AN
ACT Relating to horticultural plants and facilities; amending RCW 15.13.250,
15.13.260, 15.13.265, 15.13.270, 15.13.280, 15.13.285, 15.13.290, 15.13.300,
15.13.310, 15.13.320, 15.13.335, 15.13.340, 15.13.360, 15.13.370, 15.13.380,
15.13.390, 15.13.400, 15.13.410, 15.13.420, 15.13.425, 15.13.430, 15.13.440,
15.13.445, 15.13.450, 15.13.455, 15.13.470, 15.13.480, and 15.13.490; adding new
sections to chapter 15.13 RCW; adding new sections to chapter 15.09 RCW;
decodifying RCW 15.13.460, 15.13.930, and 15.13.950; repealing RCW 15.09.130
and 15.13.350; and prescribing penalties.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
15.13.250 and 1993 c 120 s 1 are each amended to read as follows:
For
the purpose of this chapter:
(1)
"Department" means the department of agriculture of the state of
Washington.
(2)
"Director" means the director of the department or the director's
duly ((appointed)) authorized representative.
(3)
"Person" means ((a natural person,)) any individual,
firm, partnership, corporation, company, society and association, and every
officer, agent or employee thereof.
(4)
"Horticultural plant" includes, but is not limited to, any
horticultural, floricultural, ((and)) or viticultural plant,
or turf, for planting, propagation or ornamentation growing or otherwise.
The term does not apply to potato, garlic, or onion planting stock or to
cut plant material, except ((cuttings, budsticks, scion wood, and similar))
plant parts used for propagative purposes((, or to olericultural plants)).
(5)
"Horticultural facilities" means, but is not limited to, the premises
where horticultural plants are grown, stored, handled or delivered for sale or
transportation, or where records required under this chapter are stored or
kept, and all vehicles and equipment((, whether aerial or surface,))
used to transport ((such)) horticultural plants.
(6)
"Plant pests" means, but is not limited to ((any)), a
living stage of ((any)) insect((s)), mite((s)), or
other arthropod; nematode((s,)); slug((s)), snail((s)),
or other mollusk; protozoa((,)) or other invertebrate animals((,));
bacteria((, fungi, other parasitic plants, weeds, or reproductive parts
thereof, viruses)); fungus; virus; viroid; phytoplasma; weed or
parasitic plant; or any organisms similar to or allied with any of the ((foregoing,))
plant pests listed in this section; or any infectious substance((,));
which can directly or indirectly injure or cause disease or damage ((in))
to any plant or ((parts thereof, or any processed, manufactured, or
other products of plants)) plant product or that threatens the diversity
or abundance of native species.
(7)
"Inspection and/or certification" means, but is not limited to, the
inspection by the director of ((any)) horticultural plants at any
time prior to, during, or subsequent to harvest((,)) or sale((, by
the director,)) and the issuance by the director of a written certificate
stating ((the grades, classifications, and)) if ((such)) the
horticultural plants ((meet Washington requirements for freedom from
infestation by plant pests and)) are in compliance with ((all other))
the provisions of this chapter and rules adopted ((hereunder)) under
this chapter. Inspection may include, but is not limited to, examination of
horticultural plants, taking samples, destructive testing, conducting
interviews, taking photographs, and examining records.
(8)
"Nursery dealer" means any person who sells((, holds for sale, or
offers for sale,)) horticultural plants or plants, grows, receives,
or handles horticultural plants((, including turf for sale or for planting,
including lawns,)) for the purpose of selling or planting for
another person.
(9)
"Sell" means to sell, hold for sale, offer for sale, handle, or to
use as an inducement for the sale of another article or product.
(10)
"Master license system" means the mechanism established by chapter
19.02 RCW by which master licenses, endorsed for individual state-issued
licenses, are issued and renewed utilizing a master application and a master
license expiration date common to each renewable license endorsement.
(11)
"Certificate" or "certificate of inspection" means an
official document certifying compliance with the requirements of this chapter.
The term "certificate" includes labels, rubber stamp imprints, tags,
permits, written statements, or ((a)) any other form of
certification document that accompanies the movement of inspected and certified
plant material.
