rcw_number
stringlengths
8
12
title
stringlengths
4
590
text
stringlengths
17
193k
16.57.090
Brand is personal property—Instruments affecting title, recording, effect—Fee—Nonliability of director for agents.
A brand is the personal property of the owner of record. Any instrument affecting the title of the brand shall be executed by the recorded owner and acknowledged by a notary public. The director shall record the instrument upon presentation and payment of a recording fee of twenty-five dollars. The recording shall be c...
16.57.100
Right to use brand—Brand as evidence of title.
The right to use a brand shall be evidenced by the original certificate issued by the director showing that the brand is of present record or a certified copy of the record of the brand showing that it is of present record. A healed brand of record on livestock shall be prima facie evidence that the recorded owner of t...
16.57.105
Preemptory right to use brand.
Any person having a brand recorded with the department shall have a preemptory right to use such brand and its design under any newly approved method of branding adopted by the director. [ 1967 c 240 s 38 .]
16.57.110
Size and characteristics of brand.
No brand shall be placed on livestock that is not permanent in nature and of a size that is not readily visible. The director, in order to assure that brands are readily visible, may prescribe the size of branding irons to be used for ownership brands. [ 1959 c 54 s 11 .]
16.57.120
Removal or alteration of brand—Penalty.
No person shall remove or alter a brand of record on livestock without first having secured the written permission of the director. Violation of this section is a gross misdemeanor. [ 2003 c 326 s 13 ; 1991 c 110 s 2 ; 1959 c 54 s 12 .]
16.57.130
Similar brands not to be recorded.
The director shall not record a brand that is identical to a brand of present record; nor a brand so similar to a brand of present record that it will be difficult to distinguish between the brands when applied to livestock. [ 2003 c 326 s 14 ; 1959 c 54 s 13 .]
16.57.140
Certified copy of record of brand—Fee.
The owner of a brand of record may obtain from the director a certified copy of the record of the owner's brand upon payment of a fee of fifteen dollars. [ 2003 c 326 s 15 ; 1994 c 46 s 18 ; 1993 c 354 s 7 ; 1974 ex.s. c 64 s 4 ; 1959 c 54 s 14 .] Effective date — 1994 c 46: See note following RCW 15.58.070 . Prior leg...
16.57.150
Brand book—Contents—Costs.
The director shall publish a book to be known as the "Washington State Brand Book", showing all the brands of record. The book shall contain the name and address of the owners of brands of record and a copy of the livestock identification laws and rules. Supplements to the brand book showing newly recorded brands, amen...
16.57.153
Administration of brands—Rules.
The director may adopt rules necessary to administer the recording and changing of ownership of brands. [ 2003 c 326 s 17 .]
16.57.160
Cattle or horses—Rules—Mandatory inspection points—Self-inspection certificates—Dairy cattle identification tags—Fees.
(1) The director may adopt rules: (a) Designating any point for mandatory inspection of cattle or horses or the furnishing of proof that cattle or horses passing or being transported through the point have been inspected or identified and are lawfully being transported; (b) Providing for issuance of individual horse an...
16.57.165
Agreements with others to perform livestock inspection.
The director may, in order to reduce the cost of inspection to livestock owners, enter into agreements with any qualified county, municipal, or other local law enforcement agency, or qualified individuals for the purpose of performing livestock inspection in areas where inspection by the director may not readily be ava...
16.57.170
Inspection of livestock, hides, records.
The director may enter at any reasonable time any slaughterhouse or public livestock market to inspect livestock or hides, and may enter at any reasonable time an establishment where hides are held to inspect them for brands or other means of identification. The director may enter any of these premises at any reasonabl...
16.57.180
Search warrants.
Should the director be denied access to any premises or establishment where access was sought for the purposes set forth in RCW 16.57.170 , the director may apply to any court of competent jurisdiction for a search warrant authorizing access to the premises or establishment for those purposes. The court may upon applic...
16.57.200
Duty of owner or agent—Livestock inspection.
Any owner or his or her agent shall make livestock being inspected readily accessible and shall cooperate with the director to carry out the inspection in a safe and expeditious manner. [ 2003 c 326 s 22 ; 1959 c 54 s 20 .]
16.57.210
Arrest without warrant.
The director shall have authority to arrest without warrant anywhere in the state any person found in the act of, or whom the director has reason to believe is guilty of, transporting, holding, selling, or slaughtering stolen livestock. Any person arrested by the director shall be turned over to the county sheriff or o...
