AN
ACT Relating to the inspection and certification of horticultural products;
amending RCW 15.17.010, 15.17.020, 15.17.030, 15.17.050, 15.17.060, 15.17.080,
15.17.090, 15.17.130, 15.17.140, 15.17.150, 15.17.170, 15.17.190, 15.17.200,
15.17.210, 15.17.230, 15.17.240, 15.17.260, 15.17.290, 15.04.100, and
42.17.31909; adding new sections to chapter 15.17 RCW; adding a new chapter to
Title 15 RCW; creating a new section; recodifying RCW 15.04.100 and 15.17.130;
repealing RCW 15.17.040, 15.17.070, 15.17.100, 15.17.110, 15.17.115, 15.17.120,
15.17.160, 15.17.180, 15.17.220, 15.17.250, 15.17.280, 15.17.910, 15.17.920,
15.17.930, 15.17.950, 15.04.020, 15.04.030, 15.04.040, 15.04.060, 15.04.070,
and 15.04.080; decodifying RCW 15.17.950; and prescribing penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
15.17.010 and 1963 c 122 s 1 are each amended to read as follows:
The
purpose of this chapter is to provide for the fair and orderly marketing of
fruits and vegetables in the state of Washington by establishing uniform
grades and standards ((for horticultural plants and products)) and ((to
provide)) by providing for the inspection of ((such horticultural
plants or)) these products ((in the state of Washington)).
This chapter is ((important and)) vital to ((the maintenance of a
high level of public health and welfare of the citizens of this state by))
protecting the national and international reputation of ((horticultural
plants and)) fruit and vegetable products grown and shipped from
this state and protecting ((the citizens of this state)) consumers
from the ((importation and)) sale of ((ungraded, immature, and))
inferior ((horticultural plants and products so as to prevent a condition
conducive to substitution, confusion, deception, and fraud, a condition which
if permitted to exist would tend to interfere with the orderly and fair
marketing of horticultural plants and products essential to the well being of the
citizens of this state. It is hereby declared that)) and misrepresented
fruits and vegetables. This chapter is enacted in the exercise of the
police power of this state for the purpose of protecting the immediate and
future health, safety, and general welfare of the citizens of this state.
Sec.
2. RCW
15.17.020 and 1996 c 188 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 his duly
authorized representative.
(3)
"Person" means a natural person, individual, or firm, partnership,
corporation, company, society, and association, and every officer, agent, or
employee thereof. This term shall import either the singular or plural, as the
case may be.
(4)
"Horticultural plant or product" includes, but is not limited to, any
horticultural, floricultural, viticultural, and olericultural plant, growing or
otherwise, and their products whether grown above or below the ground's
surface.
(5)
"Horticultural facilities" means, but is not limited to, the premises
where horticultural plants and products are grown, stored, handled, or
delivered for sale or transportation, records required by rule under this
chapter, and all vehicles and equipment, whether aerial or surface, used to
transport such horticultural plants or products.
(6)
"Deceptive pack" means the pack of any container which has in the
outer layer or any exposed surface, horticultural plants or products which are
in quality, size, condition, or any other respect so superior to those in the
interior of the container in the unexposed portion as to materially
misrepresent the contents. Such pack is deceptive when the outer or exposed
surface is composed of horticultural plants or products whose size is not an
accurate representation of the variation of the size of such horticultural
plants or products in the entire container, even though such horticultural
plants or products in the container are virtually uniform in size or comply
with the specific horticultural plant or product for which the director in
prescribing standards for grading and classifying has prescribed size
variations or if such size variations are prescribed by law.
(7)
"Deceptive arrangement or display" of any horticultural plants or
products, means any bulk lot or load, arrangement or display of such
horticultural plants or products which has in the exposed surface,
horticultural plants or products which are so superior in quality, size,
condition, or any other respect to those which are concealed, or the unexposed
portion, as to materially misrepresent any part of such bulk lot or load,
arrangement, or display.
(8)
"Mislabel" means the placing or presence of any false or misleading
statement, design, or device upon any container, or upon the label or lining of
any such container, or upon the wrapper of any horticultural plants or
products, or upon any such horticultural plants or products, or any placard
used in connection therewith and having reference to such horticultural plants
or products. A statement, design, or device is false or misleading when the
horticultural plant or product or container to which it refers does not conform
to such statement.
(9)
"Container" means any container, subcontainer used within a
container, or any type of a container used to prepackage any horticultural
plants or products: PROVIDED, That this does not include containers used by a
retailer to package such horticultural plants or products sold from a bulk
display to a consumer.
(10)
"Agent" means broker, commission merchant, auctioneer, solicitor,
seller, or consignor, and any other person acting upon the actual or implied
authority of another.
(11)
"Inspection and certification" means, but is not limited to, the
inspection of any horticultural plant or product at any time prior to, during,
or subsequent to harvest, by the director, and the issuance by him of a written
permit to move or sell or a written certificate stating the grade,
classification, and if such horticultural plants or products are free of plant
pests and/or other defects.
