BILL REQ. #:  S-0394.2 

Read first time 01/21/11.   Referred to Committee on Agriculture & Rural Economic Development.

     AN ACT Relating to making technical, nonsubstantive changes to department of agriculture-related sections; amending RCW 15.26.120, 15.30.200, 90.64.030, 15.48.280, 15.60.065, 15.60.085, 15.60.095, 15.65.375, 15.66.245, 15.76.115, 16.24.120, 17.21.150, 17.26.020, 15.65.280, 15.66.140, 15.89.070, 15.115.140, 15.65.243, 15.65.510, 15.65.550, 15.66.113, 20.01.205, 15.65.033, 15.66.010, 15.66.017, 15.24.900, 15.28.015, 15.44.015, 15.88.025, 15.89.025, 15.92.010, 15.115.020, 16.67.035, 15.58.030, 17.15.030, 17.21.100, 19.94.015, 20.01.010, 20.01.475, 20.01.510, 20.01.520, and 17.24.210; reenacting and amending RCW 15.65.020; creating a new section; and repealing RCW 15.58.380.

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

Sec. 1   RCW 15.26.120 and 1969 c 129 s 12 are each amended to read as follows:
     There is hereby levied on all commercial tree fruit produced in this state or held out as being produced in this state for fresh or processing use, an assessment, initially not to exceed ten cents per ton on all such tree fruits, except that such assessment for apples for fresh shipment shall be at the rate of one-half cent per one hundred pounds gross billing weight. Such assessment on all such commercial tree fruit shall not become effective until approved by a majority of such commercial producers of tree fruit voting in a referendum conducted jointly by the Washington apple ((advertising)) commission, Washington state fruit commission, and the department. The respective commissions shall supply all known producers of tree fruits subject to their respective commissions with a ballot for the referendum and the department shall supply all known tree fruit producers not subject to either of the commissions with a ballot wherein all known producers may approve or disapprove such assessment. The commission may waive the payment of assessments by any class of producers of minimal amounts of tree fruit when the commission determines subsequent to a hearing that the cost of collecting and keeping records of such assessments is disproportionate to the return to the commission.

Sec. 2   RCW 15.30.200 and 1961 c 29 s 20 are each amended to read as follows:
     All moneys collected under the provisions of this chapter for the inspection and certification of any fruits or vegetables subject to the provisions of this chapter shall be handled and deposited in the manner provided for in chapter ((15.16)) 15.17 RCW, as enacted or hereafter amended, for the handling of inspection and certification fees derived for the inspection of any fruits and vegetables.