16.57.220
Livestock inspection—Fee schedule—Certificates.(Effective until July 1, 2030.)
(1) Except as provided for in RCW 16.65.090 and otherwise in this section, the fee for livestock inspection is $4 per head for cattle and $3.85 for horses, with a call out fee of $20. (2) When cattle are identified with the owner's brand, electronic official individual identification, or other form of identification sp...
16.57.223
Payment of inspection fee—Due at inspection—Lien—Late fee.
(1) Any inspection fee shall be paid to the department by the owner or person in possession of the livestock unless the inspection is requested by the purchaser and then the fee shall be paid by the purchaser. (2) Except as provided by rule, the inspection fee is due and payable at the time inspection is performed and ...
16.57.230
Charges for livestock inspection—Actual inspection required.
No person shall collect or make a charge for inspection of livestock unless there has been an actual inspection of the livestock. [ 2003 c 326 s 26 ; 1995 c 374 s 50 ; 1959 c 54 s 23 .] Effective date — 1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012 .
16.57.240
Certificates of permit, inspection, self-inspection.
(1) Certificates of permit, inspection certificates, and self-inspection certificates meeting the requirements of RCW 16.57.160 shall show the owner, number, breed, sex, brand, or other method of identification of the cattle or horses and any other necessary information required by the director. (2) The director may is...
16.57.243
Moving or transporting cattle—Certificate or proof of ownership must accompany—Exceptions.
(1) Cattle may not be moved or transported within Washington state without being accompanied by a certificate of permit, inspection certificate, self-inspection certificate meeting the requirements of RCW 16.57.160 , or other satisfactory proof of ownership, except when the cattle are moved or transported: (a) Upon lan...
16.57.245
Authority to stop vehicles carrying cattle or horses.
The director or any peace officer may stop vehicles carrying cattle or horses to determine if the livestock being transported are accompanied by a certificate of permit, inspection certificate, self-inspection certificate meeting the requirements of RCW 16.57.010 , or other satisfactory proof of ownership, as determine...
16.57.260
Removal of cattle or horses from state—Inspection certificate required.
It is unlawful for any person to remove or cause to be removed or accept for removal from this state, any cattle or horses which are not accompanied at all times by an inspection certificate on such cattle or horses, except as provided by rule adopted under this chapter. [ 2003 c 326 s 30 ; 1981 c 296 s 19 ; 1959 c 54 ...
16.57.267
Failure to present animal for inspection.
It is unlawful for any person to fail to present an animal for inspection at any mandatory inspection point designated by the director by rule under this chapter. [ 2003 c 326 s 31 .]
16.57.270
Unlawful to refuse assistance in establishing identity and ownership of livestock.
It is unlawful for any person moving or transporting livestock in this state to refuse to assist the director or any peace officer in establishing the identity and ownership of the livestock being moved or transported. [ 2003 c 326 s 32 ; 1959 c 54 s 27 .]
16.57.275
Transporting cattle carcass or primal part—Certificate of permit required.
Any cattle carcass, or primal part thereof, of any breed or age being transported in this state from other than a state or federal licensed and inspected slaughterhouse or common carrier hauling for the slaughterhouse, shall be accompanied by a certificate of permit signed by the owner of the carcass or primal part the...
16.57.277
Custom slaughter beef tags—Fee—Rules.
Any person licensed as a custom farm slaughterer under RCW 16.49.035 shall complete and attach a custom slaughter beef tag to each of the four quarters of all slaughtered cattle handled by the slaughterer. The tags must remain on the quarters until the quarters are cut and wrapped. Only the director may provide custom ...
16.57.280
Possession of cattle or horse marked with another's brand—Penalty.
(1) No person shall knowingly have possession of any cattle or horse marked with a recorded brand of another person unless the: (a) Cattle or horse lawfully bears the person's own healed recorded brand; (b) Cattle or horse is accompanied by a certificate of permit from the owner of the recorded brand; (c) Cattle or hor...
16.57.290
Impounding cattle and horses—No certificate or proof of ownership when offered for sale—Disposition.
All cattle and horses that are not accompanied by a certificate of permit, inspection certificate, self-inspection certificate meeting the requirements of RCW 16.57.160 , or other satisfactory proof of ownership when offered for sale and presented for inspection by the director, shall be impounded. If theft is suspecte...
16.57.300
Proceeds from sale of impounded cattle and horses—Paid to director.