(12)
"Turf" means field-cultivated turf grass sod consisting of grass
varieties, or blends of grass varieties, and dichondra for use in residential
and commercial landscapes.
(13)
(("Collected horticultural plant" means a noncultivated native
plant, collected in its native habitat and sold for horticultural purposes.
For purposes of this chapter, such plants shall be regarded as collected
horticultural plants for the first calendar year after collection.)) "This
chapter" means this chapter and the rules adopted under this chapter.
(14)
"Compliance agreement" means a written agreement between the
department and a person engaged in growing, handling, or moving articles,
plants, or plant products regulated under this chapter or title, in which the
person agrees to comply with stipulated requirements.
(15) "Consignor" means the person named in the
invoice, bill, or other shipping document accompanying a horticultural plant as
the person from whom the horticultural plant has been received for shipment.
Sec.
2. RCW
15.13.260 and 1993 c 120 s 2 are each amended to read as follows:
The
director shall enforce the provisions of this chapter and may adopt any rule
necessary to carry out its purpose and provisions including but not limited to
the following:
(1)
The director may adopt rules establishing standards for grades and/or
classifications for any horticultural plant ((and standards for such grades
and/or classifications)).
(2)
The director ((may)) shall adopt rules for labeling or tagging ((and))
horticultural plants.
(3)
The director may adopt rules for the inspection and/or certification of any
horticultural plant as to variety, quality, size and freedom from infestation
by plant pests.
(((3)))
(4) The director shall adopt rules establishing fees for nursery
dealer licenses and for inspection of horticultural plants and methods of fee
collection ((thereof)).
(((4)))
(5) The director may adopt rules prescribing minimum informational
requirements for advertising for the sale of horticultural plants within the
state.
(((5)
The director shall when adopting rules or regulations under the provisions of
this chapter, hold a public hearing and satisfy all the requirements of chapter
34.05 RCW (administrative procedure act), concerning the adoption of rules and
regulations.))
(6)
The director may adopt rules establishing categories of sales and fees for
permits established in RCW 15.13.270.
NEW
SECTION. Sec. 3. A
new section is added to chapter 15.13 RCW to read as follows:
Chapter
34.05 RCW governs the rights, remedies, and procedures respecting the
administration of this chapter, including rule making, assessment of civil
penalties, emergency actions, and license suspension, revocation, or denial.
Sec.
4. RCW
15.13.265 and 1993 c 120 s 7 are each amended to read as follows:
(1)
The director may enter ((upon)) and inspect the ((premises))
horticultural facilities of a nursery dealer at reasonable times for the
purpose of carrying out the provisions of this chapter.
(2)
If the director is denied access, the director may apply to a court of
competent jurisdiction for a search warrant authorizing access to the
premises. The court may upon such application issue the search warrant for the
purposes requested. The warrant shall be issued on probable cause. It is
sufficient probable cause to show (a) the inspection is pursuant to a general
administrative practice to determine compliance with this chapter or (b) the
director has reason to believe that a violation of this chapter has occurred,
is occurring, or may occur.
(3)
Denial of access to the director to perform inspections may subject a nursery
dealer to revocation of the nursery license ((as provided in RCW 15.13.350)).
Sec.
5. RCW
15.13.270 and 1993 c 120 s 3 are each amended to read as follows:
The
provisions of this chapter relating to licensing do not apply to: (1) Persons
making casual or isolated sales that do not exceed one hundred dollars
annually; (2) any garden club, conservation district, or charitable nonprofit
association conducting not more than three sales per year for not more than
four consecutive days each of horticultural plants ((as defined in RCW
15.13.250 and)) which are grown by or donated to its members; (3) educational
organizations associated with private or public secondary schools. However,
such a club, conservation district, association, or organization shall apply to
the director for a permit to conduct such sales. ((The director may adopt
rules establishing categories of sales and fees for the permit. The fees shall
be deposited in the agricultural local fund.))
All
horticultural plants sold under such a permit ((issued by the director))
shall be ((subject to all the other)) in compliance with the
provisions of this chapter ((except licensing as set forth herein)).
Sec.
