[atlas:bill]

AN ACT Relating to regulating commodity commissions; amending RCW 15.66.010, 15.66.030, 15.66.110, 15.66.120, 15.66.130, 15.66.140, 15.66.185, and 15.66.245; adding new sections to chapter 15.66 RCW; and repealing RCW 15.66.020.

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

NEW SECTION. Sec. 1. A new section is added to chapter 15.66 RCW to read as follows:

The history, economy, culture, and the future of Washington state to a large degree all involve agriculture. In order to develop and promote Washington's agricultural products as part of the existing comprehensive scheme to regulate agricultural commodities, the legislature declares:

(1) That the marketing of agricultural products within this state is in the public interest. It is vital to the continued economic well-being of the citizens of this state and their general welfare that its agricultural commodities be properly promoted by (a) enabling producers of agricultural commodities to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing and grading, and standardizing of the commodities they produce; and (b) working towards stabilizing the agricultural industry by increasing consumption of agricultural commodities within the state, nation, and internationally;

(2) That farmers and ranchers operate within a regulatory environment that imposes burdens on them. Those restrictions impair the agricultural producer's ability to compete in local, domestic, and foreign markets;

(3) That it is now in the overriding public interest that support for the agricultural industry be clearly expressed, that adequate protection be given to agricultural commodities, uses, activities, and operations, and that each agricultural commodity be promoted individually, and as part of a comprehensive industry to:

(a) Enhance the reputation and image of Washington state's agricultural commodities and producers;

(b) Increase the sale and use of Washington state's agricultural commodities in local, domestic, and foreign markets;

(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production of Washington state's agricultural commodities;

(d) Increase the knowledge of the health-giving qualities and the nutritional and dietetic value of Washington state's agricultural commodities and products; and

(e) Support and engage in programs or activities that benefit the planting, production, harvesting, handling, processing, transportation, marketing, and uses of agricultural commodities produced in Washington state;

(4) That the director seek to enhance, protect, and perpetuate the ability of the private sector to produce food and fiber, and seek to maintain the economic well-being of the agricultural industry in Washington state consistent with its regulatory activities and responsibilities;

(5) That the director is hereby authorized to implement, administer, and enforce this chapter through the establishment of commodity commissions; and

(6) That this chapter is enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.

Sec. 2. RCW 15.66.010 and 1993 c 80 s 3 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 or her 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~~)) adopted by rule by the director that establishes a commodity commission for an agricultural commodity pursuant to this chapter.

(4) "Agricultural commodity" means any of the following commodities or products: 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 beehives containing 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. "To produce" means to act as a producer. For the purposes of ((~~RCW 15.66.060, 15.66.090, and 15.66.120, as now or hereafter amended~~)) this chapter, "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~~)) who is subject to a marketing order.

(7) "Affected commodity" means ((~~any agricultural commodity for which the director has established a list of producers pursuant to RCW 15.66.060~~)) the agricultural commodity that is specified in the marketing order.

(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, limited liability company, trust, association, partnership, society, or any other organization of individuals or any unit or agency of local, state, or federal government.

(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 or her 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.

(14) "Affected handler" means any handler of an affected commodity.

(15) "Affected parties" means any producer, affected producer, handler, or commodity commission board member.

(16) "Assessment" means the monetary amount established in a marketing order that is to be paid by each affected producer to a commission in accordance with the schedule established in the marketing order.

(17) "Mail" or "send," for purposes of any notice relating to rule making, referenda, or elections, means regular mail or electronic distribution, as provided in RCW 34.05.260 for rule making. "Electronic distribution" or "electronically" means distribution by electronic mail or facsimile mail.

(18) "Handler" means any person who acts, either as principal, agent, or otherwise, in the processing, selling, marketing, or distributing of an agricultural commodity that is not produced by the handler. "Handler" does not include a common carrier used to transport an agricultural commodity. "To handle" means to act as a handler.

(19) "List of affected parties" means a list containing the names and mailing addresses of affected parties. This list must contain the names and addresses of all affected parties and, if requested by the director, the amount, by unit, of the affected commodity produced during a designated period under this chapter.

(20) "List of affected producers" means a list containing the names and mailing addresses of affected producers. This list must contain the names and addresses of all affected producers and, if requested by the director, the amount, by unit, of the affected commodity produced during a designated period under this chapter.

(21) "List of affected handlers" means a list containing the names and addresses of affected handlers. This list must contain the names and addresses of all affected handlers and, if requested by the director, the amount, by unit, of the affected commodity handled during a designated period under this chapter.