The proceeds from the sale of cattle and horses when impounded under RCW 16.57.290 , after paying the cost thereof, shall be paid to the director, who shall make a record showing the brand or marks or other method of identification of the animals and the amount realized from the sale thereof. However, the proceeds from...
16.57.310
Notice of sale—Claim on proceeds.
When a person has been notified by registered mail that animals bearing the person's recorded brand have been sold by the director, the person shall present to the director a claim on the proceeds within thirty days from the receipt of the notice or the director may decide that no claim exists. [ 2003 c 326 s 38 ; 1959...
16.57.320
Disposition of proceeds of sale when no proof of ownership—Penalty for accepting proceeds after sale, barter, trade.
If, after the expiration of one year from the date of sale, the person presenting the animals for inspection has not provided the director with satisfactory proof of ownership, the proceeds from the sale shall be paid on the claim of the owner of the recorded brand. However, it shall be a gross misdemeanor for the owne...
16.57.330
Disposition of proceeds of sale—No claim made—No proof of ownership provided.
If, after the expiration of one year from the date of sale, no claim under RCW 16.57.310 is made or no satisfactory proof of ownership is provided under RCW 16.57.320 , the money shall be credited to the department to be expended in carrying out the provisions of this chapter. [ 2003 c 326 s 40 ; 1959 c 54 s 33 .]
16.57.340
Reciprocal agreements—When livestock from another state an estray, sale.
The director has the authority to enter into reciprocal agreements with any or all states to prevent the theft, misappropriation, or loss of identification of livestock. The director may declare any livestock which is shipped or moved into this state from those states estrays if the livestock is not accompanied by the ...
16.57.350
Rules—Enforcement of chapter.
The director may adopt such rules as are necessary to carry out the purposes of this chapter. It shall be the duty of the director to enforce and carry out the provisions of this chapter and/or rules adopted hereunder. No person shall interfere with the director when he or she is performing or carrying out duties impos...
16.57.353
Rules—Compliance with federal requirements.
(1) The director may adopt rules: (a) To support the agriculture industry in meeting federal requirements for the country-of-origin labeling of meat. Any requirements established under this subsection for country of origin labeling purposes shall be substantially consistent with and shall not exceed the requirements es...
16.57.360
Civil infractions—Time and mileage fee.
(1)(a) The department is authorized to issue notices of and enforce civil infractions in the manner prescribed under chapter 7.80 RCW. (b) The violation of any provision of this chapter and/or rules adopted under this chapter shall constitute a class 1 civil infraction as provided under chapter 7.80 RCW unless otherwis...
16.57.370
Disposition of fees.
All fees collected under the provisions of this chapter shall be deposited in an account in the agricultural local fund and used to carry out the purposes of this chapter, except as otherwise provided. [ 2013 c 313 s 2 ; 2003 c 326 s 43 ; 1959 c 54 s 37 .] Fees provided in chapter 16.58 RCW to be used to carry out prov...
16.57.400
Horse and cattle identification—Inspection when consigned for sale.
Horses and cattle may be identified by individual identification certificates or other means of identification authorized by the director. The certificates or other means of identification are valid only for the use of the owner in whose name it is issued. Horses and cattle identified pursuant to this section are only ...
16.57.405
Microchip in a horse—Removal with intent to defraud—Gross misdemeanor.
A person who removes or causes to be removed a microchip implanted in a horse, or who removes or causes to be removed a microchip from one horse and implants or causes it to be implanted in another horse, with the intent to defraud a subsequent purchaser, is guilty of a gross misdemeanor. [ 1996 c 105 s 2 .]
16.57.407
Microchip in a horse—Authority to investigate removal.
The department has the authority to conduct an investigation of an incident where scars or other marks indicate that a microchip has been removed from a horse. [ 1996 c 105 s 3 .]
16.57.410
Horses—Registering agencies—Permit required—Fee—Records—Identification symbol inspections—Rules.
(1) No person may act as a registering agency without a permit issued by the director. The director may issue a permit to any person to act as a registering agency for the purpose of issuing permanent identification symbols for horses in a manner prescribed by the director. Application for a permit, or the renewal ther...
16.57.420
Ratite identification.
The department may, in consultation with representatives of the ratite industry, develop by rule a system that provides for the identification of individual ratites through the use of microchipping. The department may establish fees for the issuance or reissuance of microchipping numbers sufficient to cover the expense...
