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                                         SUBSTITUTE SENATE BILL NO. 6240

                        _______________________________________________

                                                            AS AMENDED BY THE HOUSE

                                                                            C 230 L 88

State of Washington                              50th Legislature                              1988 Regular Session

By Senate Committee on Environment and Natural Resources (originally sponsored by Senators Warnke and Metcalf)

Read first time 2/2/88.

AN ACT Relating to the harvesting of wild mushrooms; adding a new chapter to Title 15 RCW; prescribing penalties; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Department" means the department of agriculture.

          (2) "Wild mushroom" means a mushroom that is not cultivated or propagated by artificial means.

          (3) "Mushroom buyer" means any person who obtains wild mushrooms from another person for eventual conveyance to a mushroom processor.

          (4) "Mushroom harvester" means a person who picks wild mushrooms for sale to a mushroom buyer or processor, or who picks wild mushrooms as an employee of a mushroom buyer or processor.

          (5) "Mushroom processor" means a person, other than a restaurant or mushroom buyer, who purchases and processes wild mushrooms in any manner whatsoever for eventual resale.

NEW SECTION. Sec. 2.     (1) A person may not act as a mushroom buyer or mushroom processor without an annual license.  Any person applying for such a license shall file an application on a form prescribed by the department, and accompanied by the following license fee:

          (a) Mushroom buyer, seventy-five dollars;

          (b) Mushroom processor, three hundred seventy-five dollars.

          (2) The mushroom buyer or mushroom processor shall display the license in a manner visible to the public.

NEW SECTION. Sec. 3.     (1) A mushroom buyer who obtains wild mushrooms shall complete a form prescribed by the department that includes the following:

          (a) The site at which the mushrooms were purchased by the buyer;

          (b) The amount, by weight, of each species of mushrooms obtained;

          (c) The approximate location of the harvest site;

          (d) The date that the mushrooms were harvested;

          (e) The price paid to the harvester;

          (f) The name, address, and license number of the mushroom processor to whom the mushrooms are sold;

          (g) Any additional information that the department, by rule, may require.

          (2) Forms completed under this section shall be mailed or delivered to the department within fifteen days after the end of the month in which the mushrooms were delivered to the processor.

          (3) Mushroom processors shall comply with the requirements of this section when obtaining wild mushrooms from any source other than a licensed mushroom buyer.

NEW SECTION. Sec. 4.     (1) Mushroom processors shall annually, by December 31, complete and mail or deliver to the department a form prescribed by the department that includes for each variety of mushrooms:

          (a) The quantity by weight sold within Washington, within the United States outside Washington, and to individual foreign countries;

          (b) Any additional information that the department, by rule, may require.

          (2) The department shall publish harvest totals in conjunction with United States department of agriculture crop reporting statistics as well as a compilation of the information received under subsection (1)(a) of this section.

NEW SECTION. Sec. 5.     The department shall encourage voluntary reporting of the information prescribed under section 3(1) of this act by recreational mushroom harvesters and mycological societies.

NEW SECTION. Sec. 6.     The department is authorized to issue and enforce civil infractions in the manner prescribed under chapter 7.80 RCW.  Violations of this chapter or any rule adopted under this chapter constitute a class I civil infraction under chapter 7.80 RCW.

NEW SECTION. Sec. 7.     The department may adopt rules for the administration of this chapter.

NEW SECTION. Sec. 8.     Sections 1 through 7 of this act shall constitute a new chapter in Title 15 RCW.

NEW SECTION. Sec. 9.     Sections 1 through 7 of this act shall expire June 30, 1994.

NEW SECTION. Sec. 10.    Sections 1 through 9 of this act shall take effect January 1, 1989.  The department of agriculture may immediately take such steps as are necessary to ensure that this act is implemented on that date.

                                                                                                                           Passed the Senate March 7, 1988.

                                                                                                                                       President of the Senate.

                                                                                                                           Passed the House March 2, 1988.

                                                                                                                                         Speaker of the House.