(22) "Percent by numbers" means the percent of those persons on the list of affected parties or affected producers.

(23) "Referendum" means a vote by the affected parties or affected producers which is conducted by secret ballot.

(24) "Rule-making proceedings" means rule making under chapter 34.05 RCW.

(25) "Vacancy" means that a board member leaves or is removed from a board position prior to the end of a term, or a nomination process for the beginning of a term concludes with no candidates for a position.

(26) "Volume of production" means the percent of the average volume of production of the affected commodity of those on the list of affected parties or affected producers for a production period. For the purposes of this chapter, a production period is a minimum three-year period or as specified in the marketing order.

Sec. 3. RCW 15.66.030 and 2001 c 315 s 1 are each amended to read as follows:

Marketing orders may be made for any one or more of the following purposes:

(1) To establish plans and conduct programs for advertising and sales promotion, to maintain present markets, or to create new or larger markets for any agricultural commodity grown in the state of Washington;

(2) To provide for carrying on research studies to find more efficient methods of production, irrigation, processing, transportation, handling, and marketing of any agricultural commodity;

(3) To provide for improving standards and grades by defining, establishing, and providing labeling requirements with respect to the same;

(4) To investigate and take necessary action to prevent unfair trade practices;

(5) To provide information or communicate on matters pertaining to the production, irrigation, processing, transportation, marketing, or uses of an agricultural commodity produced in Washington state to any elected official or officer or employee of any agency;

(6) To provide marketing information and services for producers of an agricultural commodity;

(7) To provide information and services for meeting resource conservation objectives of producers of an agricultural commodity;

(8) To engage in cooperative efforts in the domestic or foreign marketing of food products of an agricultural commodity; and

(9) To provide for commodity-related education and training.

NEW SECTION. Sec. 4. A new section is added to chapter 15.66 RCW to read as follows:

This chapter and the rules adopted under it are only one aspect of the comprehensively regulated agricultural industry. Other laws applicable to agricultural commodities include the following chapters and rules:

(1) Chapter 15.08 RCW, horticultural pests and diseases;

(2) Chapter 15.13 RCW, horticultural plants and facilities‑-inspection and licensing;

(3) Chapter 15.14 RCW, planting stock;

(4) Chapter 15.15 RCW, certified seed potatoes;

(5) Chapter 15.17 RCW, standards of grades and packs;

(6) Chapter 15.19 RCW, ginseng;

(7) Chapter 15.30 RCW, controlled atmosphere storage of fruits and vegetables;

(8) Chapter 15.49 RCW, seeds;

(9) Chapter 15.53 RCW, commercial feed;

(10) Chapter 15.54 RCW, fertilizers, minerals, and limes;

(11) Chapter 15.58 RCW, Washington pesticide control act;

(12) Chapter 15.60 RCW, apiaries;

(13) Chapter 15.64 RCW, farm marketing;

(14) Chapter 15.83 RCW, agricultural marketing and fair practices;

(15) Chapter 15.85 RCW, aquaculture marketing;

(16) Chapter 15.86 RCW, organic food products;

(17) Chapter 15.92 RCW, center for sustaining agriculture and natural resources;

(18) Chapter 17.24 RCW, insect pests and plant diseases;

(19) Chapter 19.94 RCW, weights and measures;

(20) Chapter 20.01 RCW, agricultural products‑-commission merchants, dealers, brokers, buyers, agents;

(21) Chapter 22.09 RCW, agricultural commodities;

(22) Chapter 69.04 RCW, intrastate commerce in food, drugs, and cosmetics; and poisons including provisions of 21 C.F.R. relating to the general manufacturing practices, food labeling, food standards, food additives, and pesticide tolerances;

(23) Chapter 69.07 RCW, Washington food processing act;

(24) Chapter 69.25 RCW, Washington wholesome eggs and egg products act;

(25) Chapter 69.28 RCW, honey; and

(26) 7 U.S.C. Sec. 136, the federal insecticide, fungicide, and rodenticide act.

NEW SECTION. Sec. 5. A new section is added to chapter 15.66 RCW to read as follows:

(1) In addition to the laws and regulations listed in section 4 of this act that apply to the agricultural industry as a whole, the potato industry is regulated by or must comply with the following additional laws and the rules or regulations adopted thereunder:

(a) 7 C.F.R. Part 51, United States standards for grades of potatoes;

(b) 7 C.F.R. Part 946, federal marketing order for Irish potatoes grown in Washington;

(2) In addition to the laws and regulations listed in section 4 of this act that apply to the agricultural industry as a whole, the wheat and barley industries are regulated by or must comply with the following additional laws and the rules adopted thereunder:

(a) 7 U.S.C. Sec. 1621, the agricultural marketing act;

(b) Chapter 70.94 RCW, Washington clean air act, agricultural burning.