16.57.430
Replacement copies of brand inspection documents—Rules—Fees.
The director may: (1) Adopt rules governing issuance of replacement copies of brand inspection documents; and (2) Charge a fee of twenty-five dollars for such copies, which may be increased by rule. [ 2010 c 66 s 13 .]
16.57.440
Unlawful transport or delivery of cattle or horses.
It is unlawful for a person to transport or deliver cattle or horses to any destination other than the physical address of the destination designated on an inspection certificate, certificate of permit, or other transportation document when required by law or rule. The director may exempt cattle and horses from this re...
16.57.450
Electronic cattle transaction reporting system—License—Fee—Report to the legislature—Adoption of rules.
(1)(a) The director may establish an electronic cattle transaction reporting system as a mechanism for reporting transactions involving cattle to the department. The system may be used as an alternative to mandatory inspections under RCW 16.57.160 . The system may be used to report the inspection of animals that are be...
16.57.460
Livestock inspection program report.(Expires July 1, 2030.)
(1) The department shall submit a livestock inspection program report pursuant to RCW 43.01.036 by November 1, 2023, and annually thereafter, to the appropriate committees of the legislature having oversight over agriculture and fiscal matters. The report must also be submitted to the livestock identification advisory ...
16.57.902
Effective dates—2003 c 326.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003, except for sections 4 and 10 of this act which take effect January 1, 2004. [ 2003 c 326 s 93 .]
16.58.010
Purpose.
The purpose of this chapter is to expedite the movement of cattle from producers to the point of slaughter without losing the ownership identity of such cattle, and further to provide for fair and economical methods of identification of cattle in such commercial feed lots. [ 1979 c 81 s 1 ; 1971 ex.s. c 181 s 1 .]
16.58.020
Definitions.
For the purpose of this chapter: (1) "Certified feed lot" means any place, establishment, or facility commonly known as a commercial feed lot, cattle feed lot, or the like, which complies with all of the requirements of this chapter, and any rules adopted under this chapter and which holds a valid license from the dire...
16.58.030
Rules—Interference with director proscribed.
The director may adopt those rules as are necessary to carry out the purpose of this chapter. No person shall interfere with the director when he or she is performing or carrying out any duties imposed upon the director by this chapter or rules adopted under this chapter. [ 2003 c 326 s 47 ; 1971 ex.s. c 181 s 3 .] Eff...
16.58.040
Certified feed lot license—Required—Application, contents.
Any person desiring to engage in the business of operating one or more certified feed lots shall obtain an annual license from the director for that purpose. The application for a license shall be on a form prescribed by the director and shall include the following: (1) The number of certified feed lots the applicant i...
16.58.050
Certified feed lot license—Fee—Issuance or renewal—Inspection prior to issuance of original license.
(1) The application for an annual license to engage in the business of operating one or more certified feed lots shall be accompanied by a license fee of nine hundred thirty-five dollars. (2) Upon approval of the application by the director and compliance with the provisions of this chapter and rules adopted under this...
16.58.060
Certified feed lot license—Expiration—Late renewal.
Certified feed lot licenses expire on June 30th following the date of issuance. If a person fails, refuses, or neglects to apply for renewal of a license by June 30th, the person's license shall expire. To reinstate a license, the person shall be assessed a late fee of twenty-five dollars which shall be added to the re...
16.58.070
Certified feed lot license—Denial, suspension, or revocation—Hearings.
The director is authorized to deny, suspend, or revoke a license in accordance with the provisions of chapter 34.05 RCW if he or she finds that there has been a failure to comply with any requirement of this chapter or rules adopted under this chapter. Hearings for the revocation, suspension, or denial of a license sha...
16.58.080
Livestock inspection—Facilities required—Help to be furnished.
Every certified feed lot shall be equipped with a facility or a livestock pen, approved by the director as to location and construction within the feed lot so that necessary livestock inspection can be carried on in a proper, expeditious and safe manner. Each licensee shall furnish the director with sufficient help nec...
16.58.095
Inspection required for cattle not having inspection certificate.
All cattle entering or reentering a certified feed lot must be inspected upon entry, unless they are accompanied by an inspection certificate issued by the director, or any other agency authorized in any state or Canadian province by law to issue a certificate. Licensees shall report a discrepancy between cattle enteri...
16.58.100
Audits—Purpose.
(1) The director shall conduct audits of the cattle received, fed, handled, and shipped by the licensee at each certified feed lot. These audits shall be for the purpose of determining if the cattle correlate with the inspection certificates issued in their behalf and that the certificate of assurance furnished the dir...
