c 36. | (1) The legislature intends to strengthen the state's fertilizer adulteration laws to protect human health and the environment by: (a) Ensuring that all fertilizers meet standards for allowable metals; (b) Allowing fertilizer purchasers and users to know about the contents of fertilizer products; and (c) Clarifying the... |
15.54.270 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Brand" means a term, design, or trademark used in connection with the distribution and sale of one or more grades of commercial fertilizers. (2) "Bulk fertilizer" means commercial fertilizer distributed in ... |
15.54.275 | Bulk fertilizer distribution license—Fee. | (1) No person may distribute a bulk fertilizer in this state until a license to distribute has been obtained by that person. An annual license is required for each out-of-state or in-state location that distributes bulk fertilizer in Washington state. An application for each location must be filed on forms provided by ... |
15.54.325 | Commercial fertilizer registration—Required for distribution—Application—Fees. | (1) No person may distribute in this state a commercial fertilizer until it has been registered with the department by the producer, importer, or packager of that product. (2) An application for registration must be made on a form furnished by the department and must include the following: (a) The product name; (b) The... |
15.54.330 | Commercial fertilizer registration—Application review—Labels and guarantees. | (1) The department shall examine the commercial fertilizer product registration application form and labels for conformance with the requirements of this chapter. If the application and appropriate labels are in proper form and contain the required information, the particular commercial fertilizer products shall be reg... |
15.54.340 | Labeling requirements. | (1) Any packaged commercial fertilizer distributed in this state that is not a customer-formula fertilizer must have placed on or affixed to the package a label stating in clearly legible and conspicuous form the following information: (a) The net weight; (b) The product name, brand, and grade. The grade is not require... |
15.54.350 | Inspection fees. | (1) There shall be paid to the department for all commercial fertilizers distributed in this state to nonregistrants or nonlicensees an inspection fee of twenty cents per ton of lime and thirty-five cents per ton of all other commercial fertilizer distributed during the year beginning July 1st and ending June 30th. (2)... |
15.54.362 | Reports—Inspection fees—Late fees—Confidentiality—Penalty—Exception. | (1) Every registrant or licensee who distributes commercial fertilizer in this state must file a semiannual report on forms provided by the department stating the number of net tons of each commercial fertilizer distributed in this state. (a) For the period January 1st through June 30th of each year, the report is due ... |
15.54.370 | Official samples—Inspection, analysis, testing—Right of entry. | (1) It shall be the duty of the department to inspect, sample, make analysis of, and test commercial fertilizers distributed within this state at such time and place and to such an extent as it may deem necessary to determine whether such fertilizers are in compliance with the provisions of this chapter. The department... |
15.54.380 | Penalties for deficiencies upon analysis of commercial fertilizers—Appeal—Disposition of penalties. | (1) If the analysis shall show that any commercial fertilizer falls short of the guaranteed analysis in any one plant nutrient or in total nutrients, penalty shall be assessed in favor of the department in accordance with the following provisions: (a) A penalty of three times the commercial value of the deficiency, if ... |
15.54.390 | Determination and publication of commercial values—Use in assessment of penalty payments. | For the purpose of determining the commercial value to be applied under the provisions of RCW 15.54.380 , the department shall determine and publish the values per unit of nitrogen, available phosphoric acid, and soluble potash in commercial fertilizers in this state. The values so determined and published shall be use... |
15.54.400 | Restrictions on sale—Minimum percentages. | No superphosphate containing less than eighteen percent of available phosphoric acid may be sold or offered for sale in this state. Specialty fertilizers, except manipulated animal and vegetable manures, guaranteeing less than five percent total plant food shall contain on the label specific directions for use, and pri... |
15.54.412 | Misbranding. | No person may distribute misbranded commercial fertilizer. A commercial fertilizer shall be deemed to be misbranded: (1) If its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular; (2) If it is distributed under the name o... |
15.54.414 | Adulteration. | No person may distribute an adulterated commercial fertilizer. A commercial fertilizer is adulterated: (1) If it contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning stat... |
15.54.420 | Unlawful acts. | It shall be unlawful for any person to: (1) Distribute an adulterated or misbranded commercial fertilizer; (2) Fail, refuse, or neglect to place upon or attach to each package of distributed commercial fertilizer a label containing all of the information required by this chapter; (3) Fail, refuse, or neglect to deliver... |
15.54.430 | Publication of distribution information, analyses results. | The department shall publish at least annually and in such form as it may deem proper (1) information concerning the distribution of commercial fertilizers and (2) results of analyses based on official samples as compared with the analyses guaranteed.