(3) In addition to the laws and regulations listed in section 4 of this act that apply to the agricultural industry as a whole, the poultry industry is regulated by or must comply with the following additional laws and the rules adopted thereunder:

(a) 21 U.S.C., chapter 10, poultry and poultry products inspection;

(b) 21 U.S.C., chapter 9, packers and stockyards;

(d) Washington fryer commission labeling standards.

Sec. 6. RCW 15.66.110 and 2001 c 315 s 2 are each amended to read as follows:

(1) Every marketing order shall establish a commodity commission composed of not less than five nor more than thirteen members. In addition, the director shall be an ex officio member of each commodity commission unless otherwise specified in the marketing order. Commission board members shall be citizens and residents of this state if required by the marketing order, and over the age of eighteen. Not more than one board member may be part of the same "person" as defined by this chapter. The term of office of commission members shall be three years with the terms rotating so than one-third of the terms will commence as nearly as practicable each year. However, the first commission shall be selected, one-third for a term of one year, one-third for a term of two years, and one-third for a term of three years, as nearly as practicable. Except as provided in subsection (2) of this section, no less than two-thirds of the commission board members shall be elected by the affected producers and such elected members shall all be affected producers. The remaining members shall be appointed by the commission and shall be either affected producers, others active in matters relating to the affected commodity, or persons not so related.

(2) A marketing order may provide that a majority of the commission's board be appointed by the director, but in any event, no less than one-third of the board members shall be elected by the affected producers.

(3) In the event that the marketing order provides that a majority of the commission's board be appointed by the director, the marketing order must incorporate either the provisions of section 7 or 8 of this act for board member selection.

NEW SECTION. Sec. 7. A new section is added to chapter 15.66 RCW to read as follows:

Either this section or section 8 of this act applies for director appointed positions.

(1) Candidates for director appointed board positions on a commission must be nominated pursuant to RCW 15.66.120(1).

(2) Not less than sixty days nor more than seventy-five days prior to the commencement of a board member term, the director must cause an advisory vote to be held for the director appointed positions. Advisory ballots must be mailed to all affected producers and be returned to the director not less than thirty days prior to the commencement of the term. The advisory ballot must be conducted in a manner so that it is a secret ballot. The names of the two candidates receiving the most votes in the advisory vote must be forwarded to the director to select one for appointment to the commission board. In the event there are only two candidates nominated for a board position, an advisory vote will not be held and the candidates' names must be forwarded to the director to select one for appointment.

(3) The candidates whose names are forwarded to the director for potential appointment must submit to the director a letter stating why he or she wishes to be appointed to the commission board.

NEW SECTION. Sec. 8. A new section is added to chapter 15.66 RCW to read as follows:

Either this section or section 7 of this act applies for director appointed positions.

(1) Candidates for director appointed board positions on a commission must be nominated pursuant to RCW 15.66.120(1).

(2) Not less than sixty days nor more than seventy-five days prior to the commencement of a board member term, the director must cause an advisory vote to be held for the director appointed positions. Advisory ballots must be mailed to all affected producers and be returned to the director not less than thirty days prior to the commencement of the term. The advisory ballot must be conducted in a manner so that it is a secret ballot. The name of the candidate receiving the most votes in the advisory vote must be forwarded to the director for appointment to the commission board.

(3) The director must appoint the candidate receiving the most votes in an advisory ballot unless the candidate fails to meet the qualifications of commission board members listed in this chapter and the marketing order. In the event the director rejects the candidate receiving the most votes, the position will be deemed vacant and filled pursuant to RCW 15.66.120(8).

Sec. 9. RCW 15.66.120 and 1975 1st ex.s. c 7 s 9 are each amended to read as follows:

(1) Not less than ninety days nor more than one hundred and five days prior to the beginning of each term of each elected commission member, ((~~the director shall give~~)) notice ((~~by mail~~)) shall be mailed to all affected producers ((~~of the vacancy and~~)) with a call for nominations in accordance with this section and ((~~with the~~)) provisions of the marketing order ((~~and shall give~~)). The notice ((of)) shall give the final date for filing nominations, which shall not be less than eighty days nor more than eighty-five days before the beginning of such term. ((~~Such~~)) The notice shall also advise that nominating petitions shall be signed by five persons qualified to vote for such candidates or, if the number of nominating signers is provided for in the marketing order, ((~~such~~)) then the number ((~~as such~~)) provided in the marketing order ((~~provides~~)).