16.58.110
Records—Contents—Examination.
All certified feed lots shall furnish the director with records as requested by the director on a monthly basis on all cattle entering or on feed in the certified feed lots and dispersed therefrom. These records must include a copy of each inspection certificate received and an itemized listing of all cattle entering a...
16.58.120
Records required at each certified feed lot.
The licensee shall maintain sufficient records as required by the director at each certified feed lot, if said licensee operates more than one certified feed lot. [ 1991 c 109 s 13 ; 1971 ex.s. c 181 s 12 .]
16.58.130
Feed lots—Fee for each head of cattle handled—Failure to pay.(Effective until July 1, 2030.)
Each licensee shall pay to the director a fee of 28 cents for each head of cattle handled through the licensee's feed lot. The licensee must pay a call out fee of $20 to the department for each day and for each livestock inspector who performs inspections at each certified feed lot. Payment of the fees shall be made by...
16.58.140
Disposition of fees.
All fees provided for in this chapter shall be deposited in an account in the agricultural local fund and used for enforcing and carrying out the purpose and provisions of this chapter or chapter 16.57 RCW. [ 2003 c 326 s 57 ; 1979 c 81 s 5 ; 1971 ex.s. c 181 s 14 .] Effective dates — 2003 c 326: See RCW 16.57.902 .
16.58.150
Situations when no inspection required—Fee—Suspension of license—Hearing.
No inspection shall be required when cattle are moved or transferred from one certified feed lot to another when they are accompanied by satisfactory proof of ownership and there is no change of ownership or from a certified feed lot to a point within this state, or out of state where this state maintains inspection, f...
16.58.160
Suspension of license awaiting investigation—Hearing.
The director may, when a certified feed lot's conditions become such that the integrity of reports or records of the cattle in that feed lot becomes doubtful, immediately suspend the certified feed lot's license until such time as the director can conduct an investigation to verify the condition of reports or records. ...
16.58.170
General penalties—Subsequent offenses.
(1) Except as provided in subsection (2) of this section, any person who violates the provisions of this chapter or any rule adopted under 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...
16.58.900
Chapter as cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy. [ 1971 ex.s. c 181 s 18 .]
16.60.010
Lawful fence defined.
A lawful fence shall be of at least four barbed, horizontal, well-stretched wires, spaced so that the top wire is forty-eight inches, plus or minus four inches, above the ground and the other wires at intervals below the top wire of twelve, twenty-two, and thirty-two inches. These wires shall be securely fastened to su...
16.60.011
Other lawful fences.
All other fences as strong and as well calculated as the fence described in RCW 16.60.010 shall be lawful fences. [ 1985 c 415 s 23 ; Code 1881 s 2489; 1873 p 447 s 2 ; 1871 p 64 s 2 ; 1869 p 324 s 2 ; RRS s 5442. Formerly RCW 16.60.010 , part.]
16.60.015
Liability for damages—Restraint—Notice.
Any person making and maintaining in good repair around his or her enclosure or enclosures, any fence such as is described in RCW 16.60.010 and 16.60.011 , may recover in a suit for trespass before the nearest court having competent jurisdiction, from the owner or owners of any animal or animals which shall break throu...
16.60.020
Partition fence—Reimbursement.
When any fence has been, or shall hereafter be, erected by any person on the boundary line of his or her land and the person owning land adjoining thereto shall make, or cause to be made, an inclosure [enclosure], so that such fence may also answer the purpose of inclosing [enclosing] his or her ground, he or she shall...
16.60.030
Partition fence—Erection—Notice.
When two or more persons own land adjoining which is inclosed [enclosed] by one fence, and it becomes necessary for the protection of the interest of one party said partition fence should be made between them, the other or others, when notified thereof, shall erect or cause to be erected one-half of such partition fenc...
16.60.040
Partition fence—Failure to build—Recovery of half of cost.
If, after notice has been given by either party and a reasonable length of time has elapsed, the other party neglect or refuse to erect or cause to be erected, the one-half of such fence, the party giving notice may proceed to erect or cause to be erected the entire partition fence, and collect by law one-half of the c...
16.60.050
Partition fence—Hog fencing.
The respective owners of adjoining inclosures [enclosures] shall keep up and maintain in good repair all partition fences between such inclosures [enclosures] in equal shares, so long as they shall continue to occupy or improve the same; and in case either of the parties shall desire to make such fence capable of turni...