(12)
"Plant pests" means, but is not limited to, any living stage of any
insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate
animals, bacteria, fungi, other parasitic plants or reproductive parts thereof,
viruses, or any organisms similar to or allied with any of the foregoing, or
any infectious substance, which can directly or indirectly injure or cause
disease or damage in any plant or parts thereof, or any processed,
manufactured, or other products of plants.)) "Agent"
means broker, commission merchant, solicitor, seller, or consignor, and any
other person acting upon the actual or implied authority of another.
(2)
"Certification" means, but is not limited to, the issuance by the
director of an inspection certificate or other official document stating the
grade, classification, and/or condition of any fruits or vegetables, and/or if
the fruits or vegetables are free of plant pests and/or other defects.
(3)
"Combination grade" means two or more grades packed together as one,
except cull grades, with a minimum percent of the product of the higher grade,
as established by rule.
(4)
"Compliance agreement" means an agreement entered into between the
department and a shipper or packer, that authorizes the shipper or packer to
issue certificates of compliance for fruits and vegetables.
(5)
"Container" means any container or subcontainer used to prepackage
any fruits or vegetables. This does not include a container used by a retailer
to package fruits or vegetables sold from a bulk display to a consumer.
(6)
"Deceptive arrangement or display" means any bulk lot or load,
arrangement, or display of fruits or vegetables which has in the exposed
surface, fruits or vegetables which are so superior in quality, size,
condition, or any other respect to those which are concealed, or the unexposed
portion, as to materially misrepresent any part of the bulk lot or load,
arrangement, or display.
(7)
"Deceptive pack" means the pack of any container which has in the
outer layer or any exposed surface fruits or vegetables which are in quality,
size, condition, or any other respect so superior to those in the interior of
the container in the unexposed portion as to materially misrepresent the
contents. Such pack is deceptive when the outer or exposed surface is composed
of fruits or vegetables whose size is not an accurate representation of the
variation of the size of the fruits or vegetables in the entire container, even
though the fruits or vegetables in the container are virtually uniform in size
or comply with the specific standards adopted under this chapter.
(8)
"Department" means the department of agriculture of the state of
Washington.
(9)
"Director" means the director of the department or his or her duly
authorized representative.
(10)
"District manager" means a person representing the director in charge
of overall operation of a fruit and vegetable inspection district established
under RCW 15.17.230.
(11)
"Facility" means, but is not limited to, the premises where fruits
and vegetables are grown, stored, handled, or delivered for sale or
transportation, and all vehicles and equipment, whether aerial or surface, used
to transport fruits and vegetables.
(12)
"Fruits and vegetables" means any unprocessed fruits or vegetables.
(13)
"Handler" means any person engaged in the business of handling,
selling, processing, storing, shipping, or distributing fruits or vegetables
that he or she has purchased or acquired from a producer.
(14)
"Inspection" means, but is not limited to, the inspection by the
director of any fruits or vegetables at any time prior to, during, or
subsequent to harvest.
(15)
"Mislabel" means the placing or presence of any false or misleading
statement, design, or device upon any wrapper, container, container label or
lining, or any placard used in connection with and having reference to fruits
or vegetables.
(16)
"Person" means any individual, firm, partnership, corporation,
company, society, or association, and every officer, agent, or employee
thereof.
(17)
"Plant pests" means, but is not limited to, any living stage of any
insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate
animals, bacteria, fungi, viruses, or any organisms similar to or allied with
any of the foregoing, or any infectious substance, which can directly or
indirectly injure or cause disease or damage in any plant or parts thereof, or
any processed, manufactured, or other products of plants.
(18)
"Sell" means to sell, offer for sale, hold for sale, or ship or
transport in bulk or in containers.
(19)
"Standards" means grades, classifications, and other inspection
criteria for fruits and vegetables.
Sec.
3. RCW
15.17.030 and 1963 c 122 s 3 are each amended to read as follows:
(1)
The director shall enforce and carry out the provisions of this chapter and may
adopt the necessary rules to carry out its purpose. ((The adoption of rules
shall be subject to the provisions of chapter 34.05 RCW, concerning the
adoption of rules, as enacted or hereafter amended.))
(2)
The director shall, whenever he or she considers the adoption of rules
or amendments to existing rules, consult with growers, associations of growers or
other industry associations, or other persons affected by such rules or
amendments.
(((3)
The director may, on his own motion or shall, on the written application of
twenty-five or more interested persons, call a hearing for the purpose of
considering changes to any rules prescribed under the provisions of this
chapter.))
Sec.
4. RCW
15.17.050 and 1963 c 122 s 5 are each amended to read as follows:
(1)
The director shall adopt rules providing standards for apples, apricots,
Italian prunes, peaches, sweet cherries, pears, potatoes, and asparagus and may
adopt rules providing standards for any other fruit or vegetable. When
establishing these standards, the director shall consider the factors of
maturity, soundness, color, shape, size, and freedom from mechanical and plant
pest injury and other factors important to marketing.
