BILL REQ. #:  S-3569.3 

Read first time 01/09/2006.   Referred to Committee on Agriculture & Rural Economic Development.

     AN ACT Relating to Christmas tree grower licensure; amending RCW 15.13.250, 15.13.260, 15.13.265, 15.13.270, 15.13.290, 15.13.340, 15.13.370, 15.13.390, 15.13.400, 15.13.420, 15.13.430, 15.13.440, 15.13.455, 15.13.470, 15.13.490, and 19.02.110; adding new sections to chapter 15.13 RCW; and providing an expiration date.

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

Sec. 1   RCW 15.13.250 and 2000 c 144 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 the director's duly authorized representative.
     (3) "Person" means any individual, firm, partnership, corporation, company, society and association, and every officer, agent or employee thereof.
     (4) "Horticultural plant" includes, but is not limited to, any horticultural, floricultural, or viticultural plant, or turf, for planting, propagation or ornamentation growing or otherwise. The term does not apply to potato, garlic, or onion planting stock or to cut plant material, except plant parts used for propagative purposes.
     (5) "Horticultural facilities" means, but is not limited to, the premises where horticultural plants or Christmas trees are grown, stored, handled or delivered for sale or transportation, or where records required under this chapter are stored or kept, and all vehicles and equipment used to transport horticultural plants or Christmas trees.
     (6) "Plant pests" means, but is not limited to, a living stage of insect, mite, or other arthropod; nematode; slug, snail, or other mollusk; protozoa or other invertebrate animals; bacteria; fungus; virus; viroid; phytoplasma; weed or parasitic plant; or any organisms similar to or allied with any of the plant pests listed in this section; or any infectious substance; which can directly or indirectly injure or cause disease or damage to any plant or plant product or that threatens the diversity or abundance of native species.
     (7) "Inspection and/or certification" means, but is not limited to, the inspection by the director of horticultural plants or Christmas trees at any time prior to, during, or subsequent to harvest or sale and the issuance by the director of a written certificate stating if the horticultural plants or Christmas trees are in compliance with the provisions of this chapter and rules adopted under this chapter. Inspection may include, but is not limited to, examination of horticultural plants or Christmas trees, taking samples, destructive testing, conducting interviews, taking photographs, and examining records.
     (8) "Nursery dealer" means any person who sells horticultural plants or plants, grows, receives, or handles horticultural plants for the purpose of selling or planting for another person.
     (9) "Sell" means to sell, hold for sale, offer for sale, handle, or to use as an inducement for the sale of another article or product.
     (10) "Master license system" means the mechanism established by chapter 19.02 RCW by which master licenses, endorsed for individual state-issued licenses, are issued and renewed utilizing a master application and a master license expiration date common to each renewable license endorsement.
     (11) "Certificate" or "certificate of inspection" means an official document certifying compliance with the requirements of this chapter. The term "certificate" includes labels, rubber stamp imprints, tags, permits, written statements, or any other form of certification document that accompanies the movement of inspected and certified plant material, including Christmas trees.
     (12) "Turf" means field-cultivated turf grass sod consisting of grass varieties, or blends of grass varieties, and dichondra for use in residential and commercial landscapes.
     (13) "This chapter" means this chapter and the rules adopted under this chapter.
     (14) "Compliance agreement" means a written agreement between the department and a person engaged in growing, handling, or moving articles, plants, or plant products regulated under this chapter or title, in which the person agrees to comply with stipulated requirements.
     (15) "Consignor" means the person named in the invoice, bill, or other shipping document accompanying a horticultural plant as the person from whom the horticultural plant has been received for shipment.
     (16) "Christmas tree" means a cut evergreen tree:
     (a) Of a marketable species;
     (b) Managed to produce trees meeting United States number 2 or better standards for Christmas trees as specified by the United States department of agriculture; and
     (c) Evidencing periodic maintenance practices of shearing or culturing, or both; weed and brush control; and one or more of the following practices: Basal pruning, fertilization, insect and disease control, stump culture, soil cultivation, and irrigation.
     (17) "Christmas tree grower" means any person who grows Christmas trees for sale.