6. RCW
15.13.280 and 1993 c 120 s 4 are each amended to read as follows:
(1)
No person shall act as a nursery dealer without a license for each place of
business where horticultural plants are sold except as provided in RCW
15.13.270. Any person applying for such a license shall apply through the
master license system. The application shall be accompanied by ((a)) the
appropriate fee ((established by the director by rule)). The
director shall establish ((by rule, in accordance with chapter 34.05 RCW,))
a schedule of fees for retail and wholesale nursery dealer licenses ((and
a schedule of fees for wholesale nursery dealer licenses which shall be))
based upon the ((amount of a)) person's ((retail or wholesale)) gross
annual sales of horticultural plants ((and turf)) at each place
of business. The schedule for retail licenses shall include((, but
shall not be limited to,)) separate fees for at least the following two
categories:
(a)
A ((fee for a)) person whose gross ((business)) annual
sales of ((such materials)) horticultural plants do not exceed
two thousand five hundred dollars; and
(b)
((a fee for)) A person whose gross ((business)) annual
sales of ((such materials)) horticultural plants exceed two
thousand five hundred dollars.
(2)
((Except as provided in RCW 15.13.270,)) A person conducting both
retail and wholesale sales of horticultural plants at ((a)) the same
place of business shall secure ((for the place of business)) one of
the following:
(a)
A retail nursery dealer license if retail sales of the horticultural
plants ((and turf)) exceed such wholesale sales((,)); or
(b)
A wholesale nursery dealer license if wholesale sales of the horticultural
plants ((and turf)) exceed such retail sales.
(3)
((For)) The director may issue a wholesale nursery dealer license to
a person operating as a farmers market((s that are registered as
nonprofit associations with the office of the secretary of state and)) at
which individual producers are selling directly to consumers ((as provided
in RCW 36.71.090, the director may allow a farmers market, as an alternative to
licensing of individual producers, to obtain one wholesale nursery dealer)).
The license((, as provided in subsection (1) of this section,)) shall
be at the appropriate level to cover all ((producers)) persons
selling horticultural plants at each site at which the ((market)) person
operates a market.
(4)
The licensing fee that must accompany an application for a new license shall be
based upon the applicant's estimated gross ((business)) sales of
horticultural plants ((and turf)) for the ensuing licensing year. The
fee for renewing a license shall be based upon the licensee's gross sales of ((such))
these products during the preceding licensing year.
(5)
The license ((shall)) expires on the master license expiration
date unless it has been revoked or suspended prior to the expiration date by
the director for cause. Each license shall be posted in a conspicuous place
open to the public in the location for which it was issued.
(6)
The department may audit licensees during normal business hours to determine
that appropriate fees have been paid.
Sec.
7. RCW
15.13.285 and 1992 c 23 s 1 are each amended to read as follows:
The
director may, with the advice of the nursery advisory committee ((created
under RCW 15.13.335)), establish by rule a surcharge ((to be added))
to the fee ((established)) for a nursery dealer license ((under RCW
15.13.280)). The surcharge ((applied to each license annually))
shall not exceed twenty percent ((times the amount)) of the license fee
((without the surcharge. Such a surcharge)) and shall be paid at
the same time that the ((licensing)) license fee is paid. ((Revenue))
Moneys collected from the surcharge shall be deposited in the
agricultural local fund ((under RCW 43.23.230)) and shall be used solely
to support research projects which are of general benefit to the ((horticultural))
nursery industry and are recommended by the nursery advisory committee
((created under RCW 15.13.335)).
Sec.
8. RCW
15.13.290 and 1982 c 182 s 21 are each amended to read as follows:
If
any application for renewal of a nursery dealer license is not filed
prior to the master license expiration date, the master license delinquency fee
shall be assessed under chapter 19.02 RCW and shall be paid by the applicant
before the renewal license ((shall be)) is issued.
Sec.
9. RCW
15.13.300 and 1982 c 182 s 22 are each amended to read as follows:
Application
for a license ((shall be made through the master license system and))
shall include:
(1)
The full name of the person applying for ((such)) the license and
if the applicant is an individual, receiver, trustee, firm, partnership,
association, or corporation, the full name of each member of the firm or
partnership, or the names of the officers of the association or corporation ((shall
be given in the application)).