(2)
The director shall adopt rules providing for mandatory inspection of apples,
apricots, Italian prunes, peaches, sweet cherries, pears, and asparagus and may
adopt rules providing for mandatory inspection of any other fruit or vegetable.
(3)
The director may((, unless otherwise provided for by the laws of this state,
or in this chapter, establish)) adopt rules:
(((1)
Providing standards and sizes for grades and/or classifications especially
provided for in this chapter for any horticultural plant or product;
(2)
Providing grades and/or classifications for any horticultural plant or product
not especially provided for in this chapter. In establishing such standards
for grades and/or classifications, the director shall take into account the
factors of maturity, soundness, color, shape, size, and freedom from mechanical
and plant pest injury. When adopting grades and/or classifications for any
horticultural plant or product not especially provided for in this chapter the
director may consider and adopt grades and/or classifications established by
the secretary of agriculture of the United States in effect on July 1, 1963,
and any subsequent amendment to such grades and/or classifications prescribed
by the said secretary;
(3))) (a)
Fixing the sizes and dimensions of containers to be used for the packing or
handling of any ((horticultural plant or product;
(4)
Concerning the inspection of any horticultural plant or product subject to the
provisions of this chapter or in cooperation with the United States government
or any other state;
(5)
Necessary to carry out the purpose and provisions of this chapter)) fruits
or vegetables; and
(b)
Establishing combination grades for fruits and vegetables. The standards for
combination grades shall, by percentage quantities, include two or more of the
grades provided for under this chapter.
Sec.
5. RCW
15.17.060 and 1963 c 122 s 6 are each amended to read as follows:
The
director may adopt any United States ((grade and/or classification)) or
other state's standard for any ((horticultural plant or product
especially provided for in this chapter if such United States grade and/or
classification)) fruits and vegetables, if that standard is determined
by the director to be substantially equivalent to or better than the ((minimum
grade and/or classification especially provided for such horticultural plant or
product in)) standard adopted under this chapter.
Sec.
6. RCW
15.17.080 and 1963 c 122 s 8 are each amended to read as follows:
It
((shall be)) is unlawful for any person to sell ((fresh fruits))
for fresh consumption any fresh fruits classified as culls under the
provisions of this chapter or rules adopted hereunder unless such fruit is
packed in one-half bushel or one bushel wooden baskets ring faced, with the
fruit in the ring face representative of the size and quality of the fruit in
such baskets. ((Such)) The baskets shall be lidded and the words
"cull" including the kind of fruit and variety must appear on the top
and side of each basket and on any label ((thereon)) in clear and
legible letters at least two and one-half inches high. Every bill of lading,
invoice, memorandum, and document referring to ((said)) the fruit
shall designate them as culls.
Sec.
7. RCW
15.17.090 and 1963 c 122 s 9 are each amended to read as follows:
The
director may approve and register a private grade or brand for any ((horticultural
plant or product: PROVIDED, That such)) fruit or vegetable. The
private grade or brand shall not be lower than the second grade and/or
classification established under the provisions of this chapter or rules
adopted ((hereunder)) under this chapter for ((such horticultural
plant or product)) the fruit or vegetable.
Sec.
8. RCW
15.17.130 and 1963 c 122 s 13 are each amended to read as follows:
((The
provisions of)) (1) This chapter ((shall)) does not
apply:
(((1)))
(a) To the movement in bulk of any ((horticultural plant or product))
fruits or vegetables from the premises where they are grown or
produced to a packing shed, warehouse, or processing plant ((within the area
of production prior to inspection and/or grading where such inspection and/or
grading is to be performed at such packing shed, warehouse, or processing
plant; nor
(2))) for
the purpose of storing, grading, packing, labeling, or processing prior to
entering commercial channels for wholesale or retail sale;
(b)
To any processed, canned, frozen, or dehydrated ((horticultural plants or
products; nor
(3)
Shall this chapter prevent the manufacture of)) fruits
or vegetables;
(c)
To any infected ((horticultural plant or product)) or infested
fruits or vegetables to be manufactured into byproducts or ((its
shipment)) to be shipped to a byproducts plant; or
(d)
To the sale of up to five hundred pounds per day of any fruit or vegetable by
any producer or handler directly to an individual ultimate consumer unless
otherwise established by rule for an individual commodity. These fruits and
vegetables shall meet the requirements of RCW 15.17.210(1)(b).
(2) The inspection requirements of this chapter do not apply to
the sale or transportation within a zone of production, as defined by rule, of
any fruit or vegetable named in RCW 15.17.050(1) or any combination of those
fruits and vegetables to a fruit or produce stand or farmers market in a
quantity specified by the director by rule.
Sec.
