S-0712.3 _______________________________________________
SENATE BILL 5825
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Senators Owen and Winsley
Read first time 02/16/93. Referred to Committee on Natural Resources.
AN ACT Relating to wild mushroom sales; amending RCW 15.90.010, 15.90.020, 15.90.030, 15.90.040, and 15.90.060; adding new sections to chapter 15.90 RCW; decodifying RCW 15.90.901; repealing RCW 15.90.900; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 15.90.010 and 1990 c 20 s 1 are each amended to read as follows:
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)) "Handle"
means to purchase, process, or transport wild mushrooms.
(3) "Mushroom buyer" means ((a
person)) an individual who buys wild mushrooms from ((a mushroom
harvester)) any source for ((eventual resale)) the account
of a mushroom dealer.
(4) "Mushroom harvester" means ((a
person)) an individual who picks wild mushrooms for sale ((or who
picks wild mushrooms as an employee of a mushroom buyer or dealer)).
(5) "Mushroom dealer" means ((a
person)) an individual, other than a mushroom buyer, who ((purchases
and)) handles wild mushrooms in any manner ((whatsoever)) for
eventual resale, either wholesale or retail.
(6) "Nonresident mushroom buyer" means a mushroom buyer who has not fulfilled the qualifications of a resident mushroom buyer.
(7) "Nonresident mushroom dealer" means a mushroom dealer who has not fulfilled the qualifications of a resident mushroom dealer.
(8) "Resident mushroom buyer" means a mushroom buyer who has maintained a permanent place of abode within this state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing in this state, and who is not licensed as a resident mushroom buyer in another state.
(9) "Resident mushroom dealer" means a mushroom dealer who has maintained a permanent place of abode within this state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing in this state, and who is not licensed as a mushroom dealer in another state.
(10) "Wild mushroom" means a mushroom that is not cultivated or propagated by artificial means.
Sec. 2. RCW 15.90.020 and 1990 c 20 s 2 are each amended to read as follows:
(1) A person may not act as a mushroom buyer or
mushroom dealer without an annual license. ((Any)) A 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) Resident mushroom buyer, seventy-five dollars;
(b) Nonresident mushroom buyer, one hundred fifty dollars;
(c) Resident mushroom dealer, ((three
hundred seventy-five)) one thousand dollars;
(d) Nonresident mushroom dealer, two thousand dollars.
(2) The mushroom buyer or mushroom dealer shall
display the license ((in a manner)) visible to the public as
prescribed by the department by rule.
Sec. 3. RCW 15.90.030 and 1990 c 20 s 3 are each amended to read as follows:
(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 wild mushrooms
were ((purchased)) bought by the mushroom buyer;
(b) The amount((,)) by weight((,))
of each species of wild mushroom((s)) obtained;
(c) The ((approximate location)) county
of the harvest site;
(d) The date ((that)) the wild
mushrooms were harvested;
(e) The price paid to the mushroom harvester;
(f) The name, address, and license number of
the mushroom dealer ((to)) for whom the wild mushrooms ((are
sold)) were bought;
(g) Any additional information that the
department((, by rule,)) may require by rule.
(2) A form((s)) completed under
this section shall be mailed or delivered to the department within the
fifteen-day((s after)) period immediately following the
end of the month in which the wild mushrooms were delivered to ((the))
a mushroom dealer.
(3) A mushroom dealer((s)) shall
comply with ((the requirements of)) this section when obtaining wild
mushrooms from any source other than a licensed mushroom buyer.
Sec. 4. RCW 15.90.040 and 1990 c 20 s 4 are each amended to read as follows:
(1) A mushroom dealer((s)) shall
((annually, by December 31,)) on the first of each month complete
and mail or deliver to the department a form prescribed by the department that
includes the following information on the prior month's activity for
each ((variety)) species of wild mushroom((s)):
(a) The county where picked;
(b) The weight harvested;
(c) The special assessment paid to the department under section 8 of this act;
(d) The quantity by weight sold within Washington, within the United States outside Washington, and to individual foreign countries; and
(((b) Any)) (e) Additional
information that the department((, by rule,)) may require by rule.
(2) The department shall on March 1st of
each year publish wild mushroom harvest totals ((in conjunction
with United States department of agriculture crop reporting statistics as well
as)) and a compilation of the information received under subsection
(1)(((a))) of this section.