(2)
The principal business address of the applicant in the state and elsewhere.
(3)
The address for the location or locations for which the licenses are being
applied.
(4)
The names of the persons authorized to receive and accept service of summons
and legal notices of all kinds for the applicant.
(5)
Any other necessary information prescribed by the director.
Sec.
10. RCW
15.13.310 and 1993 c 120 s 5 are each amended to read as follows:
(1)
((There is hereby levied)) An annual assessment shall be
levied on the gross sale price of the wholesale market value for all fruit
trees, fruit tree related ornamental trees, and fruit tree rootstock produced
in Washington, and sold within the state or shipped from the state ((of
Washington)) by any licensed nursery dealer during any license period((,
as set forth in this chapter)). Fruit tree related ornamental ((tree))
nursery stock shall be limited to the genera, Chaenomeles, Cydonia, Crataegus,
Malus, Prunus, Pyrus, and Sorbus. This annual assessment is based on the first
sale price of such nursery stock except for rootstocks which are replanted
and/or grafted or budded and planted for growing-on in the nursery. The
director shall by rule ((subsequent to a hearing)) determine the rate of
an assessment ((conforming with the costs necessary)) needed to
carry out the fruit tree certification and nursery improvement programs ((specified))
set forth in RCW 15.13.470 and chapter 15.14 RCW.
((Such))
The wholesale market price may be determined by the wholesale catalogue
price of the seller of ((such)) the fruit trees, fruit tree
related ((ornamental trees)) ornamentals, or fruit tree rootstock
or of the shipper moving such ((fruit trees, fruit tree related ornamentals,
or fruit tree rootstock)) nursery stock out of the state. If the
seller or shipper ((do)) does not have a catalogue, then ((such))
the wholesale market price may be based on the actual selling price or
an average wholesale market price. The director in determining ((such))
the average wholesale market price may use catalogues of various
businesses licensed under the provisions of this chapter or any other
reasonable method.
(2)
((Such)) The assessment ((shall be)) is due and
payable on the first day of July of each year.
(3)
The gross sale period shall be from July 1 to June 30 of the previous ((license
period)) year.
(4)
The department may audit the records of licensees during normal business hours
to determine that the appropriate assessment has been paid.
Sec.
11. RCW
15.13.320 and 1993 c 120 s 6 are each amended to read as follows:
An
advisory committee is hereby established to advise the director in the
administration of the fruit tree ((and fruit tree related ornamental tree))
certification and nursery improvement program.
(1)
The committee shall consist of five fruit tree nursery dealers and the director
or the director's designated appointee.
(2)
((The director shall appoint)) When appointing this committee ((from)),
the director shall consider names submitted by the Washington state nursery
and landscape association.
(3)
The terms of the members of the committee shall be staggered and the members
shall serve a term of three years and until their successor has been appointed
((and qualified)).
In
the event a committee member resigns, is disqualified, or vacates a position on
the committee for any other reason the vacancy shall be filled by the director
under the provisions of this section governing appointments.
Sec.
12. RCW
15.13.335 and 1990 c 261 s 6 are each amended to read as follows:
((An))
A nursery advisory committee is hereby established to advise the
director in the administration of this chapter.
(1)
The committee shall consist of not less than four members, representing the
interests of licensed nursery dealers and the nursery industry, appointed by
the director in consultation with the following persons: The president of (a)
the Washington state floricultural association, (b) the Washington state bulb
association, and (c) the Washington state nursery and landscape association;
and the director or the director's designated appointee.
(2)
The terms of the members of the committee shall be staggered and the members
shall serve a term of three years and until their successors have been
appointed ((and qualified)).
In
the event a committee member resigns, is disqualified, or vacates a position on
the committee for any other reason, the vacancy shall be filled by the director
under the provisions of this section governing appointments.
Sec.
13. RCW
15.13.340 and 1971 ex.s. c 33 s 10 are each amended to read as follows:
(1)
((There is hereby levied on all delinquent and unpaid assessments a
collection charge)) A late fee of twenty percent of the amount due
((and to be added thereto for each license period such)) shall be
levied on all delinquent assessments for each license period the assessment
is delinquent.