(2) Not less than sixty days nor more than seventy-five days prior to the commencement of ((~~such~~)) a commission board member term, the director shall ((~~submit by~~)) mail ballots to all affected producers((~~, which~~)). Ballots shall be required to be returned to the director not less than thirty days prior to the commencement of ((~~such~~)) the term. ((~~Such~~)) The mail ballot shall be conducted in a manner so that it shall be a secret ballot. With respect to the first commission for a particular commodity, the director may call for nominations for board members in the notice of ((~~his~~)) the director's decision following the hearing and the ballot may be submitted at the time the director's proposed order is submitted to the affected producers for their assent.

((~~Said elected~~)) (3) Board members may be elected or appointed from various districts within the area covered by the marketing order if the order so provides, with the number of members from each district to be in accordance with the provisions of the marketing order.

(4) The board members of the commission not elected by the affected producers shall be elected by a majority of the commission's board at a meeting of the commission within ninety days prior to expiration of the term ((~~but to fill nonelective vacancies caused by other reasons than the expiration of a term, the new member shall be elected by the commission at its first meeting after the occurrence of the vacancy~~)), or appointed by the director in accordance with this chapter and the marketing order.

(5) When only one nominee is nominated for any position on the commission, the director shall ((~~deem that said nominee satisfies the requirements of the position and then it shall be deemed that said nominee has been duly~~)) determine whether the nominee meets the qualifications of the position and, if so, the director shall declare the nominee elected or appoint the nominee to the position.

(6) In the event of a vacancy in an elected board member position on a commodity commission, the remaining board members shall select a qualified person to fill the vacant position for the remainder of the current term or as provided in the marketing order.

(7) In the event of a vacancy in a commission appointed board member position on a commodity commission, the appointment of board members must be as specified in the marketing order.

(8) In the event of a vacancy in a director appointed board member position on a commodity commission, the remaining board members must recommend to the director a qualified person for appointment to the vacant position. The director must appoint the person recommended by the board unless the person fails to meet the qualifications of commission board members listed in this chapter and the marketing order.

Sec. 10. RCW 15.66.130 and 2001 2nd sp.s. c 6 s 2 are each amended to read as follows:

Each commodity commission shall hold such regular meetings as the marketing order may prescribe or that the commission by resolution may prescribe, together with such special meetings that may be called in accordance with provisions of its resolutions upon reasonable notice to all members thereof. A majority of the voting members shall constitute a quorum for the transaction of all business of the commission. ((~~In the event of a vacancy in an elected or appointed position on the commission, the remaining elected members of the commission shall select a qualified person to fill the unexpired term.~~))

Each member of the commission shall be compensated in accordance with RCW 43.03.230. Members and employees of the commission may be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter, as defined under the commodity board's marketing order. Otherwise, if not defined or referenced in the marketing order, reimbursement for travel expenses shall be in accordance with RCW 43.03.050 and 43.03.060.

Sec. 11. RCW 15.66.140 and 2001 c 315 s 3 are each amended to read as follows:

Every ((~~marketing~~)) commodity commission shall have such powers and duties in accordance with provisions of this chapter as may be provided in the marketing order and shall have the following powers and duties:

(1) To elect a ((~~chairman~~)) chair and such other officers as determined advisable;

(2) To adopt, rescind and amend rules and regulations reasonably necessary for the administration and operation of the commission and the enforcement of its duties under the marketing order;

(3) To administer, enforce, direct and control the provisions of the marketing order and of this chapter relating thereto;

(4) To employ and discharge at its discretion such administrators and additional personnel, attorneys, advertising and research agencies and other persons and firms that it may deem appropriate and pay compensation to the same;

(5) To acquire personal property and purchase or lease office space and other necessary real property and transfer and convey the same;

(6) To institute and maintain in its own name any and all legal actions, including actions by injunction, mandatory injunction or civil recovery, or proceedings before administrative tribunals or other governmental authorities necessary to carry out the provisions of this chapter and of the marketing order;

(7) To keep accurate records of all its receipts and disbursements, which records shall be open to inspection and audit by the state auditor or private auditor designated by the state auditor at least every five years;

(8) Borrow money and incur indebtedness;

(9) Make necessary disbursements for routine operating expenses;

(10) To expend funds for commodity-related education, training, and leadership programs as each commission deems expedient;

(11) To work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes provided in the commission's marketing order;