Sec. 2   RCW 15.13.260 and 2000 c 144 s 2 are each amended to read as follows:
     The director shall enforce the provisions of this chapter and may adopt any rule necessary to carry out its purpose and provisions including but not limited to the following:
     (1) The director may adopt rules establishing standards for grades and/or classifications for any horticultural plant.
     (2) The director shall adopt rules for labeling or tagging horticultural plants.
     (3) The director may adopt rules for the inspection and/or certification of any horticultural plant as to variety, quality, size and freedom from infestation by plant pests.
     (4) The director may adopt rules for the inspection and/or certification of any Christmas tree as to freedom from infestation by plant pests.
     (5) The director shall adopt rules establishing fees for nursery dealer licenses and for inspection of horticultural plants and methods of fee collection.
     (((5))) (6) The director may adopt rules prescribing minimum informational requirements for advertising for the sale of horticultural plants within the state.
     (((6))) (7) The director may adopt rules establishing categories of sales and fees for permits established in RCW 15.13.270.
     (8) The director may adopt rules establishing fees for Christmas tree grower licenses and for inspection of Christmas trees and methods of fee collection.

Sec. 3   RCW 15.13.265 and 2000 c 144 s 4 are each amended to read as follows:
     (1) The director may enter and inspect the horticultural facilities of a nursery dealer at reasonable times for the purpose of carrying out the provisions of this chapter.
     (2) If the director is denied access, the director may apply to a court of competent jurisdiction for a search warrant authorizing access to the premises. The court may upon such application issue the search warrant for the purposes requested. The warrant shall be issued on probable cause. It is sufficient probable cause to show (a) the inspection is pursuant to a general administrative practice to determine compliance with this chapter or (b) the director has reason to believe that a violation of this chapter has occurred, is occurring, or may occur.
     (3) Denial of access to the director to perform inspections may subject a nursery dealer or Christmas tree grower to license revocation ((of the nursery license)).

Sec. 4   RCW 15.13.270 and 2000 c 144 s 5 are each amended to read as follows:
     The provisions of this chapter relating to nursery dealer licensing do not apply to: (1) Persons making casual or isolated sales that do not exceed one hundred dollars annually; (2) any garden club, conservation district, or charitable nonprofit association conducting not more than three sales per year for not more than four consecutive days each of horticultural plants which are grown by or donated to its members; (3) educational organizations associated with private or public secondary schools. However, such a club, conservation district, association, or organization shall apply to the director for a permit to conduct such sales.
     All horticultural plants sold under such a permit shall be in compliance with the provisions of this chapter.

Sec. 5   RCW 15.13.290 and 2000 c 144 s 8 are each amended to read as follows:
     If any application for renewal of a nursery dealer license or a Christmas tree grower license is not filed prior to the master license expiration date, the master license delinquency fee shall be assessed under chapter 19.02 RCW and shall be paid by the applicant before the renewal license is issued.

NEW SECTION.  Sec. 6   A new section is added to chapter 15.13 RCW, to be codified after RCW 15.13.310, to read as follows:
     (1) Any Christmas tree grower owning Christmas trees growing on one acre or less, whose business consists solely of retail sales to the ultimate consumer, is exempt from the requirements of this section.
     (2) Licensed nursery dealers who furnish live plants for planting to Christmas tree growers are exempt from the requirements of this section.
     (3) No person may operate as a Christmas tree grower without first obtaining a license from the department.
     (a) Any person applying for such a license shall apply through the master license system.
     (b) The application must be accompanied by an annual fee, as established by the director in rule. The annual fee must not exceed seventy-five dollars as a basic charge and a maximum of three dollars per acre as an acreage assessment. The annual Christmas tree grower license fee for any person may not exceed five thousand dollars.
     (c) The license expires on the master license expiration date unless it has been revoked or suspended before the expiration date by the director for cause.
     (d) The department may audit licensees during normal business hours to determine that appropriate fees have been paid.

NEW SECTION.  Sec. 7   A new section is added to chapter 15.13 RCW, to be codified after RCW 15.13.310, to read as follows:
     Application for a Christmas tree grower license shall include:
     (1) The full name of the person applying for the license, whether the applicant is an individual, receiver, trustee, firm, partnership, association, or corporation, and if the applicant is a firm or partnership the full name of each member of the firm or partnership, and if the applicant is an association or corporation the names of the officers of the association or corporation;
     (2) The principal business address of the applicant in the state and elsewhere;
     (3) The address and acreage of Christmas trees for each location included in the application;
     (4) The names of the persons authorized to receive and accept service of summons and legal notices of all kinds for the applicant; and
     (5) Any other information prescribed by the director.