9. RCW
15.17.140 and 1963 c 122 s 14 are each amended to read as follows:
(1)
Any person financially interested in any ((horticultural plants or products))
fruits or vegetables in this state may ((apply to the director for))
request inspection and/or certification ((as to whether such
horticultural plants or products meet the requirements provided for by the laws
of this state, the provisions of this chapter or rules adopted hereunder, or
the standards for grading and classifying such horticultural plants or products
established by the secretary of the United States department of agriculture, or
by any other state, or by contractual agreement between buyers and sellers of
such horticultural plants or products)) services provided for those
fruits or vegetables under this chapter.
(2)
To facilitate the movement or sale of fruits and vegetables or other
agricultural commodities, the director may provide, if requested by growers or
other interested persons, special inspections or certifications not otherwise
authorized under this chapter and shall prescribe a fee for that service.
(3)
Persons requesting services shall be responsible for payment of fees for those
services prescribed by the director under RCW 15.17.150.
Sec.
10. RCW
15.17.150 and 1963 c 122 s 15 are each amended to read as follows:
The
director shall ((prescribe)) adopt rules establishing the
necessary fees to ((be charged, (1) to the owner or his agent for the
inspection and certification of any horticultural plants or products subject to
the provisions of this chapter or rules adopted hereunder, (2) for inspection
and certification when such inspection and certification is performed at the
request of any person financially interested in any horticultural plants or
products which are, or are not, subject to the provisions of this chapter or
rules adopted hereunder, produced in, or imported into, this state)) recover
the costs of providing inspection and/or certification or other requested
services.
(1)
The fees ((provided for in this section shall become)) are due
and payable ((by the end of the next business day and if such fees are not
paid within the prescribed time the director may withdraw inspection or refuse
to perform any inspection or certification services for the person in arrears:
PROVIDED, That the director in such instances may demand and collect inspection
and certification fees prior to inspecting and certifying any horticultural
plants or products for such person)) upon billing.
(2)
A late fee of one and one-half percent per month on the unpaid balance shall be
assessed against persons more than thirty days in arrears.
(3)
In addition to other penalties, the director may refuse to perform any
inspection or certification service provided under this chapter for any person
in arrears unless the person makes payment in full prior to such inspection or
certification service.
(4)
The director may refuse to perform inspection or certification service for any
person who has failed to pay assessments required by law to any agricultural
commodity commission.
Sec.
11. RCW
15.17.170 and 1963 c 122 s 17 are each amended to read as follows:
Every
inspection certificate or other official document issued by the director
under the provisions of this chapter shall be received in all the courts of the
state as prima facie evidence of the statements therein.
Sec.
12. RCW
15.17.190 and 1963 c 122 s 19 are each amended to read as follows:
The
director may enter during business hours and inspect any ((horticultural))
facility where any ((horticultural plants or products are produced)) fruits
or vegetables are processed, stored, packed, delivered for shipment,
loaded, shipped, being transported, or sold, and may inspect all ((such
horticultural plants or products)) fruits or vegetables and the
containers ((thereof)) and the equipment in ((any such horticultural))
that facility. The director may take for inspection ((such))
representative samples of ((such horticultural plants or products)) fruits
or vegetables and ((such)) containers as may be necessary to
determine whether or not ((provisions of)) this chapter or rules adopted
((hereunder)) under this chapter have been violated((, and may
subject such samples of horticultural plants or products to any method of
inspection or testing. Should)). If the director ((be)) is
denied access to any ((horticultural facilities where such access was sought
for the purpose set forth in this section, he)) facility, the director
may apply to a court of competent jurisdiction for a search warrant authorizing
access to ((such horticultural facilities for said purpose)) the
facility. The court may upon such application issue ((the)) a
search warrant for the purpose requested.
Sec.
13. RCW
15.17.200 and 1987 c 202 s 172 are each amended to read as follows:
((The
director may affix to any such lot or part thereof of horticultural plants or
products a tag or notice of warning that such lot of horticultural plants or
products is held and stating the reasons therefor. It shall be unlawful for
any person other than the director to detach, alter, deface, or destroy any
such tag or notice affixed to any such lot, or part thereof, of horticultural
plants or products, or to remove or dispose of such lot, or part thereof, in
any manner or under conditions other than as prescribed in such tag or notice,
except on the written permission of the director or the court.
The
director shall forthwith cause a notice of noncompliance to be served upon the
person in possession of such lot of horticultural plants or products. The
notice of noncompliance shall include a description of the lot, the place
where, and the reason for which, it is held, and it shall give notice that such
lot of horticultural plants or products is a public nuisance and subject to
disposal as provided in this section unless, within a minimum of seventy-two
hours or such greater time as prescribed in the notice by the director, it is
reconditioned or the deficiency is otherwise corrected so as to bring it into
compliance.
If
the person so served is not the sole owner of such lot of horticultural plants
or products, or does not have the authority as an agent for the owner to bring
it into compliance, it shall be the duty of such person to notify the director
forthwith in writing giving the names and addresses of the owner or owners and
all other persons known to him or her to claim an interest in such lot of
horticultural plants or products. Any person so served shall be liable for any
loss sustained by such owner or other person whose name and address he or she
has knowingly concealed from the director.