[ 1967 ex.s. c 22 s 31 .] |
15.54.433 | Fertilizer database—Public availability—Biennial report to legislature. | (1) The department shall maintain a fertilizer database that includes the information required for registration under RCW 15.54.325 and 15.54.330 . (2) Except for confidential information under RCW 15.54.362 regarding fertilizer tonnages distributed in the state, information in the fertilizer database must be made avai... |
15.54.436 | Cancellation of license to distribute or of registration—Refusal to register if fraudulent or deceptive practices used—Opportunity for hearing. | The department may cancel the license to distribute commercial fertilizer or registration of any commercial fertilizer product or refuse to license a distributor or register any commercial fertilizer product as provided in this chapter due to: (1) An incomplete or insufficient license or registration application; (2) T... |
15.54.440 | "Stop sale," "stop use," or "withdrawal from distribution" order, when issued—Release—Associated costs. | (1) Commercial fertilizers that are not registered in Washington state or that fail to meet the Washington standards for total metals pose an emergency situation because they may contain certain metals at levels which are harmful to Washington soils and plants and may contain substances which are harmful to the public ... |
15.54.450 | Noncompliance—Seizure—Disposition—Associated costs. | (1) Any lot of commercial fertilizer not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the department to a court of competent jurisdiction in the area in which the commercial fertilizer is located. (2) Any commercial fertilizer that is not registered in the state or that ... |
15.54.460 | Damages from administrative action, stop sales or seizures. | No state court shall allow the recovery of damages from administrative action taken or for stop sales or seizures under RCW 15.54.440 and 15.54.450 if the court finds that there was probable cause for such action.
[ 1967 ex.s. c 22 s 34 .] |
15.54.470 | Violations—Department discretion—Duty of prosecuting attorney—Injunctions. | (1) Except for violations of RCW 15.54.500 , any person who violates any provision of this chapter shall be guilty of a misdemeanor, and the fines collected shall be disposed of as provided under RCW 15.54.480 . (2) Nothing in this chapter shall be considered as requiring the department to report for prosecution or to ... |
15.54.474 | Penalty—Failure to comply with chapter or rule. | Every person who fails to comply with this chapter, or any rule adopted under it, may be subjected to a civil penalty, as determined by the director, in an amount of not more than seven thousand five hundred dollars for every such violation. Each and every such violation shall be a separate and distinct offense. Every ... |
15.54.480 | Disposition of moneys. | (1) Except as provided in subsection (2) of this section, all moneys collected under the provisions of this chapter shall be paid to the director and deposited in an account within the agricultural local fund. Such deposits shall be used only in the administration and enforcement of this chapter. (2) Moneys collected u... |
15.54.490 | Cooperation with other entities. | The director may cooperate with and enter into agreements with other governmental agencies, whether of this state, other states, or agencies of the federal government, and with private associations, in order to carry out the purposes and provisions of this chapter.
[ 1967 ex.s. c 22 s 37 .] |
15.54.500 | Turf fertilizer—Prohibitions on application, sales, and retail display. | (1) A person may not: (a) Except as otherwise provided in this section, apply turf fertilizer that is labeled as containing phosphorus to turf; (b) Apply turf fertilizer labeled as containing phosphorus to turf when the ground is frozen; (c) Intentionally apply turf fertilizer labeled as containing phosphorus to an imp... |
15.54.800 | Enforcement of chapter—Adoption of rules. | (1) The director shall administer and enforce the provisions of this chapter and any rules adopted under this chapter. All authority and requirements provided for in chapter 34.05 RCW apply to this chapter in the adoption of rules. (2) The director may adopt appropriate rules for carrying out the purpose and provisions... |
15.54.820 | Department of ecology—Waste-derived or micronutrient fertilizer—Standards—Written decision—Appeal of decision. | (1) After receipt from the department of the completed application required by RCW 15.54.325 , the department of ecology shall evaluate whether the use of the proposed waste-derived fertilizer or the micronutrient fertilizer as defined in RCW 15.54.270 is consistent with the following: (a) Chapter 70A.205 RCW, the soli... |
15.54.910 | Prior liability preserved. | The enactment of this chapter shall not have the effect of terminating, or in any way modifying any liability, civil or criminal, which shall already be in existence on the effective date of this chapter.
