H-1943.2 _______________________________________________
SUBSTITUTE HOUSE BILL 1946
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By House Committee on Agriculture & Rural Development (originally sponsored by Representatives Chappell, Brumsickle, Mastin, Grant, Rayburn and Kremen)
Read first time 03/03/93.
AN ACT Relating to clarifying definitions relating to farmers; and amending RCW 15.04.010 and 82.04.330.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 15.04.010 and 1961 c 11 s 15.04.010 are each amended to read as follows:
As used in this title except where otherwise defined:
"Department" means the department of agriculture.
"Director" means the director of agriculture.
"Person" includes any individual, firm, corporation, trust, association, cooperative, copartnership, society, any other organization of individuals, and any other business unit, device, or arrangement.
"Agricultural product" means any product of plant cultivation or animal husbandry including, but not limited to: A product of horticulture, grain cultivation, vermiculture, viticulture, or aquaculture as defined in RCW 15.85.020; plantation Christmas trees; turf; or any animal including but not limited to an animal that is a private sector aquatic product as defined in RCW 15.85.020, or a bird, or insect, or the substances obtained from such an animal.
"Farmer" means any person engaged in the business of growing or producing, upon the person's own lands or upon the lands in which the person has a present right of possession, any agricultural product whatsoever for sale. "Farmer" does not mean a person using such products as ingredients in a manufacturing process, or a person growing or producing such products for the person's own consumption. It does not mean any person dealing in livestock as an operator of a stockyard, slaughter house, or packing house.
Sec. 2. RCW 82.04.330 and 1988 c 253 s 2 are each amended to read as follows:
This chapter shall not apply to any ((person
in respect to the business of growing or producing for sale upon the person's
own lands or upon land in which the person has a present right of possession,
any agricultural or horticultural produce or crop, or of raising upon the
person's own lands or upon land in which the person has a present right of
possession, any plantation Christmas tree or any animal, bird, fish, or insect,
or the milk, eggs, wool, fur, meat, honey, or other substance obtained therefrom,
or in respect to the sale of such products at wholesale by such grower,
producer, or raiser thereof)) farmer as defined in RCW 15.04.010 that
sells any agricultural product as defined in RCW 15.04.010. This exemption
shall not apply to any person ((selling such products at retail or))
using such products as ingredients in a manufacturing process; nor to the sale
of any animal or substance obtained therefrom by a person in connection with
the person's business of operating a stockyard or a slaughter or packing house;
nor to any person in respect to the business of taking, cultivating, or raising
timber; nor to any association of persons whatever, whether mutual, cooperative
or otherwise, engaging in any business activity with respect to which tax liability
is imposed under the provisions of this chapter. ((As used in this section,
"fish" means fish which are cultivated or raised entirely within
confined rearing areas on the person's own land or on land in which the person
has a present right of possession.))
This chapter shall also not apply to any persons who participate in the federal conservation reserve program or its successor administered by the United States department of agriculture with respect to land enrolled in that program.
--- END ---