If
such lot of horticultural plants or products has not been reconditioned or the
deficiency corrected so as to bring it into compliance within the time
specified in the notice, the director shall forthwith cause a copy of such
notice to be served upon all persons designated in writing by the person in
possession of such lot of horticultural plants or products to be the owner or
to claim an interest therein. Any notice required by this section may be
served personally or by mail addressed to the person to be served at last known
address.
The
director with the written consent of all such persons so served, is hereby
authorized to destroy such lot of horticultural plants or products or otherwise
abate the nuisance. If any such person fails or refuses to give such consent,
then the director shall proceed in the manner provided for such purposes in
this section.
If
such lot of horticultural plants or products is perishable or subject to rapid
deterioration the director may, through the prosecutor in the county where such
horticultural plants or products are held, file a verified petition in the
superior court of the said county to destroy such lot of horticultural plants
or products or otherwise abate the nuisance. The petition shall state the
condition of such lot of horticultural plants or products, that such lot of
horticultural plants or products is held, and that notice of noncompliance has
been served as provided in this chapter. The court may then order that such
lot of horticultural plants or products be forthwith destroyed or the nuisance
otherwise abated as set forth in said order.
If
such lot of horticultural plants or products is not perishable or subject to
rapid deterioration, the director may, through the prosecutor in the county in
which it is located, file a petition within five days of the serving of the
notice of noncompliance upon the owners or person in possession of such lot of
horticultural plants or products in the superior court or district court of the
said county for an order to show cause, returnable in five days, why such lot
of horticultural plants or products should not be abated. The owner or person
in possession, on his or her own motion within five days from the expiration of
the time specified in the notice of noncompliance, may file a petition in such
court for an order to show cause, returnable in five days, why such lot of
horticultural plants or products should not be released to the petitioner and
any warning tags previously affixed removed therefrom.
The
court may enter a judgment ordering that such lot of horticultural plants or
products be condemned and destroyed in the manner directed by the court or
relabeled, or denatured, or otherwise processed, or sold, or released upon such
conditions as the court in its discretion may impose to insure that the
nuisance will be abated. In the event of sale by the owner or the court, the
costs of storage, handling, reconditioning, and disposal shall be deducted from
the proceeds of the sale and the balance, if any, paid into the court for the
owner))
(1)
For the purposes of this section, "lot" means any lot or any part of
a lot.
(2)
When the director determines that any lot of fruits or vegetables fails to
comply with the requirements of this chapter, the director may issue a hold
order prohibiting the sale or movement of that lot except under conditions that
may be prescribed.
(3)(a)
Written notice of the hold order must be provided to the person in possession
of the lot of fruits or vegetables and a tag may be affixed to the lot or its
containers. It is unlawful for any person except the director to alter,
deface, or remove the tag or notice or to move or allow the lot of fruits or
vegetables to be moved except under the conditions prescribed on the tag or
notice.
(b)
The notice shall include:
(i)
A description of the lot that is in noncompliance;
(ii)
The location of the lot;
(iii)
The reason that the hold order is placed on the lot;
(iv)
Any reconditioning, other corrective measures, or diversion to processing that
may be required to release the lot for sale;
(v)
Time frames to affect the reconditioning or other corrective measures; and
(vi)
A reference to the violation of this chapter that provides the basis for the
hold order.
(c)
Any corrective measures required by the notice pursuant to (b)(iv) of this
subsection and the costs associated therewith are the sole responsibility of
the person holding the fruits or vegetables for sale.
(4)
Upon issuance of a hold order by the director under this section, the seller or
holder of the fruits or vegetables may request a hearing. The request for
hearing must be in writing and filed with the director. Any hearing shall be
held in conformance with RCW 34.05.422 and 34.05.479.
Sec.