[ 1967 ex.s. c 22 s 38 .] |
15.54.940 | Continuation of rules adopted pursuant to repealed sections. | The repeal of sections 15.54.010 through 15.54.250 and 15.54.900 , chapter 11, Laws of 1961 and chapter 15.54 RCW and the enactment of this act shall not be deemed to have repealed any rules adopted under the provisions of sections 15.54.010 through 15.54.250 and 15.54.900 , chapter 11, Laws of 1961 and chapter 15.54 R... |
15.54.950 | Short title. | RCW 15.54.270 through 15.54.490 and 15.54.910 through 15.54.940 shall be known as the "Washington Commercial Fertilizer Act."
[ 1967 ex.s. c 22 s 42 .] |
15.58.010 | Short title. | This chapter may be known and cited as the Washington Pesticide Control Act.
[ 1971 ex.s. c 190 s 1 .] |
15.58.020 | Declaration of public interest. | The formulation, distribution, storage, transportation, and disposal of any pesticide and the dissemination of accurate scientific information as to the proper use, or nonuse, of any pesticide, is important and vital to the maintenance of a high level of public health and welfare both immediate and future, and is hereb... |
15.58.030 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Active ingredient" means any ingredient which will prevent, destroy, repel, control, or mitigate pests, or which will act as a plant regulator, defoliant, desiccant, or spray adjuvant. (2) "Antidote" means ... |
15.58.040 | Director's authority—Rules. | (1) The director shall administer and enforce the provisions of this chapter and rules adopted under this chapter. All the authority and requirements provided for in chapter 34.05 RCW (Administrative Procedure Act) and chapter 42.30 RCW shall apply to this chapter in the adoption of rules including those requiring due ... |
15.58.045 | Disposal of unusable pesticides—Rules. | The director of agriculture may adopt rules to allow the department of agriculture to take possession and dispose of canceled, suspended, or otherwise unusable pesticides held by persons licensed under chapter 15.58 RCW or regulated under chapter 17.21 RCW. For purposes of this section, the department may become licens... |
15.58.050 | Registration of pesticides—Generally. | Every pesticide which is distributed within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered with the director subject to the provisions of this chapter. However, registration is not required if:... |
15.58.060 | Statement for registration—Contents. | (1) The applicant for registration shall file a statement with the department which shall include: (a) The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant's; (b) The name of the pesticide; (c) The complete formula of the pesticide... |
15.58.065 | Protection of privileged or confidential information. | (1) In submitting data required by this chapter, the applicant may: (a) Mark clearly any portions which in the applicant's opinion are trade secrets or commercial or financial information; and (b) Submit such marked material separately from other material required to be submitted under this chapter. (2) Notwithstanding... |
15.58.070 | Pesticide annual registration fee—Expiration of registrations—Deposit in agricultural local fund. | (1) All registrations issued by the department expire December 31st of the following year except that registrations issued by the department to a registrant who is applying to register an additional pesticide during the second year of the registrant's registration period shall expire December 31st of that year. (2) An ... |
15.58.080 | Additional fee for late registration renewal. | If the renewal of a pesticide registration or special needs registration is not filed by the day the registration expires, an additional fee of fifty dollars shall be assessed and added to the original fee. The additional fee shall be paid by the applicant before the registration renewal for that pesticide shall be iss... |
15.58.090 | Certain agencies may register without fee—Not subject to RCW15.58.180. | All federal, state, and county agencies shall register without fee all pesticides sold by them and they shall not be subject to the license provisions of RCW 15.58.180 .