Sec. 3   RCW 90.64.030 and 2003 c 325 s 3 are each amended to read as follows:
     (1) Under the inspection program established in RCW 90.64.023, the department may investigate a dairy farm to determine whether the operation is discharging pollutants or has a record of discharging pollutants into surface or ground waters of the state. Upon concluding an investigation, the department shall make a written report of its findings, including the results of any water quality measurements, photographs, or other pertinent information, and provide a copy of the report to the dairy producer within twenty days of the investigation.
     (2) The department shall investigate a written complaint filed with the department within three working days and shall make a written report of its findings including the results of any water quality measurements, photographs, or other pertinent information. Within twenty days of receiving a written complaint, a copy of the findings shall be provided to the dairy producer subject to the complaint, and to the complainant if the person gave his or her name and address to the department at the time the complaint was filed.
     (3) The department may consider past complaints against the same dairy farm from the same person and the results of its previous inspections, and has the discretion to decide whether to conduct an inspection if:
     (a) The same or a similar complaint or complaints have been filed against the same dairy farm within the immediately preceding six-month period; and
     (b) The department made a determination that the activity that was the subject of the prior complaint was not a violation.
     (4) If the decision of the department is not to conduct an inspection, it shall document the decision and the reasons for the decision within twenty days. The department shall provide the decision to the complainant if the name and address were provided to the department, and to the dairy producer subject to the complaint, and the department shall place the decision in the department's administrative records.
     (5) The report of findings of any inspection conducted as the result of either an oral or a written complaint shall be placed in the department's administrative records. Only findings of violations shall be entered into the database identified in RCW 90.64.130.
     (6) A dairy farm that is determined to be a significant contributor of pollution based on actual water quality tests, photographs, or other pertinent information is subject to the provisions of this chapter and to the enforcement provisions of chapters 43.05 and 90.48 RCW, including civil penalties levied under RCW 90.48.144.
     (7) If the department determines that an unresolved water quality problem from a dairy farm requires immediate corrective action, the department shall notify the producer and the district in which the problem is located. When corrective actions are required to address such unresolved water quality problems, the department shall provide copies of all final dairy farm inspection reports and documentation of all formal regulatory and enforcement actions taken by the department against that particular dairy farm to the local conservation district and to the appropriate dairy farm within twenty days.
     (8) For a violation of water quality laws that is a first offense for a dairy producer, the penalty may be waived to allow the producer to come into compliance with water quality laws. The department shall record all legitimate violations and subsequent enforcement actions.
     (9) A discharge, including a storm water discharge, to surface waters of the state shall not be considered a violation of this chapter, chapter 90.48 RCW, or chapter 173-201A WAC, and shall therefore not be enforceable by the department of ecology or a third party, if at the time of the discharge, a violation is not occurring under RCW 90.64.010(((18))) (17). In addition, a dairy producer shall not be held liable for violations of this chapter, chapter 90.48 RCW, chapter 173-201A WAC, or the federal clean water act due to the discharge of dairy nutrients to waters of the state resulting from spreading these materials on lands other than where the nutrients were generated, when the nutrients are spread by persons other than the dairy producer or the dairy producer's agent.
     (10) As provided under RCW 7.48.305, agricultural activities associated with the management of dairy nutrients are presumed to be reasonable and shall not be found to constitute a nuisance unless the activity has a substantial adverse effect on public health and safety.
     (11) This section specifically acknowledges that if a holder of a general or individual national pollutant discharge elimination system permit complies with the permit and the dairy nutrient management plan conditions for appropriate land application practices, the permit provides compliance with the federal clean water act and acts as a shield against citizen or agency enforcement for any additions of pollutants to waters of the state or of the United States as authorized by the permit.
     (12) A dairy producer who fails to have an approved dairy nutrient management plan by July 1, 2002, or a certified dairy nutrient management plan by December 31, 2003, and for which no appeals have been filed with the pollution control hearings board, is in violation of this chapter. Each month beyond these deadlines that a dairy producer is out of compliance with the requirement for either plan approval or plan certification shall be considered separate violations of chapter 90.64 RCW that may be subject to penalties. Such penalties may not exceed one hundred dollars per month for each violation up to a combined total of five thousand dollars. The department has discretion in imposing penalties for failure to meet deadlines for plan approval or plan certification if the failure to comply is due to lack of state funding for implementation of the program. Failure to register as required in RCW 90.64.017 shall subject a dairy producer to a maximum penalty of one hundred dollars. Penalties shall be levied by the department.

Sec. 4   RCW 15.48.280 and 1967 c 114 s 15 are each amended to read as follows:
     Seed bailment contracts for the increase of agricultural seeds shall not create a security interest under the terms of the Uniform Commercial Code, chapter 62A.9A RCW. No filing, recording, or notice of a seed bailment contract shall be required under any of the laws of the state to establish, during the term of a seed bailment contract the validity of any such contracts, nor to establish and confirm in the bailor the title to all seed, seed stock, plant life and the resulting seed crop thereof grown or produced by the bailee under the terms of a bailment contract.

Sec. 5   RCW 15.60.065 and 1993 c 89 s 18 are each amended to read as follows:
     When the county legislative authority determines that it would be desirable to establish an apiary coordinated area or areas in their county, they shall make an order fixing a time and place when a hearing will be held, notice of which shall be published at least once each week for two successive weeks in a newspaper having general circulation within the county. It shall be the duty of the county legislative authority at the time fixed for such hearing, to hear all persons interested in the establishment of apiary coordinated areas as defined in this section and RCW ((15.60.180, 15.60.190, and 15.60.210)) 15.60.075 and 15.60.085.

Sec. 6   RCW 15.60.085 and 1989 c 354 s 68 are each amended to read as follows:
     When the county legislative authority of any county deems it advisable to change the boundary or boundaries of any apiary coordinated area, a hearing shall be held in the same manner as provided in RCW ((15.60.180)) 15.60.065. If the county legislative authority decides to change the boundary or boundaries of any apiary coordinated area or areas, they shall within thirty days after the conclusion of such hearing make an order describing the change or changes. Such order shall be entered upon the records of the county and published in a newspaper having general circulation in the county once each week for four successive weeks.