NEW SECTION.  Sec. 8   A new section is added to chapter 15.13 RCW, to be codified between RCW 15.13.310 and 15.13.315, to read as follows:
     (1) An advisory committee is established to advise the director in the administration of the Christmas tree program.
     (2) When appointing this committee, the director shall consider names submitted by the Puget Sound Christmas tree association and the Pacific Northwest Christmas tree association.
     (3) The committee consists of no fewer than five members, representing the interests of licensed Christmas tree growers and the Christmas tree industry, and the director or the director's designee.
     (4) The terms of the members of the committee shall be staggered and the members shall serve a term of three years or until their successor has been appointed.
     (5) In the event a committee member resigns, is disqualified, or vacates a position on the committee for any other reason, the vacancy shall be filled by the director under the provisions of this section governing appointments.

Sec. 9   RCW 15.13.340 and 2000 c 144 s 13 are each amended to read as follows:
     (1) A late fee of twenty percent of the amount due shall be levied on all delinquent assessments for each license period the assessment is delinquent.
     (2) The director shall not issue a nursery dealer license or Christmas tree grower license to any applicant who has failed to pay any assessment due under the provisions of this chapter.

Sec. 10   RCW 15.13.370 and 2002 c 215 s 3 are each amended to read as follows:
     (1) Any person licensed under the provisions of this chapter may request the services of a department inspector at the licensee's place of business or point of shipment during the shipping season. Subsequent to inspection the inspector shall issue to the licensee a certificate of inspection signed by the inspector covering any horticultural plants or Christmas trees which the inspector finds to be in compliance with the provisions of this chapter.
     (2) Any person financially interested in any horticultural plants or Christmas trees may request inspection and/or certification services provided for horticultural plants or Christmas trees under this chapter.
     (3) To facilitate the marketing of agricultural commodities and other plant products, the director may provide, if requested, special inspections or certifications not otherwise authorized under this chapter and shall prescribe a fee for that service.

Sec. 11   RCW 15.13.390 and 2000 c 144 s 17 are each amended to read as follows:
     It is unlawful for any person to sell, ship, or transport any horticultural plant or Christmas tree in this state unless it meets standards established in rule for freedom from infestation by plant pests and the other requirements of this chapter.

Sec. 12   RCW 15.13.400 and 2000 c 144 s 18 are each amended to read as follows:
     (1) It is unlawful for any person to ship or deliver any horticultural plant into this state unless it is accompanied by an inspection certificate from the state or country of origin stating that the horticultural plant meets the requirements of this chapter. The director may require the shipper or receiver to file a copy of the manifest of nursery cargo or shipment of horticultural plants into this state with the director on or before the date the horticultural plants enter into the state.
     (2) The director may by rule require that any or all ((such)) horticultural plants or Christmas trees delivered or shipped into the state be inspected for conformance with the requirements of this chapter prior to release by the person delivering or transporting such horticultural plants or Christmas trees even though accompanied by acceptable inspection certificates issued by the state or country of origin.
     (3) Any shipment found not to be in compliance with the requirements of this chapter may be returned to the consignor at the consignor's expense. The consignor may subsequently request a hearing which shall be held in conformance with RCW 34.05.479 or other applicable provision of chapter 34.05 RCW.

Sec. 13   RCW 15.13.420 and 2000 c 144 s 20 are each amended to read as follows:
     It is unlawful for any person:
     (1) To falsely claim to be an agent or representative of any nursery dealer in horticultural plants or Christmas tree grower;
     (2) To sell or distribute horticultural plants by any method which has the capacity and tendency or effect of deceiving any purchaser or prospective purchaser as to the quantity, size, grade, kind, species, age, method of propagation, maturity, condition, vigor, hardiness, number of times transplanted, growth ability, growth characteristics, rate of growth or time required before flowering or fruiting, price, origin or place where grown, or in any other material respect;
     (3) To alter an official certificate or other official inspection document for plant materials, including Christmas trees, covered by this chapter or to falsely represent a document as an official certificate;
     (4) To substitute any horticultural plant, Christmas tree, or agricultural commodity for a horticultural plant, Christmas tree, or agricultural commodity covered by an inspection certificate.