(12) To enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local, to carry out the purposes provided in the commission's marketing order. Personal service contracts must comply with chapter 39.29 RCW;

(13) To accept and expend or retain any gifts, bequests, contributions, or grants from private persons or private and public agencies to carry out the purposes provided in the commission's marketing order;

(14) To enter into contracts or agreements for research in the production, irrigation, processing, transportation, marketing, use, or distribution of an affected commodity;

(15) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of a commission. The retention of a private attorney is subject to review by the office of the attorney general;

(16) To engage in appropriate fund-raising activities for the purpose of supporting activities of the commission authorized by the marketing order;

(17) To participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, irrigation, manufacture, regulation, transportation, distribution, sale, or use of affected commodities including activities authorized under RCW 42.17.190, including the reporting of those activities to the public disclosure commission; ((~~and~~))

(18) To engage in cooperative advertising and promotion efforts with individual manufacturers, processors, packers/shippers, cooperatives, and producers of the affected commodity grown in the state of Washington, provided the commodity commission publicly offers these types of cooperative programs to all manufacturers, processors, packers/shippers, and producers of the affected Washington state commodity;

(19) To maintain a list of the names and addresses of affected producers that may be compiled from information used to collect assessments under the provisions of the marketing order and data on the value of each producer's production for a minimum three-year period;

(20) To maintain a list of the names and addresses of persons who handle the affected commodity within the affected area and data on the amount and value of the commodity handled for a minimum three-year period by each person; and

(21) Such other powers and duties that are necessary to carry out the purposes of this chapter.

NEW SECTION. Sec. 12. A new section is added to chapter 15.66 RCW to read as follows:

Agricultural commodity commissions shall adopt rules governing promotional hosting expenditures by commodity commission employees, agents, or board members under RCW 15.04.200.

Sec. 13. RCW 15.66.185 and 1967 ex.s. c 54 s 2 are each amended to read as follows:

Any funds of any agricultural commodity commission may be invested in savings or time deposits in banks, trust companies, and mutual savings banks ((~~which~~)) that are doing business in ((~~this state~~)) the United States, up to the amount of insurance afforded such accounts by the Federal Deposit Insurance Corporation. This section shall apply to all funds which may be lawfully so invested, which in the judgment of any agricultural commodity commission are not required for immediate expenditure. The authority granted by this section is not exclusive and shall be construed to be cumulative and in addition to other authority provided by law for the investment of such funds.

Sec. 14. RCW 15.66.245 and 1988 c 54 s 2 are each amended to read as follows:

Any marketing agreement or order may authorize the members of a commodity commission, or their agents or designees, to participate in federal or state hearings or other proceedings concerning regulation of the manufacture, distribution, sale, or use of any pesticide as defined by RCW 15.58.030((~~(1)~~)) (30) or any agricultural chemical which is of use or potential use in producing the affected commodity. Any marketing agreement or order may authorize the expenditure of commodity commission funds for this purpose.

NEW SECTION. Sec. 15. A new section is added to chapter 15.66 RCW to read as follows:

A commodity commission under this chapter is exempt from the limitations of RCW 43.01.040, 43.01.041, and 43.01.044 concerning the accumulation of employee annual leave in excess of thirty days, provided the commodity commission establishes an incentive program for commission employees that exceeds the requirements of RCW 43.01.040, 43.01.041, and 43.01.044 in the following manner:

(1) In January of the year following any year in which a minimum of thirty days of annual leave is accrued, and each January thereafter, any eligible employee may exercise an option to receive remuneration for unused annual leave accumulated in the previous year at a rate equal to one day's monetary compensation of the employee for each two full days of annual leave in excess of thirty days. Annual leave for which compensation has been received must be deducted from accrued annual leave at the rate of two days for every one day of monetary compensation. Annual leave remuneration under this subsection may not be included in the computation of retirement benefits and may not result in any increase in a retirement allowance under any public retirement system in this state.

(2) At the time of separation from commodity commission employment due to death, reduction in force, resignation, dismissal, or retirement, an eligible employee or the employee's estate must receive remuneration of annual leave at a rate equal to one day's current monetary compensation of the employee for each day of accrued annual leave up to a maximum of thirty days.

(3) Should the legislature revoke any benefits granted under this section, no affected employee is entitled thereafter to receive the benefits as a matter of contractual right.

(4) The commodity commission may adopt rules under its marketing order to carry out the purposes of this section.

NEW SECTION. Sec. 16. RCW 15.66.020 (Declaration of purpose) and 1961 c 11 s 15.66.020 are each repealed.