S-0757.5 _______________________________________________
SENATE BILL 5850
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State of Washington 53rd Legislature 1993 Regular Session
By Senators M. Rasmussen, Loveland and Barr
Read first time 02/17/93. Referred to Committee on Agriculture.
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 a person selling such products exclusively at retail, 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, nor does it mean any person who is an "extractor" within the meaning of RCW 82.04.100.
"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 exclusively 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.
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