14. RCW
15.17.210 and 1994 c 67 s 2 are each amended to read as follows:
It
is unlawful:
(1)
To sell((, offer for sale, hold for sale, ship, or transport)) any
((horticultural plants or products)) fruits or vegetables:
(((1)
Subject to the requirements of RCW 15.17.040 unless they meet the requirements;
(2))) (a)
As meeting ((either)) the ((grades or classifications, or both, and))
standards ((and sizes for the grades or classifications as adopted or
amended by the director under RCW 15.17.050 unless they meet the standards and
sizes for either grades or classifications, or both;
(3)
As meeting the standards and sizes for private grades or brands as approved by
the director under RCW 15.17.090 unless they meet the standards and sizes)) for
any fruit or vegetable as prescribed by the director unless they in fact do so;
(((4)))
(b) For which no standards have been established under this chapter unless
ninety percent or more by weight or count, as determined by the director, are
free from plant pest injury that has penetrated or damaged the edible portions
and from worms, mold, slime, or decay;
(c)
In containers other than the size and dimensions prescribed by the director((,
when he or she has prescribed)) by rule ((the size and dimensions for
containers in which any horticultural plants or products will be placed or
packed. However, this subsection shall not apply when any such horticultural
plants or products are being shipped or transported to a packing plant, processing
plant, or cold storage facility for preparation for market));
(((5)))
(d) Unless the containers in which the ((horticultural plants or
products)) fruits or vegetables are placed or packed are marked ((as
prescribed by the director, with either the proper United States or Washington
grade or classification, or both, or private grades or brands of the
horticultural plants or products;
(6)
Unless the containers in which the horticultural plants or products are placed
or packed are marked as prescribed by the director, which may include the
following)) with the proper grade and additional information
as may be prescribed by rule. The additional information may include:
(((a)))
(i) The name and address of the grower, or packer, or distributor;
(((b)))
(ii) The varieties of the ((horticultural plants or products)) fruits
or vegetables;
(((c)))
(iii) The size, weight, and either volume or count, or both, of the ((horticultural
plants or products)) fruits or vegetables;
(((7)))
(e) Which are in containers marked or advertised for sale or sold as
being either graded or classified, or both, according to the standards ((and
sizes)) prescribed by the director ((or by law)) by rule
unless the ((horticultural plants or products)) fruits or vegetables
conform with ((either grades or classifications, or both, and their
standards and sizes)) the standards;
(((8)))
(f) Which are deceptively packed;
(((9)))
(g) Which are deceptively arranged or displayed;
(((10)))
(h) Which are mislabeled; or
(((11)
Which are in containers marked with a Washington state grade designation for
apples, unless the containers of apples were packed in the state of Washington;
(12))) (i)
Which do not conform to ((the provisions of)) this chapter or rules
adopted ((hereunder)) under this chapter;
(2)
For any person to ship or transport or any carrier to accept any lot of fruits
or vegetables without an inspection certificate, permit, or certificate of
compliance when the director has prescribed by rule that such products be
accompanied by an inspection certificate, permit, or certificate of
compliance. The inspection certificate, permit, or certificate of compliance
shall be on a form prescribed by the director and may include methods of
denoting that all assessments provided for by law have been paid before the
fruits or vegetables may lawfully be delivered or accepted for shipment;
(3)
For any person to refuse to submit any container, load, or display of fruits or
vegetables for inspection by the director, or refuse to stop any vehicle or
equipment containing such products for the purpose of inspection by the
director; or
(4)
For any person to move any fruits or vegetables or their containers to which
any tag has been affixed, except as provided in RCW 15.17.200.
Sec.
15. RCW
15.17.230 and 1986 c 203 s 2 are each amended to read as follows:
For the purpose of this chapter the state shall be divided into not
less than three ((horticulture)) fruit and vegetable inspection
districts to which the director may assign ((one or more inspectors-at-large))
a district manager who ((as a representative of the director))
shall supervise and administer regulatory and inspection affairs of the
districts((: PROVIDED, That for purposes of efficiency and economy the
director may by rule promulgated in accordance with the Administrative
Procedure Act establish or adjust district boundaries or abolish any district:
PROVIDED, HOWEVER, That there shall be at least three districts in existence at
all times)). The director, by rule, shall establish the boundaries of
the districts and may adjust the boundaries for purposes of efficiency and
economy.
Sec.
16. RCW
15.17.240 and 1975 c 40 s 3 are each amended to read as follows:
(1)
The ((inspectors-at-large in charge of such inspections)) district
managers shall collect the fees ((therefor)) provided for under
this chapter and deposit them in the ((horticultural)) fruit and
vegetable district fund in any bank in the district approved for the
deposit of state funds. ((The inspectors-at-large shall expend fees
deposited in the horticultural district fund to assist in defraying the
expenses of inspections and they)) The fees shall be used to carry out
the provisions of this chapter and no appropriation is required for
disbursement from the fund. District managers shall ((make)) approve
payments from the ((horticultural)) fruit and vegetable inspection
district funds to the ((horticultural)) fruit and vegetable
inspection trust ((fund in Olympia as authorized by the director)) account
in accordance with RCW 15.04.100 (as recodified by this act). ((Inspectors-at-large
shall furnish bonds to the state in amounts set by the director of the
department of general administration, pursuant to RCW 43.19.540, with sureties
approved by the director of agriculture, conditioned upon the faithful handling
of said funds for the purposes specified; and shall, on or before the tenth day
of each month, render)) On a monthly basis, each district manager shall
provide to the director ((of agriculture)) a detailed account of the
receipts and disbursements for the preceding month.
(2)
Assessments and other fees approved by the director or authorized by law and
collected by the district managers shall be deposited in the fruit and
vegetable inspection district funds and distributed to the appropriate fund or
agency.
Sec.
17. RCW
15.17.260 and 1963 c 122 s 26 are each amended to read as follows:
The
director may bring an action to enjoin the violation of any provision of this
chapter or rule adopted pursuant to this chapter in the superior court of
Thurston county or of any county in which such violation occurs,
notwithstanding the existence of other remedies at law.
Sec.