16.60.055
Fence on the land of another by mistake—Removal.
When any person shall unwittingly or by mistake, erect any fence on the land of another, and when by a line legally determined that fact shall be ascertained, such person may enter upon the premises and remove such fence at any time within three months after such line has been run as aforesaid: PROVIDED, That when the ...
16.60.060
Partition fence—Discontinuance.
When any party shall wish to lay open his or her inclosure [enclosure], he or she shall notify any person owning adjoining inclosures [enclosures], and if such person shall not pay to the party giving notice one-half the value of any partition fence between such enclosures, within three months after receiving such noti...
16.60.062
Assessing value of partition fence.
In assessing the value of any partition fence, the parties shall proceed as provided for the assessment of damages in RCW 16.60.020 . [Code 1881 s 2497; 1873 p 449 s 10 ; 1871 p 66 s 10 ; 1869 p 326 s 10 ; RRS s 5450.]
16.60.064
Impeachment of assessment—Damages.
Upon the trial of any cause occurring under the provisions of RCW 16.60.010 through 16.60.076 , the defendant may impeach any such assessment, and in that case the court or the jury shall determine the damages. [Code 1881 s 2498; 1873 p 449 s 11 ; 1871 p 66 s 11 ; 1869 p 326 s 11 ; RRS s 5451.]
16.60.075
Damages by breachy animals.
The owner of any animal that is unruly, and in the habit of breaking through or throwing down fences, if after being notified that such animal is unruly and in the habit of breaking through or throwing down fences as aforesaid, he or she shall allow such animal to run at large, shall be liable for all damages caused by...
16.60.076
Proof.
In case of actions for damages under RCW 16.60.010 through 16.60.076 , it shall be sufficient to prove that the fence was lawful when the break was made. [Code 1881 s 2500; 1873 p 450 s 13 ; 1871 p 66 s 13 ; RRS s 5453. Formerly RCW 16.04.090 , part.]
16.60.080
Temporary gate across highway.
Whenever any inhabitant of this state shall have his or her fences removed by floods or destroyed by fire, the county commissioners of the county in which he or she resides shall have power to grant a license or permit for him or her to put a convenient gate or gates across any highway for a limited period of time, to ...
16.60.085
Temporary gate across highway—Auditor may grant permit.
It shall be lawful for the auditor of any county to grant such permit in vacation, but his or her license shall not extend past the next meeting of the commissioner's court. [ 2011 c 336 s 431 ; Code 1881, Bagley's Supp., p 25 s 2; 1871 p 104 s 2 ; RRS s 5460. Formerly RCW 16.60.080 , part.]
16.60.090
Failure to remove gate—Penalty.
Any person retaining a gate across the highway after his or her license shall expire, shall be subject to a fine of one dollar for the first day and fifty cents for each subsequent day he or she shall retain the same, and it may be removed by the road supervisor, as an obstruction, at the cost of the person placing or ...
16.60.095
Fees.
The fees of the auditor under RCW 16.60.080 through 16.60.095 shall be paid by the applicant. [Code 1881, Bagley's Supp., p 25 s 4; 1871 p 104 s 4 .]
16.65.005
Purpose.
The purpose of this chapter is to ensure the orderly marketing of livestock, to ensure the financial stability of public livestock markets, and to protect persons who consign livestock to markets and sales. [ 2003 c 326 s 61 .] Effective dates — 2003 c 326: See RCW 16.57.902 .
16.65.010
Definitions.
For the purposes of this chapter: (1) The term "public livestock market" means any place, establishment or facility commonly known as a "public livestock market", "livestock auction market", "livestock sales ring", yards selling on commission, or the like, conducted or operated for compensation or profit as a public li...
16.65.015
Application of chapter—Exceptions.
(1) Except under subsection (2) of this section, this chapter does not apply to: (a) A farmer selling his or her own livestock. (b) A farmers' cooperative association or an association of livestock breeders when any class of their own livestock is assembled and offered for sale at a special sale under the association's...
16.65.020
Supervision of markets and special open consignment horse sales—Rules—Interference with director's duties.
Public livestock markets and special open consignment horse sales shall be under the direction and supervision of the director, and the director may adopt those rules as are necessary to carry out the purpose of this chapter. It shall be the duty of the director to enforce and carry out the provisions of this chapter a...
