CERTIFICATION OF ENROLLMENT

 

                        HOUSE BILL 1347

 

 

 

 

 

                        53rd Legislature

                      1993 Regular Session

Passed by the House March 10, 1993

  Yeas 97   Nays 0

 

 

 

Speaker of the

       House of Representatives

 

Passed by the Senate March 6, 1993

  Yeas 45   Nays 1

               CERTIFICATE

 

I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1347 as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

President of the Senate

                               Chief Clerk

 

 

Approved Place Style On Codes above, and Style Off Codes below.

                                     FILED

          

 

 

Governor of the State of Washington

                        Secretary of State

                       State of Washington


                              _______________________________________________

 

                                                      HOUSE BILL 1347

                              _______________________________________________

 

                                                       Passed Legislature - 1993 Regular Session

 

 

State of Washington                              53rd Legislature                             1993 Regular Session

 

By Representatives Forner, Rayburn, Dyer, Thomas, Wood, Morton and Silver

 

Read first time 01/25/93.  Referred to Committee on Agriculture & Rural Development.

 

Authorizing the department of agriculture to control diseases in alpacas and llamas.


          AN ACT Relating to camelids; amending RCW 15.65.020 and 15.66.010; adding a new section to chapter 16.36 RCW; and adding a new section to chapter 77.12 RCW.

 

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

 

          NEW SECTION.  Sec. 1.  A new section is added to chapter 16.36 RCW to read as follows:

          The authority of the director of agriculture to prevent, control, and suppress in this state diseases in llamas and alpacas shall be the same as the director's authority to take such actions under this chapter with regard to any other domestic animal, including but not limited to livestock.

 

        Sec. 2.  RCW 15.65.020 and 1986 c 203 s 15 are each amended to read as follows:

          The following terms are hereby defined:

          (1) "Director" means the director of agriculture of the state of Washington or his duly appointed representative.  The phrase "director or his designee" means the director unless, in the provisions of any marketing agreement or order, he has designated an administrator, board or other designee to act for him in the matter designated, in which case "director or his designee" means for such order or agreement the administrator, board or other person(s) so designated and not the director.

          (2) "Department" means the department of agriculture of the state of Washington.

          (3) "Marketing order" means an order issued by the director pursuant to this chapter.

          (4) "Marketing agreement" means an agreement entered into and issued by the director pursuant to this chapter.

          (5) "Agricultural commodity" means llamas, alpacas, or any other animal or any distinctive type of agricultural, horticultural, viticultural, floricultural, vegetable, or animal product, including, but not limited to, products qualifying as organic food products under chapter 15.86 RCW and private sector cultured aquatic products as defined in RCW 15.85.020 and other fish and fish products, either in its natural or processed state, including bees and honey and Christmas trees but not including timber or timber products.  The director is hereby authorized to determine (on the basis of common usage and practice) what kinds, types or sub-types should be classed together as an agricultural commodity for the purposes of this chapter.

          (6) "Production area" and "marketing area" means any area defined as such in any marketing order or agreement in accordance with RCW 15.65.350.  "Affected area" means the marketing or production area so defined in such order, agreement or proposal.

          (7) "Unit" of an agricultural commodity means a unit of volume, weight, quantity, or other measure in which such commodity is commonly measured.  The director shall designate in each marketing order and agreement the unit to be used therein.

          (8) "Affected unit" means in the case of marketing agreements and orders drawn on the basis of a production area, any unit of the commodity specified in or covered by such agreement or order which is produced in such area and sold or marketed or delivered for sale or marketing; and "affected unit" means, in the case of marketing agreements and orders drawn on the basis of marketing area, any unit of the commodity specified in or covered by such agreement or order which is stored in frozen condition or sold or marketed or delivered for sale or marketing within such marketing area:  PROVIDED, That in the case of marketing agreements "affected unit" shall include only those units which are produced by producers or handled by handlers who have assented to such agreement.

          (9) "Affected commodity" means that part or portion of any agricultural commodity which is covered by or forms the subject matter of any marketing agreement or order or proposal, and includes all affected units thereof as herein defined and no others.

          (10) "Producer" means any person engaged in the business of producing any agricultural commodity for market in commercial quantities.  "Affected producer" means any producer of an affected commodity.  "To produce" means to act as a producer.  For the purposes of RCW 15.65.140 and 15.65.160 as now or hereafter amended "producer" shall include bailees who contract to produce or grow any agricultural product on behalf of a bailor who retains title to the seed and its resulting agricultural product or the agricultural product delivered for further production or increase.

          (11) "Handler" means any person who acts, either as principal, agent or otherwise, in processing, selling, marketing or distributing an agricultural commodity or storage of a frozen agricultural commodity which was not produced by him.  "Handler" does not mean a common carrier used to transport an agricultural commodity.  "Affected handler" means any handler of an affected commodity.  "To handle" means to act as a handler.

          (12) "Producer-handler" means any person who acts both as a producer and as a handler with respect to any agricultural commodity.  A producer-handler shall be deemed to be a producer with respect to the agricultural commodities which he produces, and a handler with respect to the agricultural commodities which he handles, including those produced by himself.

          (13) "Cooperative association" means any incorporated or unincorporated association of producers which conforms to the qualifications set out in the act of congress of the United States of February 18, 1922 as amended, known as the "Capper-Volstead Act" and which is engaged in making collective sales or in marketing any agricultural commodity or product thereof or in rendering service for or advancing the interests of the producers of such commodity on a nonprofit cooperative basis.