18. RCW
15.17.290 and 1963 c 122 s 30 are each amended to read as follows:
Any
person ((violating the provisions of)) who violates this chapter
or rules adopted ((hereunder is guilty of a misdemeanor)) under this
chapter may be subject to:
(1)
Suspension of any compliance agreement under this chapter to which the person
is a party for a period not to exceed twelve consecutive months; and/or
(2)
A civil penalty in an amount of not more than one thousand dollars for each
violation.
Sec.
19. RCW
15.04.100 and 1987 c 393 s 2 are each amended to read as follows:
The
director shall establish a ((horticulture)) fruit and vegetable
inspection trust ((fund)) account to be derived from ((horticulture))
fruit and vegetable inspection district funds. The director shall
adjust district payments so that the balance in the trust ((fund)) account
shall not exceed three hundred thousand dollars. The director is authorized to
make payments from the trust ((fund)) account to:
(1)
Pay fees and expenses provided in the inspection agreement between the ((state))
department ((of agriculture)) and the agricultural marketing service of
the United States department of agriculture;
(2)
Assist ((horticulture)) fruit and vegetable inspection districts
in temporary financial distress as a result of less than normal
production of ((horticultural commodities: PROVIDED, That)) fruits
and vegetables. Districts receiving such assistance shall ((make
repayment to)) repay the trust ((fund)) account as
district funds ((shall)) permit. Temporary financial distress and
terms of the trust account repayment shall be determined by the director;
(3)
Pay necessary administrative ((expenses)) expenditures for the
commodity inspection division attributable to the supervision of the ((horticulture))
fruit and vegetable inspection services.
NEW
SECTION. Sec. 20. A
new section is added to chapter 15.17 RCW to be codified between RCW 15.17.140
and 15.17.150 to read as follows:
Any
shipper or packer of apples, apricots, cherries, pears, peaches, Italian
prunes, potatoes, or asparagus may petition the director for authority to issue
certificates of compliance for each season. The director may issue certificate
of compliance agreements, granting this authority, on terms and conditions
defined by rule. Certificates of compliance shall only be issued for fruits or
vegetables that are in full compliance with this chapter and the rules adopted
under this chapter.
NEW
SECTION. Sec. 21. The
definitions in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1)
"Department" means the department of agriculture of the state of
Washington.
(2)
"Director" means the director of the department or his or her duly
authorized representative.
(3)
"Facility" means, but is not limited to, the premises where ginseng
is grown, stored, dried, handled, or delivered for sale or transportation, or
where records required by rule under this chapter are stored or kept, and all
vehicles and equipment, whether aerial or surface, used to transport ginseng.
(4)
"Grower" means a person who grows cultivated, wild simulated, and/or
woodsgrown American ginseng and sells it to a dealer.
(5)
"Person" means any individual, firm, partnership, corporation,
company, society, or association, and every officer, agent, or employee
thereof.
NEW
SECTION. Sec. 22. The
director shall enforce and carry out the provisions of this chapter and may
adopt the necessary rules to carry out its purpose.
NEW
SECTION. Sec. 23. In
addition to the powers conferred on the director under this chapter, the
director has the power to adopt rules:
(1)
Establishing certification requirements for American ginseng (Panax
quinquefolius L.).
Certification
factors include:
(a)
Place of origin;
(b)
Whether the ginseng is wild or cultivated;
(c)
Weight; and
(d)
Date of harvest;
and may
include whether the ginseng meets requirements for freedom from infestation by
plant pests as required by the importing country;
(2)
Requiring the registration of ginseng growers and of dealers who purchase
and/or sell American ginseng for the purpose of foreign export; and
(3)
Requiring that records be maintained by ginseng growers and by dealers who
purchase or sell American ginseng for the purpose of foreign export.
The
director may adopt any other rules necessary to comply with the requirements of
the convention on international trade in endangered species of wild fauna and
flora (27 U.S.T. 108); the endangered species act of 1973, as amended (16
U.S.C. Sec. 1531 et seq.); and 50 C.F.R. Part 23 (1995), as they existed on
June 6, 1996, or a subsequent date as may be provided by rule, consistent with
the purposes of this section.
NEW
SECTION. Sec. 24. (1)
The director shall adopt rules establishing fees to recover the costs of
providing ginseng certification activities authorized under this chapter. 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
the purposes of this chapter and rules adopted under this chapter.
(2)
In addition to other penalties, the director may refuse to perform any
inspection or certification service authorized under this chapter for any
person in arrears unless the person makes payment in full prior to performing
the service.
NEW
SECTION. Sec. 25. The
director may enter at reasonable times as determined by the director and
inspect any facility and any records required under this chapter. The director
may take for inspection those representative samples of ginseng necessary to
determine whether or not this chapter or rules adopted under this chapter have
been violated. If the director is denied access to any facility or records, the
director may apply to a court of competent jurisdiction for a search warrant
authorizing access to the facility or records. The court may upon such
application issue a search warrant for the purpose requested.