(2)
The director shall not issue a nursery dealer license to any applicant who has
failed to pay any assessment due under the provisions of this chapter.
Sec.
14. RCW
15.13.360 and 1971 ex.s. c 33 s 12 are each amended to read as follows:
The
director may issue subpoenas to compel the attendance of witnesses and/or
production of books, documents, and records ((in)) for purposes of
investigating compliance with this chapter or for any hearing ((in the
county where the person licensed under this chapter resides affecting the
authority or privilege granted by a license issued under the provisions of))
under this chapter. ((Witnesses except complaining witnesses, shall
be entitled to fees for attendance and travel as provided for in chapter 2.40
RCW, as enacted or hereafter amended.))
Sec.
15. RCW
15.13.370 and 1993 c 120 s 8 are each amended to read as follows:
(1)
Any person licensed under the provisions of this chapter may request((, upon
the payment of actual costs to the department as prescribed by the director,))
the services of a ((nursery plant services)) department inspector
at ((such)) the licensee's place of business or point of shipment
during the shipping season. Subsequent to inspection the inspector shall issue
to ((such)) the licensee a certificate of inspection signed by
the inspector covering any horticultural plants which the inspector finds ((not))
to be ((infected with plant pests and)) in compliance with the
provisions of this chapter ((and rules adopted under this chapter)).
(2)
Any person financially interested in any horticultural plants may request
inspection and/or certification services provided for horticultural plants
under this chapter.
(3)
To facilitate the movement of agricultural commodities, the director may
provide, if requested, special inspections or certifications not otherwise
authorized under this chapter and shall prescribe a fee for that service.
Sec.
16. RCW
15.13.380 and 1990 c 261 s 9 are each amended to read as follows:
((The
director shall prescribe, in addition to those costs provided for in RCW
15.13.370, any other necessary fees to be charged the owner or the owner's
agent for the inspection and certification of any horticultural plant subject
to the provisions of this chapter or rules adopted hereunder, and for the
inspection and certification when such inspection and certification is
performed at the request of any person financially interested in any
horticultural plants which are, or are not subject to the provisions of this
chapter or rules adopted hereunder, produced in or imported into this state.))
(1)
The inspection fees provided for in this chapter shall become due and payable
upon billing by the department.
(2)
A late charge of one and one-half percent per month shall be assessed on the
unpaid balance against persons more than thirty days in arrears.
(3)
In addition to any other penalties, the director may refuse to perform any
inspection or certification service for any person who is in arrears or
who fails to pay any assessment due under the provisions of this chapter or
assessments required by law to any agricultural commodity commission unless
the person makes payment in full prior to such inspection or certification
service.
Sec.
17. RCW
15.13.390 and 1993 c 120 s 9 are each amended to read as follows:
It
is unlawful for any person to sell, ship, or transport any horticultural plant
in this state unless it meets standards established in rule for freedom from
infestation by plant pests((. No person shall sell, ship, or transport any
horticultural plant in this state unless it meets the)) and the other
requirements of this chapter ((or rules adopted under this chapter)).
Sec.
18. RCW
15.13.400 and 1993 c 120 s 10 are each amended to read as follows:
(1)
It is unlawful for any person to ship or deliver any horticultural plant into
this state unless ((such horticultural plant)) it is accompanied
by an inspection certificate from the state or country of origin stating that
((such)) the horticultural plant meets ((Washington
requirements for freedom from infestation by plant pests and is in conformance
with not less than the minimal)) the requirements of this chapter ((or
rules adopted under this chapter)). The director may require the shipper
or receiver to file a copy of the manifest of nursery cargo or shipment of
horticultural plants into this state with the director ((in Olympia,
Washington,)) on or before the date ((such)) the
horticultural plants enter into the state ((of Washington)).
(2)
The director may by rule require that any or all such horticultural plants
delivered or shipped into the state be inspected for conformance with the
requirements of this chapter ((and rules adopted under this chapter,))
prior to release by the person delivering or transporting such horticultural
plants ((into this state)) even though accompanied by acceptable
inspection certificates issued by the state or country of origin.