          (14) "Member of a cooperative association" means any producer who markets his product through such cooperative association and who is a voting stockholder of or has a vote in the control of or is a party to a marketing agreement with such cooperative association with respect to such product.

          (15) "Producer marketing" or "marketed by producers" means any or all operations performed by any producer or cooperative association of producers in preparing for market and marketing, and shall include:  (a) selling any agricultural commodity produced by such producer(s) to any handler; (b) delivering any such commodity or otherwise disposing of it for commercial purposes to or through any handler.

          (16) "Commercial quantities" as applied to producers and/or production means such quantities per year (or other period of time) of an agricultural commodity as the director finds are not less than the minimum which a prudent man engaged in agricultural production would produce for the purpose of making such quantity of such commodity a substantial contribution to the economic operation of the farm on which such commodity is produced.  "Commercial quantities" as applied to handlers and/or handling means such quantities per year (or other period of time) of an agricultural commodity or product thereof as the director finds are not less than the minimum which a prudent man engaged in such handling would handle for the purpose of making such quantity a substantial contribution to the handling operation in which such commodity or product thereof is so handled.  In either case the director may in his discretion:  (a) determine that substantial quantity is any amount above zero; and (b) apply the quantity so determined on a uniform rule applicable alike to all persons which he finds to be similarly situated.

          (17) "Commodity board" means any board established pursuant to RCW 15.65.220.  "Board" means any such commodity board unless a different board is expressly specified.

          (18) "Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter or trade.

          (19) "Section" means a section of this chapter unless some other statute is specifically mentioned.  The present includes the past and future tenses, and the past or future the present.  The masculine gender includes the feminine and neuter.  The singular number includes the plural and the plural includes the singular.

          (20) "Represented in a referendum" means that a written document evidencing approval or assent or disapproval or dissent is duly and timely filed with or mailed to the director by or on behalf of an affected producer and/or a volume of production of an affected commodity in a form which the director finds meets the requirements of this chapter.

          (21) "Person" as used in this chapter shall mean any person, firm, association or corporation.

 

        Sec. 3.  RCW 15.66.010 and 1986 c 203 s 16 are each amended to read as follows:

          For the purposes of this chapter:

          (1) "Director" means the director of agriculture of the state of Washington or any qualified person or persons designated by the director of agriculture to act for him concerning some matter under this chapter.

          (2) "Department" means the department of agriculture of the state of Washington.

          (3) "Marketing order" means an order issued by the director pursuant to this chapter.

          (4) "Agricultural commodity" means llamas, alpacas, or any other animal or any distinctive type of agricultural, horticultural, viticultural, vegetable, and/or animal product, including, but not limited to, products qualifying as organic food products under chapter 15.86 RCW and private sector cultured aquatic products as defined in RCW 15.85.020 and other fish and fish products, within its natural or processed state, including bees and honey and Christmas trees but not including timber or timber products.  The director is authorized to determine what kinds, types or subtypes should be classed together as an agricultural commodity for the purposes of this chapter.

          (5) "Producer" means any person engaged in the business of producing or causing to be produced for market in commercial quantities any agricultural commodity.  For the purposes of RCW 15.66.060, 15.66.090, and 15.66.120, as now or hereafter amended "producer" shall include bailees who contract to produce or grow any agricultural product on behalf of a bailor who retains title to the seed and its resulting agricultural product or the agricultural product delivered for further production or increase.

          (6) "Affected producer" means any producer of an affected commodity.

          (7) "Affected commodity" means any agricultural commodity for which the director has established a list of producers pursuant to RCW 15.66.060.

          (8) "Commodity commission" or "commission" means a commission formed to carry out the purposes of this chapter under a particular marketing order concerning an affected commodity.

          (9) "Unit" means a unit of volume, quantity or other measure in which an agricultural commodity is commonly measured.

          (10) "Unfair trade practice" means any practice which is unlawful or prohibited under the laws of the state of Washington including but not limited to Titles 15, 16 and 69 RCW and chapters 9.16, 19.77, 19.80, 19.84, and 19.83 RCW, or any practice, whether concerning interstate or intrastate commerce that is unlawful under the provisions of the act of Congress of the United States, September 26, 1914, chapter 311, section 5, 38 U.S. Statutes at Large 719 as amended, known as the "Federal Trade Commission Act of 1914", or the violation of or failure accurately to label as to grades and standards in accordance with any lawfully established grades or standards or labels.

          (11) "Person" includes any individual, firm, corporation, trust, association, partnership, society, or any other organization of individuals.

          (12) "Cooperative association" means any incorporated or unincorporated association of producers which conforms to the qualifications set out in the act of Congress of the United States, Feb. 18, 1922, chapter 57, sections 1 and 2, 42 U.S. Statutes at Large 388 as amended, known as the "Capper-Volstead Act" and which is engaged in making collective sales or in marketing any agricultural commodity or product thereof or in rendering service for or advancing the interests of the producers of such commodity on a nonprofit cooperative basis.

          (13) "Member of a cooperative association" or "member" means any producer of an agricultural commodity who markets his product through such cooperative association and who is a voting stockholder of or has a vote in the control of or is under a marketing agreement with such cooperative association with respect to such product.

 

          NEW SECTION.  Sec. 4.  A new section is added to chapter 77.12 RCW to read as follows:

          The authority of the department of wildlife does not extend to preventing, controlling, or suppressing diseases in llamas or alpacas or to controlling the movement or sale of llamas or alpacas.

          This section shall not be construed as granting or denying authority to the department of wildlife to prevent, control, or suppress diseases in any animals other than llamas and alpacas.

 


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