Sec. 7   RCW 15.60.095 and 1993 c 89 s 20 are each amended to read as follows:
     The county legislative authority of any county with a population of from forty thousand to less than seventy thousand located east of the Cascade crest and bordering in the southern side of the Snake river shall have the power to designate by an order made and published, as provided in RCW ((15.60.190)) 15.60.075, certain territories as apiary coordinated areas in which they may designate the number of colonies per apiary, the distance between apiaries, the minimum required setback distance from property lines, and the time of year the regulations shall be in effect. No territory so designated shall be less than two square miles in area.

Sec. 8   RCW 15.65.375 and 2002 c 313 s 32 are each amended to read as follows:
     Any marketing agreement or order may authorize the members of a commodity board, 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(((30))) (31) 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 board funds for this purpose.

Sec. 9   RCW 15.66.245 and 2002 c 313 s 63 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(((30))) (31) 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.

Sec. 10   RCW 15.76.115 and 2010 1st sp.s. c 37 s 912 are each amended to read as follows:
     The fair fund is created in the custody of the state treasury. All moneys received by the department of agriculture for the purposes of this fund and from RCW 67.16.105(((4))) (7) shall be deposited into the fund. At the beginning of fiscal year 2002 and each fiscal year thereafter, the state treasurer shall transfer into the fair fund from the general fund the sum of two million dollars, except for fiscal year 2011 the state treasurer shall transfer into the fair fund from the general fund the sum of one million one hundred three thousand dollars. Expenditures from the fund may be used only for assisting fairs in the manner provided in this chapter. Only the director of agriculture or the director's designee may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

Sec. 11   RCW 16.24.120 and 1989 c 286 s 12 are each amended to read as follows:
     Upon taking possession of any livestock at large contrary to the provisions of chapter 16.24 RCW ((16.13.020)), or any unclaimed livestock submitted or impounded, by any person, at any public livestock market or any other facility approved by the director, the sheriff or brand inspector shall cause it to be transported to and impounded at the nearest public livestock market licensed under chapter 16.65 RCW or at such place as approved by the director. If the sheriff has impounded an animal in accordance with this section, he or she shall forthwith notify the nearest brand inspector of the department of agriculture, who shall examine the animal and, by brand, tattoo, or other identifying characteristic, shall attempt to ascertain the ownership thereof.

Sec. 12   RCW 17.21.150 and 1994 c 283 s 18 are each amended to read as follows:
     A person who has committed any of the following acts is declared to be in violation of this chapter:
     (1) Made false or fraudulent claims through any media, misrepresenting the effect of materials or methods to be utilized;
     (2) Applied worthless or improper pesticides;
     (3) Operated a faulty or unsafe apparatus;
     (4) Operated in a faulty, careless, or negligent manner;
     (5) Refused or neglected to comply with the provisions of this chapter, the rules adopted hereunder, or of any lawful order of the director including a final order of the director directing payment of a civil penalty. In an adjudicative proceeding arising from the department's denial of a license for failure to pay a civil penalty the subject shall be limited to whether the payment was made and the proceeding may not be used to collaterally attack the final order;
     (6) Refused or neglected to keep and maintain the pesticide application records required by rule, or to make reports when and as required;
     (7) Made false or fraudulent records, invoices, or reports;
     (8) Acted as a certified applicator without having provided direct supervision to an unlicensed person as defined in RCW 17.21.020(((12))) (13);
     (9) Operated an unlicensed apparatus or an apparatus without a license plate issued for that particular apparatus;
     (10) Used fraud or misrepresentation in making an application for a license or renewal of a license;
     (11) Is not qualified to perform the type of pest control under the conditions and in the locality in which he or she operates or has operated, regardless of whether or not he or she has previously passed a pesticide license examination;
     (12) Aided or abetted a licensed or an unlicensed person to evade the provisions of this chapter, combined or conspired with such a licensed or an unlicensed person to evade the provisions of this chapter, or allowed one's license to be used by an unlicensed person;
     (13) Knowingly made false, misleading, or erroneous statements or reports during or after an inspection concerning any infestation or infection of pests found on land or in connection with any pesticide complaint or investigation;
     (14) Impersonated any state, county or city inspector or official;
     (15) Applied a restricted use pesticide without having a certified applicator in direct supervision;
     (16) Operated a commercial pesticide application business: (a) Without an individual licensed as a commercial pesticide applicator or (b) with a licensed commercial pesticide applicator not licensed in the classification or classifications in which the business operates; or
     (17) Operated as a commercial pesticide applicator without meeting the financial responsibility requirements including not having a properly executed financial responsibility insurance certificate or surety bond form on file with the department.