NEW
SECTION. Sec. 26. The
director may bring an action to enjoin any violation of this chapter or rule
adopted under this chapter in the superior court of Thurston county or of any
county in which a violation occurs, notwithstanding the existence of other
remedies at law.
NEW
SECTION. Sec. 27. The
director may cooperate with and enter into agreements with governmental
agencies of this state, other states, and agencies of the federal government in
order to carry out the purpose and provisions of this chapter.
NEW
SECTION. Sec. 28. The
department shall not disclose information obtained under this chapter regarding
the purchases, sales, or production of an individual American ginseng grower or
dealer, except for providing reports to the United States fish and wildlife
service. This information is exempt from public disclosure required by chapter
42.17 RCW.
NEW
SECTION. Sec. 29. It is
unlawful for a person to sell, offer for sale, hold for sale, or ship or
transport American ginseng for foreign export in violation of this chapter or
rules adopted under this chapter.
NEW
SECTION. Sec. 30. Any
person who violates the provisions of this chapter or rules adopted under this
chapter may be subject to:
(1)
A civil penalty in an amount of not more than one thousand dollars for each
violation; and/or
(2)
Denial, revocation, or suspension of any registration or application for
registration issued under this chapter. Upon notice by the director to deny,
revoke, or suspend a registration or application for registration, a person may
request a hearing under chapter 34.05 RCW.
NEW
SECTION. Sec. 31. The
provisions of this chapter are cumulative and nonexclusive and do not affect
any other remedy.
NEW
SECTION. Sec. 32. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
Sec.
33. RCW
42.17.31909 and 1996 c 188 s 6 are each amended to read as follows:
Except
under ((section 3 of this act)) section 28 of this act,
information obtained regarding the purchases, sales, or production of an
individual American ginseng grower or dealer is exempt from disclosure
under this chapter.
NEW
SECTION. Sec. 34. The
repeal of RCW 15.17.115 and the enactment of chapter 15.-- RCW (sections 21
through 32 of this act) does not repeal any rules adopted under the provisions
of chapter 15.17 RCW not in conflict with the provisions of chapter 15.-- RCW
(sections 21 through 32 of this act) and in effect immediately prior to the
repeal of any section under section 36 of this act. For the purpose of chapter
15.-- RCW (sections 21 through 32 of this act) it shall be deemed that such
rules have been adopted under the provisions of chapter 15.-- RCW (sections 21
through 32 of this act) pursuant to the provisions of chapter 34.05 RCW.
NEW
SECTION. Sec. 35.
Sections 21 through 32 of this act constitute a new chapter in Title 15 RCW.
NEW
SECTION. Sec. 36. The
following acts or parts of acts are each repealed:
(1) RCW
15.17.040 and 1963 c 122 s 4;
(2) RCW
15.17.070 and 1963 c 122 s 7;
(3) RCW
15.17.100 and 1994 c 67 s 1, 1990 c 19 s 1, & 1963 c 122 s
10;
(4) RCW
15.17.110 and 1963 c 122 s 11;
(5) RCW
15.17.115 and 1996 c 188 s 2;
(6) RCW
15.17.120 and 1963 c 122 s 12;
(7) RCW
15.17.160 and 1963 c 122 s 16;
(8) RCW
15.17.180 and 1963 c 122 s 18;
(9) RCW
15.17.220 and 1963 c 122 s 22;
(10) RCW 15.17.250 and
1977 ex.s. c 26 s 1, 1969 ex.s. c 76 s 3, & 1963 c 122 s 25;
(11) RCW
15.17.280 and 1963 c 122 s 32;
(12) RCW
15.17.910 and 1963 c 122 s 28;
(13) RCW
15.17.920 and 1963 c 122 s 29;
(14) RCW
15.17.930 and 1963 c 122 s 34;
(15) RCW
15.17.950 and 1963 c 122 s 35;
(16) RCW
15.04.020 and 1981 c 296 s 1, 1977 c 75 s 7, & 1961 c 11 s
15.04.020;
(17) RCW
15.04.030 and 1981 c 296 s 2 & 1961 c 11 s 15.04.030;
(18) RCW
15.04.040 and 1987 c 393 s 1, 1975-'76 2nd ex.s. c 34 s 11, &
1961 c 11 s 15.04.040;
(19) RCW 15.04.060 and
1961 c 11 s 15.04.060;
(20) RCW
15.04.070 and 1981 c 296 s 3 & 1961 c 11 s 15.04.070; and
(21) RCW
15.04.080 and 1961 c 11 s 15.04.080.
NEW
SECTION. Sec. 37. (1)
RCW 15.04.100 is recodified as a new section in chapter 15.17 RCW to be
codified between RCW 15.17.240 and 15.17.260.
(2)
RCW 15.17.130 is recodified as a new section in chapter 15.17 RCW to be
codified between RCW 15.17.210 and 15.17.230.
NEW
SECTION. Sec. 38. RCW
15.17.950 is decodified.