[ 1971 ex.s. c 190 s 9 .] |
15.58.180 | Pesticide dealer license—Generally. | (1) Except as provided in subsections (4) and (5) of this section, it is unlawful for any person to act in the capacity of a pesticide dealer or advertise as or assume to act as a pesticide dealer without first having obtained an annual license from the director. The license expires on the business license expiration d... |
15.58.100 | Criterion for registering. | (1) The director shall require the information required under RCW 15.58.060 and shall register the label or labeling for such pesticide if he or she determines that: (a) Its composition is such as to warrant the proposed claims for it; (b) Its labeling and other material required to be submitted comply with the require... |
15.58.110 | Refusing or canceling registration—Procedure. | (1) If it does not appear to the director that the pesticide is such as to warrant the proposed claims for it or if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of this chapter or rules adopted under this chapter, the registrant shall be notified of the ma... |
15.58.120 | Suspension of registration when hazard to public health. | The director may, when the director determines that there is or may be an imminent hazard to the public health and welfare, suspend on the director's own motion, the registration of a pesticide in conformance with the provisions of chapter 34.05 RCW.
[ 1989 c 380 s 9 ; 1971 ex.s. c 190 s 12 .] |
15.58.130 | "Misbranded" as applicable to pesticides, devices, or spray adjuvants. | The term "misbranded" shall apply: (1) To any pesticide or device if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular; (2) To any pesticide: (a) If it is an imitation of or is offered for sale under the name of anot... |
15.58.140 | "Adulterated" as applicable to pesticides. | The term "adulterated" shall apply to any pesticide if its strength or purity deviates from the professed standard or quality as expressed on its labeling or under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent of the pesticide has been who... |
15.58.150 | Unlawful practices. | (1) It is unlawful for any person to distribute within the state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following: (a) Any pesticide which has not been registered pursuant to the provisions of this chapter; (b... |
15.58.160 | Violations of chapter—"Stop sale, use or removal" order. | When the director has reasonable cause to believe a pesticide or device is being distributed, stored, or transported in violation of any of the provisions of this chapter, or of any of the prescribed rules under this chapter, the director may issue and serve a written "stop sale, use or removal" order upon the owner or... |
15.58.170 | "Stop sale, use or removal" order—Adjudication. | (1) After service of a "stop sale, use or removal" order is made upon any person, either that person or the director may file an action in a court of competent jurisdiction in the county in which a violation of this chapter or rules adopted under this chapter is alleged to have occurred for an adjudication of the alleg... |
15.58.200 | Pesticide dealer manager—License qualifications. | The director shall require each pesticide dealer manager to demonstrate to the director knowledge of pesticide laws and rules; pesticide hazards; and the safe distribution, use and application, and disposal of pesticides by satisfactorily passing a written examination after which the director shall issue a license of q... |
15.58.205 | Structural pest inspector licenses—Required—Exemptions. | (1) No individual may perform services as a structural pest inspector or advertise that they perform services of a structural pest inspector without obtaining a structural pest inspector license from the director. The license expires annually on a date set by rule by the director. Application for a license must be on a... |
15.58.206 | Structural pest inspector licenses—Exemption—Home inspectors. | A person licensed as a home inspector under chapter 18.280 RCW is exempt from licensing as a structural pest inspector except when reporting on the identification of or damage by wood destroying insects.