Sec. 13   RCW 17.26.020 and 2003 c 39 s 10 are each amended to read as follows:
     (1) Facilitating the control of spartina and purple loosestrife is a high priority for all state agencies.
     (2) The department of natural resources is responsible for spartina and purple loosestrife control on state-owned aquatic lands managed by the department of natural resources.
     (3) The department of fish and wildlife is responsible for spartina and purple loosestrife control on state-owned aquatic lands managed by the department of fish and wildlife.
     (4) The state parks and recreation commission is responsible for spartina and purple loosestrife control on state-owned aquatic lands managed by the state parks and recreation commission.
     (5) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this chapter, RCW 90.48.020, 90.58.030, and ((77.55.150)) 77.55.081:
     (a) "Spartina" means Spartina alterniflora, Spartina anglica, Spartina x townsendii, and Spartina patens.
     (b) "Purple loosestrife" means Lythrum salicaria and Lythrum virgatum.
     (c) "Aquatic noxious weed" means an aquatic weed on the state noxious weed list adopted under RCW 17.10.080.

Sec. 14   RCW 15.65.280 and 2010 c 8 s 6075 are each amended to read as follows:
     The powers and duties of the board shall be:
     (1) To elect a chair and such other officers as it deems advisable;
     (2) To advise and counsel the director with respect to the administration and conduct of such marketing agreement or order;
     (3) To recommend to the director administrative rules and orders and amendments thereto for the exercise of his or her powers in connection with such agreement or order;
     (4) To advise the director upon ((any and)) all assessments provided pursuant to the terms of such agreement or order and upon the collection, deposit, withdrawal, disbursement and paying out of all moneys;
     (5) To assist the director in the collection of such necessary information and data as the director may deem necessary in the proper administration of this chapter;
     (6) To administer the order or agreement as its administrative board if the director designates it so to do in such order or agreement;
     (7) To work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes provided in the board's marketing order or agreement;
     (8) 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 board's marketing order or agreement. Personal service contracts must comply with chapter 39.29 RCW;
     (9) 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 board's marketing order or agreement;
     (10) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of a board. The retention of a private attorney is subject to review by the office of the attorney general;
     (11) To engage in appropriate fund-raising activities for the purpose of supporting activities of the board authorized by the marketing order or agreement;
     (12) To enter into contracts or agreements for research in the production, irrigation, processing, transportation, marketing, use, or distribution of an affected commodity;
     (13) 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)) 42.17A.635, including the reporting of those activities to the public disclosure commission;
     (14) To maintain a list of the names and addresses of affected producers that may be compiled from information used to collect assessments under the marketing order or agreement, and data on the value of each producer's production for a minimum three-year period;
     (15) 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
     (16) To perform such other duties as the director may prescribe in the marketing agreement or order.
     Any agreement or order under which the commodity board administers the order or agreement shall (if so requested by the affected producers within the affected area in the proposal or promulgation hearing) contain provisions whereby the director reserves the power to approve or disapprove every order, rule or directive issued by the board, in which event such approval or disapproval shall be based on whether or not the director believes the board's action has been carried out in conformance with the purposes of this chapter.

Sec. 15   RCW 15.66.140 and 2003 c 396 s 2 are each amended to read as follows:
     Every 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 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)) 42.17A.635, including the reporting of those activities to the public disclosure commission;
     (18) 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;
     (19) 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;
     (20) To request records and audit the records of producers or handlers of the affected commodity during normal business hours to determine whether the appropriate assessment has been paid;
     (21) To acquire or own intellectual property rights, licenses, or patents and to collect royalties resulting from commission-funded research related to the affected commodity; and
     (22) Such other powers and duties that are necessary to carry out the purposes of this chapter.