(3)
Any shipment found not to be in compliance with the requirements of this
chapter may be returned to the consignor at the consignor's expense. The
consignor may subsequently request a hearing which shall be held in conformance
with RCW 34.05.479 or other applicable provision of chapter 34.05 RCW.
Sec.
19. RCW
15.13.410 and 1993 c 120 s 11 are each amended to read as follows:
Each
shipment of horticultural plants transported or shipped into the state and/or
offered for retail sale within the state shall be legibly marked or tagged in a
conspicuous manner.
(((1)
The department shall by rule establish marking or tagging requirements for the
following plant types:
(a)
Fruit trees and ornamental trees and shrubs;
(b)
Perennial plants;
(c)
Flowering and nonflowering annuals and biennials;
(d)
Turf grasses;
(e)
Collected horticultural plants; and
(f)
Aquatic and semi-aquatic plants.
(2)
When plants, other than floricultural products are on display for retail sale,
each unit of sale shall be tagged as prescribed in rule.
(3))) The director
may, whenever the director finds that any horticultural plant is not properly
marked, order it off sale until it is properly marked, or order that it be
returned to the consignor for proper marking.
Sec.
20. RCW
15.13.420 and 1993 c 120 s 12 are each amended to read as follows:
It
((shall be)) is unlawful for any person:
(1)
To falsely ((represent that the person is the)) claim to be an
agent or representative of any nursery dealer in horticultural plants;
(2)
((To deceive or defraud another in the sale of horticultural plants by
substituting inferior or different grades from those ordered;
(3)
To bring into this state or to sell, offer for sale, hold for sale, distribute,
ship or deliver any horticultural plants not in conformity with standards
established in rule concerning infestation by plant pests;
(4))) To
sell((, offer for sale, hold for sale, solicit orders for)) or
distribute horticultural plants by any method which has the capacity and
tendency or effect of deceiving any purchaser or prospective purchaser as to
the quantity, size, grade, kind, species, age, method of propagation,
maturity, condition, vigor, hardiness, number of times transplanted, growth
ability, growth characteristics, rate of growth or time required before
flowering or fruiting, price, origin or place where grown, or in any other
material respect;
(((5)))
(3) To alter an official certificate or other official inspection
document for plant materials covered by this chapter or to falsely represent
a document as an official certificate ((when such is not the case));
(((6)
To make the following representations directly or indirectly, without limiting
the effects of this section:
(a)
That any horticultural plant has been propagated by grafting or budding
methods, when such is not the fact;
(b)
That any horticultural plant is healthy and will grow anywhere without the use
of fertilizer, or will survive and produce without special care, when such is
not a fact;
(c)
That any horticultural plant blooms the year around, or will bear an
extraordinary number of blooms of unusual size or quality, when such is not a
fact;
(d)
That any horticultural plant is a new variety, when in fact it is a standard
variety to which the person who is selling or holding such horticultural plant
for sale has given a new name;
(e)
That any horticultural plant cannot be purchased through usual outlets, or that
limited stocks are available, when such is not the fact;
(f)
That any horticultural plant offered for sale will be delivered in time for the
next, or any specified, seasonal planting when the seller is aware of factors
which make such delivery improbable;
(g)
That the appearance of any horticultural plant is normal or usual when the
appearance so represented is in fact abnormal or unusual;
(h)
That the root system of any horticultural plant is appreciably larger than that
which actually exists, whether accomplished by means of packaging, balling or
otherwise;
(i)
That bulblets are bulbs;
(j)
That any horticultural plant is rare or an unusual item, when such is not the
fact;
(7)
To sell, offer for sale or hold for sale, or plant for another person any
horticultural plants on the basis of grade, unless such horticultural plants have
been graded and/or classified and meet the standards prescribed by the director
for such grades and/or classifications;
(8))) (4)
To substitute any ((other)) horticultural plant or agricultural
commodity for a horticultural plant or agricultural commodity
covered by an inspection certificate((;
(9)
To sell, offer for sale, or hold for sale, or plant for another person, any
horticultural plant which is dead, in a dying condition, seriously broken,
frozen, or damaged, or abnormally potbound)).