Sec. 14   RCW 15.13.430 and 2000 c 144 s 22 are each amended to read as follows:
     When the director has cause to believe that any horticultural plants or Christmas trees are damaged or are infested or infected by any plant pest, the director may issue a hold order on such horticultural plants or Christmas trees. A hold order may prescribe conditions under which ((plants)) the damaged, infested, or infected material must be held to prevent spread of the infestation or infection. Treatment or other corrective measures shall be the sole responsibility of the persons holding the ((plant)) material for sale. It is unlawful to sell or move such plants until released in writing by the director.

Sec. 15   RCW 15.13.440 and 2000 c 144 s 23 are each amended to read as follows:
     The director shall condemn any horticultural plants shipped or sold when such horticultural plants are found to be dead, in a dying condition, seriously broken, diseased or infested to the extent that treatment is not practical, damaged, frozen, or abnormally potbound. The director shall condemn any Christmas trees shipped or sold if they are found to be diseased, infected, or infested to the extent that treatment is not practical. The director shall order such horticultural plants or Christmas trees to be destroyed or returned at shipper's option.

Sec. 16   RCW 15.13.455 and 2000 c 144 s 27 are each amended to read as follows:
     (1) The director may apply to the superior court of Thurston county for a prompt hearing on, and the court shall have jurisdiction upon, and for cause shown the court shall, without proof that an adequate remedy at law does not exist, grant an injunction restraining any person from operating as a nursery dealer or Christmas tree grower without a valid license.
     (2) An order restraining any person from operating as a nursery dealer or Christmas tree grower without a valid license shall contain such provision for the payment of pertinent court costs and reasonable attorneys' fees and administrative expenses as is equitable and the court deems appropriate in the circumstances.

Sec. 17   RCW 15.13.470 and 2002 c 215 s 4 are each amended to read as follows:
     (1) Except as provided in RCW 15.13.285 and in subsections (2) ((and)), (3), and (4) of this section, 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 this chapter. No appropriation is required for the disbursement of moneys from the account by the director.
     (2) All fees collected under RCW 15.13.310 shall be deposited in the planting stock certification account within the agricultural local fund to be used only for the Washington grapevine and fruit tree certification and nursery improvement programs as set forth in this chapter and chapter 15.14 RCW.
     (3) All fees collected under section 6 of this act shall be deposited in the Christmas tree account within the agricultural local fund to be used only for the Washington Christmas tree program as established under this chapter, which may include market surveys and research related to Christmas trees.
     (4) All moneys collected for civil penalties under this chapter shall be deposited in the nursery research account within the agricultural local fund.

Sec. 18   RCW 15.13.490 and 2000 c 144 s 31 are each amended to read as follows:
     Any person who fails to comply with this chapter may be subject to:
     (1) Denial, revocation, or suspension of the person's nursery dealer license or Christmas tree grower license; and/or
     (2) A civil penalty in an amount of not more than one thousand dollars for each violation. Each violation shall be a separate and distinct offense. Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated this section and may be subject to the civil penalty provided in this section.

Sec. 19   RCW 19.02.110 and 2000 c 171 s 43 are each amended to read as follows:
     In addition to the licenses processed under the master license system prior to April 1, 1982, on July 1, 1982, use of the master license system shall be expanded as provided by this section.
     Applications for the following shall be filed with the business license center and shall be processed, and renewals shall be issued, under the master license system:
     (1) Nursery dealer's licenses and Christmas tree grower's licenses required by chapter 15.13 RCW;
     (2) Seed dealer's licenses required by chapter 15.49 RCW;
     (3) Pesticide dealer's licenses required by chapter 15.58 RCW;
     (4) Shopkeeper's licenses required by chapter 18.64 RCW;
     (5) Refrigerated locker licenses required by chapter 19.32 RCW;
     (6) Egg dealer's licenses required by chapter 69.25 RCW.

NEW SECTION.  Sec. 20   This act expires July 1, 2013.