16.65.030
Public livestock market license—Application—Contents—Fee—Public hearing.
(1) No person shall operate a public livestock market without first having obtained a license from the director. Application for a license shall be in writing on forms prescribed by the director, and shall include the following: (a) A nonrefundable original license application fee of two thousand dollars. (b) A legal d...
16.65.037
License—Restrictions—Fees.
(1) Any license issued under the provisions of this chapter shall only be valid at the location and for the sales day or days for which the license was issued. (2) The license fee shall be based on the average gross sales volume per official sales day of a market in the previous twelve months or, for a new market, the ...
16.65.040
Public livestock market license—Expiration—Renewal—Penalty.
(1) All public livestock market licenses provided for in this chapter expire on March 1st subsequent to the date of issue. (2) Application for renewal of a public livestock market license shall be in writing on forms prescribed by the director, and shall include: (a) All information under RCW 16.65.030 (1) (d), (e), an...
16.65.042
Special open consignment horse sale license required—Application—Fee—Where and when valid.
(1) A person shall not operate a special open consignment horse sale without first obtaining a license from the director. The application for the license shall include: (a) The schedule of rates and charges the applicant proposes to impose on the owners of horses for services rendered in the operation of the horse sale...
16.65.044
Public livestock market—Open consignment horse sale—Consignor's name.
It is lawful for the operator of a public livestock market or an open consignment horse sale, upon receiving a request to do so, to allow the announcement of the correct and accurate name of the consignor of any cattle or horses being presented for sale to potential buyers. [ 1991 c 17 s 5 .]
16.65.050
Disposition of fees.
All fees provided for under this chapter shall be deposited in an account in the agricultural local fund and used for enforcing and carrying out the purpose and provisions of this chapter and chapter 16.57 RCW. [ 2003 c 326 s 69 ; 1959 c 107 s 5 .] Effective dates — 2003 c 326: See RCW 16.57.902 .
16.65.060
License to be posted.
The licensee's license shall be posted conspicuously in the main office of such licensee's public livestock market or special open consignment horse sale. [ 1983 c 298 s 7 ; 1959 c 107 s 6 .]
16.65.080
Denial, suspension, revocation of license—Reasons—Hearing.
(1) The director may deny, suspend, or revoke a license when the director finds that a licensee (a) has misrepresented titles, charges, numbers, brands, weights, proceeds of sale, or ownership of livestock; (b) has attempted payment to a consignor or the department by a check the licensee knows not to be backed by suff...
16.65.090
Livestock inspection—Consignor's fee—Inspection fee—Call out fee.(Effective until July 1, 2030.)
When livestock inspection is required the licensee shall collect from the consignor and pay to the department an inspection fee, as provided by law, for each animal inspected. However, if in any one sale day the total fees collected for inspection do not exceed $150, then the licensee shall pay $150 for the inspection ...
16.65.100
Livestock inspection—Purchaser's fee.
The licensee of each public livestock market or special open consignment horse sale shall collect from any purchaser of livestock requesting inspection a fee as provided by law for each animal inspected. This fee shall be in addition to the fee charged to the consignor for inspection and shall not apply to the minimum ...
16.65.120
Disposition of proceeds of sale—Limitations on licensee.
A licensee shall not, except as provided in this chapter, pay the net proceeds or any part thereof arising from the sale of livestock consigned to the said licensee for sale, to any person other than the consignor of such livestock except upon an order from a court of competent jurisdiction, unless (1) such licensee ha...
16.65.130
Unlawful use of consignor's net proceeds.
It shall be unlawful for the licensee to use for his or her own purposes consignor's net proceeds, or funds received by such licensee to purchase livestock on order, through recourse to the so-called "float" in the bank account, or in any other manner. [ 2011 c 336 s 433 ; 1959 c 107 s 13 .]
16.65.140
Custodial account for consignor's proceeds—Authorized withdrawals—Accounts and records.
Each licensee shall establish a custodial account for consignor's proceeds. All funds derived from the sale of livestock handled on a commission or agency basis shall be deposited in that account. The account shall be drawn on only for the payment of net proceeds to the consignor, or other person or persons of whom the...
16.65.150
Penalty for failure to disclose unsatisfied lien, mortgage.
The delivery of livestock, for the purpose of sale, by any consignor or vendor to a public livestock market or special open consignment horse sale without making a full disclosure to the agent or licensee of such public livestock market or special open consignment horse sale of any unsatisfied lien or mortgage upon suc...