Sec.
21. RCW
15.13.425 and 1993 c 120 s 13 are each amended to read as follows:
No
publisher, radio and television broadcast licensee, advertising agency, or
agency or medium for the dissemination of an advertisement, except the grower,
packer, distributor, or seller of the article to which the advertisement
relates, shall be subject to the penalties of RCW 15.13.490(2) by reason
of dissemination of any false advertisement, unless the person has refused on
the request of the director to furnish the name and address of the grower,
packer, distributor, seller, or advertising agency in the state of Washington,
who caused dissemination of the false advertisement.
Sec.
22. RCW
15.13.430 and 1993 c 120 s 14 are each amended to read as follows:
When
the ((department)) director has cause to believe that any
horticultural plants are damaged or are infested or infected by any
plant pest, ((chemical or other damage,)) the director may issue a hold
order on such ((horticulture)) horticultural plants. A hold
order may prescribe conditions under which plants must be held to prevent
spread of the infestation or infection. Treatment or other corrective measures
shall be the sole responsibility of the persons holding the plant material for
sale. It ((shall be)) is unlawful to sell((, offer for sale,))
or move such plants until released in writing by the director.
Sec.
23. RCW
15.13.440 and 1993 c 120 s 15 are each amended to read as follows:
The
director shall condemn any ((or all)) horticultural plants ((in a
shipment or)) shipped or sold when ((any)) such horticultural
plants ((are held for sale, or offered for sale and they)) are found to
be dead, in a dying condition, seriously broken, diseased((,)) or
infested ((with harmful insects)) to the extent that treatment is not
practical, damaged ((or)), frozen, or abnormally potbound
((and)). The director shall order such horticultural plants to
be destroyed or returned at shipper's option.
Sec.
24. RCW
15.13.445 and 1993 c 120 s 16 are each amended to read as follows:
Upon
issuance of an order or upon action by the director under RCW 15.13.400,
15.13.410, 15.13.430, or 15.13.440, the ((seller or holder)) consignor
of the plant material ((is entitled to)) may request a hearing
under chapter 34.05 RCW.
NEW
SECTION. Sec. 25. A
new section is added to chapter 15.13 RCW to read as follows:
No
state court shall allow the recovery of damages from administrative action,
hold order, or condemnation order if the court finds there was probable cause
for the action.
Sec.
26. RCW
15.13.450 and 1971 ex.s. c 33 s 21 are each amended to read as follows:
The
director may bring an action to enjoin the violation of any provision of this
chapter or any rule adopted ((pursuant to)) under this chapter in
the superior court in Thurston county or the county in which ((such))
the violation occurs, notwithstanding the existence of other remedies at
law.
Sec.
27. RCW
15.13.455 and 1983 1st ex.s. c 73 s 7 are each amended to read as follows:
(1)
The director ((is hereby authorized to)) may apply to the
superior court of Thurston county for a prompt hearing on, and ((such)) the
court shall have jurisdiction upon, and for cause shown the court shall,
without proof that an adequate remedy at law does not exist, grant((, a
temporary or permanent)) an injunction restraining any person from
operating as a nursery dealer without a valid license.
(2)
An order restraining any person from operating as a nursery dealer without a
valid license shall contain such provision for the payment of pertinent court
costs and reasonable attorneys' fees and administrative expenses as is
equitable and the court deems appropriate in the circumstances.
Sec.
28. RCW
15.13.470 and 1999 c 144 s 16 are each amended to read as follows:
(1)
Except as provided in RCW 15.13.285 and in subsections (2) and
(3) of this section, all moneys collected under this chapter shall be paid
to the director, deposited in an account within the agricultural local fund,
and used solely for carrying out this chapter ((and rules adopted under this
chapter)). No appropriation is required for the disbursement of moneys
from the account by the director.
(2)
All fees collected for fruit tree, fruit tree related ornamental tree, and
fruit tree rootstock assessments as set forth in this chapter shall be
deposited in the planting stock certification account within the agricultural
local fund to be used only for the Washington fruit tree and fruit tree related
ornamental tree certification and nursery improvement programs as set forth in
this chapter and chapter 15.14 RCW.
