S-2032.1                   _______________________________________________

 

                                            SUBSTITUTE SENATE BILL 5850

                              _______________________________________________

 

State of Washington                              53rd Legislature                             1993 Regular Session

 

By Senate Committee on Agriculture (originally sponsored by Senators M. Rasmussen, Loveland and Barr)

 

Read first time 02/26/93.

 

Clarifying definitions relating to farmers.


          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:

          "Agricultural product" means any products of horticulture, grain cultivation, vermiculture, viticulture, animal husbandry, or aquaculture as defined in RCW 15.85.020, and includes but is not limited to any plantation Christmas tree, turf, or any animal, bird, or insect or the substances obtained from them.

          "Department" means the department of agriculture.

          "Director" means the director of agriculture.

          "Farmer" means any person engaged in the business of growing or producing for sale upon their own lands, or upon the lands in which they have a present right of possession, any agricultural product whatsoever.  "Farmer" does not mean persons using such products as ingredients in a manufacturing process, or persons growing or producing such products for their own consumption.  It does not mean any person dealing in livestock as an operator of a stockyard, slaughter house, or packing house.

          "Person" includes any individual, firm, corporation, trust, association, cooperative, copartnership, society, any other organization of individuals, and any other business unit, device, or arrangement.

 

        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)) farmer as defined in RCW 15.04.010 that sells any agricultural product as defined in RCW 15.04.010 at wholesale ((by such grower, producer, or raiser thereof)) or retail.  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 ---