Sec. 5. RCW 15.90.060 and 1988 c 230 s 6 are each amended to read as follows:
(1) A person who fails to comply with this chapter or rules adopted under this chapter commits a civil infraction and is subject to a civil penalty in an amount determined by the director of not more than five thousand dollars for each violation.
(2) The department is authorized to
issue and enforce class I 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.))
(3) Each violation of this chapter or rules adopted under this chapter is a separate offense.
(4) A person who, through an act of commission or omission, procures, aids, or abets in a violation of this chapter or rules adopted under this chapter commits a civil infraction and is subject to the civil penalty provided in this section.
NEW SECTION. Sec. 6. A mushroom dealer shall submit monthly to the department the names and locations of buyers that buy wild mushrooms on the mushroom dealer's behalf.
NEW SECTION. Sec. 7. (1) Any person shall have in his or her possession while commercially transporting wild mushrooms, either as the owner of the mushrooms or as a commercial hauler, a bill of lading or manifest of cargo on a form provided by the department.
(2) Any bill of lading or manifest of cargo shall include the following:
(a) Name, address, and license number of the mushroom dealer who owns the wild mushrooms;
(b) Species and weight of the wild mushrooms being transported; and
(c) Delivery destination by name and address.
(3) A bill of lading or a manifest of cargo required by subsection (1) of this section or a record containing the same information for each shipment of wild mushrooms transported or received by a mushroom dealer shall be kept for a period of three years by the mushroom dealer.
NEW SECTION. Sec. 8. A mushroom dealer shall pay a special assessment of ten cents per pound to the department for all species of wild mushroom harvested or bought in this state. Special assessment moneys received by the department under this section shall be deposited in the mushroom inspection account established in section 9 of this act.
NEW SECTION. Sec. 9. The mushroom inspection account is created in the custody of the state treasury. All receipts from the special assessment under section 8 of this act shall be deposited into the account. The balance in the account shall not exceed three hundred thousand dollars and any excess shall be deposited in the state general fund. Expenditures from the account may be used only for the administration of this chapter. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
NEW SECTION. Sec. 10. (1) The director or an appointed officer of the department may stop any vehicle on any public road in this state if there is reasonable cause to believe that the vehicle contains wild mushrooms being handled in any manner subject to the provisions of this chapter.
(2) Any person who fails to stop a vehicle when directed to do so under subsection (1) of this section is subject to the penalties provided under section 5 of this act.
(3) A vehicle may be impounded, and its cargo of wild mushrooms embargoed, by the director or an appointed officer of the department for violation of this chapter.
(4) A wild mushroom cargo which is embargoed under subsection (3) of this section may be released by the director or an appointed officer of the department only upon compliance with this chapter.
NEW SECTION. Sec. 11. The director may bring an action to enjoin a violation or threatened violation of any provision of this chapter or rule adopted under this chapter in the superior court in the county in which the violation occurs or is about to occur.
NEW SECTION. Sec. 12. The director may refuse to grant or renew a license, may revoke or suspend a license, or may issue a conditional or probationary order if the director is satisfied after a hearing pursuant to chapter 34.05 RCW, the administrative procedure act, of the existence of any of the following facts, each of which is a violation of this chapter:
(1) A licensee has failed to pay the special assessment under section 8 of this act or has failed to pay the special assessment in the manner prescribed under section 4 of this act.
(2) An applicant for an original license or an applicant for renewal of a license has operated in the manner of a licensee without first obtaining a license to operate in the appropriate license category.
(3) A licensee has failed to comply with the recordkeeping or record reporting requirements of this chapter.
(4) A licensee has failed to provide the director with access to records required under this chapter or any rules adopted under this chapter.
(5) A licensee has falsified any information reported to the director regarding the handling of any wild mushrooms.
(6) A licensee was guilty of deception in the procurement of any license provided under this chapter.
(7) A mushroom dealer has knowingly employed a mushroom buyer, as defined in this chapter, without causing the mushroom buyer to comply with the licensing requirements of this chapter applicable to mushroom buyers.
NEW SECTION. Sec. 13. Sections 6 through 12 of this act are each added to chapter 15.90 RCW.
NEW SECTION. Sec. 14. RCW 15.90.901 is decodified.
NEW SECTION. Sec. 15. RCW 15.90.900 and 1988 c 230 s 9 are each repealed.
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