(3)
All moneys collected for civil penalties under this chapter shall be deposited
in the nursery research account within the agricultural local fund.
NEW
SECTION. Sec. 29. A
new section is added to chapter 15.13 RCW to read as follows:
The
director may enter into compliance agreements with any person for the purpose
of carrying out the provisions of this chapter.
Sec.
30. RCW
15.13.480 and 1993 c 120 s 18 are each amended to read as follows:
The
director may cooperate with and enter into contracts or agreements with
governmental agencies of this state((,)) and other states ((and)),
agencies of the federal government, and any other organization in order
to carry out the purpose and provisions of this chapter.
The
director may enter into agreements with the United States department of
agriculture for the ((issuance of)) purpose of issuing
phytosanitary certificates and other inspection documents, according to federal
procedures, to facilitate the export of ((nursery)) products from the
state.
Sec.
31. RCW
15.13.490 and 1990 c 261 s 14 are each amended to read as follows:
((A))
Any person who fails to comply with this chapter ((or the rules
adopted under it)) may be ((subjected)) subject to:
(1)
Denial, revocation, or suspension of the person's nursery dealer license;
and/or
(2)
A civil penalty((, as determined by the director,)) in an amount of
not more than one thousand dollars for each violation. Each violation shall be
a separate and distinct offense. Every person who, through an act of
commission or omission, procures, aids, or abets in the violation shall be
considered to have violated this section and may be subject to the civil
penalty provided in this section.
NEW
SECTION. Sec. 32. RCW
15.13.460, 15.13.930, and 15.13.950 are each decodified.
NEW
SECTION. Sec. 33. A
new section is added to chapter 15.09 RCW to read as follows:
Funding
of the operating budget of a horticultural pest and disease board may be
derived from any or all of the following:
(1)
Moneys from the county general fund or other general revenues, as appropriated
by the board of county commissioners or other county legislative authority;
(2)
A horticultural tax, as authorized in RCW 15.08.260, levied by the county board
of commissioners or other county legislative authority; or
(3)
An assessment against all lands.
NEW
SECTION. Sec. 34. A
new section is added to chapter 15.09 RCW to read as follows:
(1)
Prior to the levying of an assessment authorized in section 33 of this act, the
horticultural pest and disease board shall hold a public hearing at which it
will gather information to serve as a basis for classification and then
classify the lands into suitable classification, including but not limited to
orchard lands, range lands, dry lands, nonuse lands, forest lands, or federal
lands.
(2)
The board shall develop and forward to the county board of commissioners or
other county legislative authority, as a proposed level of assessment for each
class, an amount that seems just. The assessment rate shall be either uniform
per acre in its respective class, a flat rate per parcel, or a flat rate per
parcel rate plus a uniform rate per acre: PROVIDED, That if no benefits are
found to accrue to a class of land, a zero assessment may be levied.
(3)
The county board of commissioners or other county legislative authority, upon
receipt of the proposed levels of assessment from the horticultural pest and
disease board, after a hearing, shall accept or modify by resolution, or refer
back to the horticultural pest and disease board for its reconsideration, all
or any portion of the proposed levels of assessment.
(4)
The amount of the assessment constitutes a lien against the property. The
assessments shall be subject to the same provisions as those for property tax
collections, as provided in RCW 84.56.020, and shall be collected by the county
treasurer under the authority in RCW 84.56.035.
NEW
SECTION. Sec. 35. A
new section is added to chapter 15.09 RCW to read as follows:
The
horticultural pest and disease board may enter into contracts and agreements
with federal, state, and local government agencies, Indian tribes, and any
other organization to perform any duties pursuant to the identification,
detection, control, or eradication of horticultural pests and diseases.
NEW
SECTION. Sec. 36. The
following acts or parts of acts are each repealed:
(1) RCW 15.09.130
(Operating moneys) and 1969 c 113 s 13; and
(2) RCW
15.13.350 (Denial, suspension, revocation of license--Grounds)
and 1990 c 261 s 7, 1989 c 175 s 43, & 1971 ex.s. c 33 s 11.