[ 2008 c 119 s 23 .] |
15.58.207 | Structural pest inspector licenses—Examination. | The director shall require each applicant for a structural pest inspector license to demonstrate to the director the applicant's knowledge of applicable laws and regulations; structural pest identification and damage; and conditions conducive to the development of wood destroying organisms by satisfactorily passing a w... |
15.58.210 | Pest control consultant licenses—Required—Exemptions. | (1) No individual may perform services as a pest control consultant without obtaining a license from the director. The license expires annually on a date set by rule by the director. Application for a license must be on a form prescribed by the director and must be accompanied by a fee of sixty-eight dollars. (2) The f... |
15.58.220 | Public pest control consultant license. | For the purpose of this section public pest control consultant means any individual who is employed by a governmental agency or unit to act as a pest control consultant. No person may act as a public pest control consultant without first obtaining a license from the director. The license expires annually on a date set ... |
15.58.230 | Consultant's license—Requirements. | The director shall require each applicant for a pest control consultant's license or a public pest control consultant's license to demonstrate to the director the applicant's knowledge of pesticide laws and regulations; pesticide hazards; and the safe distribution, use and application, and disposal of pesticides by sat... |
15.58.233 | Renewal of licenses—Recertification standards. | (1) The director may renew any license issued under this chapter subject to the recertification standards identified in subsection (2) of this section or an examination requiring new knowledge that may be required to perform in those areas licensed. (2) Except as provided in subsection (3) of this section, all individu... |
15.58.235 | Renewal of licenses—Delinquency. | (1) If an application for renewal of a pesticide dealer license is not filed on or before 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. (2) If application for renewal of any lice... |
15.58.240 | Classification of licenses—Examinations—Fees. | The director may classify licenses to be issued under the provisions of this chapter. Such classifications may include but not be limited to agricultural crops, ornamentals, or noncrop land herbicides. If the licensee has a classified license the licensee shall be limited to practicing within these classifications. Eac... |
15.58.250 | Recordkeeping requirements. | Any person issued a license or permit under the provisions of this chapter may be required by the director to keep accurate records on a form prescribed by the director which may contain the following information: (1) The delivery, movement or holding of any pesticide or device, including the quantity; (2) The date of ... |
15.58.260 | Civil penalties and/or denial, suspension, or revocation of license, registration or permit. | The director is authorized to impose a civil penalty and/or deny, suspend, or revoke any license, registration or permit provided for in this chapter subject to a hearing and in conformance with the provisions of chapter 34.05 RCW (Administrative Procedure Act) in any case in which the director finds there has been a f... |
15.58.270 | Subpoenas—Witness fees. | The director may issue subpoenas to compel the attendance of witnesses and/or production of books, documents and records in the county in which the person licensed under this chapter resides in any hearing affecting the authority or privilege granted by a license, registration or permit issued under the provisions of t... |
15.58.280 | Sampling and examination of pesticides or devices—Procedure when criminal proceedings contemplated. | The sampling and examination of pesticides or devices shall be made under the direction of the director for the purpose of determining whether or not they comply with the requirements of this chapter. The director is authorized, upon presentation of proper identification, to enter any distributor's premises, including ... |
15.58.290 | Minor violations, warning notice in writing. | Nothing in this chapter shall be construed as requiring the director to report for prosecution or for the institution of condemnation proceedings minor violations of this chapter when the director believes that the public interest will be best served by a suitable notice of warning in writing.
[ 1989 c 380 s 25 ; 1971 ... |
15.58.300 | Persons exempted from certain penalties under RCW15.58.150. | The penalties provided for violations of RCW 15.58.150 (1)(a), (b), (c), (d), and (e) shall not apply to: (1) Any carrier while lawfully engaged in transporting a pesticide within the state, if such carrier, upon request, permits the director to copy all records showing the transaction in and movement of the articles. ... |
15.58.310 | Pesticides for foreign export not in violation of chapter. | No pesticides shall be deemed in violation of this chapter when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of this chapter shall apply.
[ 1971 ex.s. c 190 s 31 .] |
15.58.320 | Certain pharmacists exempted from licensing provisions. | The license provisions of this chapter shall not apply to any pharmacist who is licensed pursuant to chapter 18.64 RCW and does not distribute any pesticide required to be registered under the provisions of this chapter.
[ 1971 ex.s. c 190 s 32 .] |
15.58.330 | Violation of chapter—Misdemeanor. | Any person violating any provisions of this chapter or rules adopted under this chapter is guilty of a misdemeanor.
[ 1989 c 380 s 26 ; 1971 ex.s. c 190 s 33 .] |
15.58.335 | Civil penalty. | Every person who fails to comply with this chapter or the rules adopted under it may be subjected to a civil penalty, as determined by the director, in an amount of not more than seven thousand five hundred dollars for every such violation. Each and every such violation shall be a separate and distinct offense. Every p... |
15.58.340 | Injunction. | The director 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.
[ 1989 c 380 s 28 ; 1971 ex.s. c 190 s 34 .] |
15.58.345 | Damages—Civil action not precluded. | Nothing in this chapter shall preclude any person aggrieved by a violation of this chapter from bringing suit in a court of competent jurisdiction for damages arising from the violation.
[ 1989 c 380 s 29 .] |
15.58.350 | Persons charged with enforcement barred from interest in pesticides, devices. | No person charged with the enforcement of any provision of this chapter shall be directly or indirectly interested in the sale, manufacture or distribution of any pesticide or device.
[ 1971 ex.s. c 190 s 35 .] |
15.58.360 | No recovery of damages when probable cause. | No state court shall allow the recovery of damages from administrative action taken or for "stop sale, use or removal" if the court finds that there was probable cause for such action.
[ 1971 ex.s. c 190 s 36 .] |
15.58.400 | Cooperation and agreements with other agencies. | The director is authorized to cooperate with and enter into agreements with any other agency of the state, the United States, and any other state or agency thereof for the purpose of carrying out the provisions of this chapter and securing uniformity of regulation.
[ 1971 ex.s. c 190 s 40 .] |
15.58.405 | Emergency situations—Special local needs—Experimental use permits. | For the purpose of exercising the authority granted to the state under the provisions of FIFRA, the director may: (1) Meet emergency conditions in this state by applying for an exemption from any provision of FIFRA as provided for by section 18 of that act. If such exemption is granted by the administrator of EPA the d... |
15.58.411 | Use of license fees—Pesticide safety education program—Deposit of money collected for civil penalties. | (1) Except as otherwise provided for in this section, all license fees collected under this chapter shall be paid to the director for use exclusively in the enforcement of this chapter. (2) In addition to any other fees the department may collect under this chapter, the department shall collect a fee of seven dollars f... |
15.58.420 | Report to legislature. | By February 1st of each year the department shall report to the appropriate committees of the house of representatives and the senate on the activities of the department under this chapter. The report shall include, at a minimum, a review of the department's enforcement activities, with the number of cases investigated... |
15.58.445 | Wood destroying organism inspections—License required. | It is unlawful for any business to conduct complete wood destroying organism inspections without having obtained a company license from the director. Application for a structural pest inspection company license must be on a form prescribed by the director. The application must include the following information: (1) The... |
15.58.450 | Wood destroying organism inspection report—Unique inspection control number required. | It is unlawful for any person to issue a wood destroying organism inspection report, prepared in conjunction with the transfer, exchange, or refinancing of any structure, without recording a unique inspection control number on the wood destroying organism inspection report. All wood destroying organism inspection repor... |
15.58.460 | Structural pest inspector—Evidence of financial responsibility required—Exemptions. | (1) The director shall not issue a license to any individual who intends to act as a structural pest inspector until evidence of financial responsibility, required and described in subsection (2) of this section, is furnished by the applicant or the business employing the applicant. Licensed commercial applicators that... |
15.58.465 | Structural pest inspector—Forms of evidence of financial responsibility—Amount—Terms. | (1) The following requirements apply to the forms of evidence of financial responsibility required under RCW 15.58.460 . (a) Errors and Omissions Insurance . The amount of the errors and omissions insurance policy required by RCW 15.58.460 (2)(a) shall not be less than twenty-five thousand dollars. The insurance polic... |
15.58.470 | Structural pest inspector—Failure to meet financial responsibility requirements. | Whenever the form of evidence of financial responsibility for a structural pest inspector license is reduced below the requirements of RCW 15.58.465 or no longer applies to the structural pest inspector, or whenever the licensee or the business that employs the licensee has failed to provide evidence of financial respo... |
15.58.480 | Educational materials regarding best practices for avoiding adverse effects from pesticides on pollinating insects. | The department must develop educational materials regarding the best practices for avoiding adverse effects from pesticides on populations of bees, honey bees, and other pollinating insects. The educational materials must include, but not be limited to, measures that anyone applying pesticides can take to protect bees,... |
15.58.485 | Neonicotinoid insecticides. | (1) Beginning January 1, 2026, a person may not use neonicotinoid insecticides on nonproduction outdoor ornamental plants, trees, and turf in this state, unless the application is made as part of a licensed application, a tree injection, or during the production of an agricultural commodity. (2) The director, upon iden... |
15.58.910 | Continuation of rules adopted pursuant to repealed sections. | The repeal of RCW 15.57.010 through 15.57.930 and the enactment of this chapter shall not be deemed to have repealed any rules adopted under the provisions of RCW 15.57.010 through 15.57.930 in effect immediately prior to such repeal and not inconsistent with the provisions of this chapter. All such rules shall be cons... |
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