Sec. 16   RCW 15.89.070 and 2009 c 373 s 9 are each amended to read as follows:
     The commission shall:
     (1) Elect a chair and officers. The officers must include a treasurer who is responsible for all receipts and disbursements by the commission and the faithful discharge of whose duties shall be guaranteed by a bond at the sole expense of the commission. The commission must adopt rules for its own governance that provide for the holding of an annual meeting for the election of officers and the transaction of other business and for other meetings the commission may direct;
     (2) Do all things reasonably necessary to effect the purposes of this chapter. However, the commission has no rule-making power except as provided in this chapter;
     (3) Employ and discharge managers, secretaries, agents, attorneys, and employees and engage the services of independent contractors;
     (4) Retain, as necessary, the services of private legal counsel to conduct legal actions on behalf of the commission. The retention of a private attorney is subject to review by the office of the attorney general;
     (5) Receive donations of beer from producers for promotional purposes under subsections (6) and (7) of this section and for fund-raising purposes under subsection (8) of this section. Donations of beer for promotional purposes may only be disseminated without charge;
     (6) Engage directly or indirectly in the promotion of Washington beer, including, without limitation, the acquisition in any lawful manner and the dissemination without charge of beer. This dissemination is not deemed a sale for any purpose and the commission is not deemed a producer, supplier, or manufacturer, or the clerk, servant, or agent of a producer, supplier, distributor, or manufacturer. This dissemination without charge shall be for agricultural development or trade promotion, and not for fund-raising purposes under subsection (8) of this section. Dissemination for promotional purposes may include promotional hosting and must in the good faith judgment of the commission be in the aid of the marketing, advertising, sale of beer, or of research related to such marketing, advertising, or sale;
     (7) Promote Washington beer by conducting unique beer tastings without charge;
     (8) Beginning July 1, 2007, fund the Washington beer commission through sponsorship of up to twelve beer festivals annually at which beer may be sold to festival participants. For this purpose, the commission would qualify for issue of a special occasion license as an exception to WAC 314-05-020 but must comply with laws under Title 66 RCW and rules adopted by the liquor control board under which such events may be conducted;
     (9) Participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, regulation, distribution, sale, or use of beer including activities authorized under RCW ((42.17.190)) 42.17A.635, including the reporting of those activities to the public disclosure commission;
     (10) Acquire and transfer personal and real property, establish offices, incur expenses, and enter into contracts, including contracts for the creation and printing of promotional literature. The contracts are not subject to chapter 43.78 RCW, and are cancelable by the commission unless performed under conditions of employment that substantially conform to the laws of this state and the rules of the department of labor and industries. The commission may create debt and other liabilities that are reasonable for proper discharge of its duties under this chapter;
     (11) Maintain accounts with one or more qualified public depositories as the commission may direct, for the deposit of money, and expend money for purposes authorized by this chapter by drafts made by the commission upon such institutions or by other means;
     (12) Cause to be kept and annually closed, in accordance with generally accepted accounting principles, accurate records of all receipts, disbursements, and other financial transactions, available for audit by the state auditor;
     (13) Create and maintain a list of producers and disseminate information among and solicit the opinions of producers with respect to the discharge of the duties of the commission, directly or by arrangement with trade associations or other instrumentalities;
     (14) Employ, designate as an agent, act in concert with, and enter into contracts with any person, council, commission, or other entity to promote the general welfare of the beer industry and particularly to assist in the sale and distribution of Washington beer in domestic and foreign commerce. The commission shall expend money necessary or advisable for this purpose and to pay its proportionate share of the cost of any program providing direct or indirect assistance to the sale and distribution of Washington beer in domestic or foreign commerce, employing and paying for vendors of professional services of all kinds;
     (15) Sue and be sued as a commission, without individual liability for acts of the commission within the scope of the powers conferred upon it by this chapter;
     (16) Serve as liaison with the liquor control board on behalf of the commission and not for any individual producer;
     (17) Receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the commission and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.

Sec. 17   RCW 15.115.140 and 2009 c 33 s 14 are each amended to read as follows:
     (1) The commission is an agency of the Washington state government subject to oversight by the director. In exercising its powers and duties, the commission shall carry out the following purposes:
     (a) To establish plans and conduct programs for advertising and sales promotion, to maintain present markets, or to create new or larger markets for wheat and barley grown in Washington;
     (b) To engage in cooperative efforts in the domestic or foreign marketing of wheat and barley grown in Washington;
     (c) To provide for carrying on research studies to find more efficient methods of production, irrigation, processing, transportation, handling, and marketing of wheat and barley grown in Washington;
     (d) To adopt rules to provide for improving standards and grades by defining, establishing, and providing labeling requirements with respect to wheat and ((barely)) barley grown in Washington;
     (e) To investigate and take necessary action to prevent unfair trade practices relating to wheat and barley grown in Washington;
     (f) To provide information or communicate on matters pertaining to the production, irrigation, processing, transportation, marketing, or uses of wheat and barley grown in Washington to any elected official or officer or employee of any agency;
     (g) To provide marketing information and services for producers of wheat and barley in Washington;
     (h) To provide information and services for meeting resource conservation objectives of producers of wheat and barley in Washington;
     (i) To provide for education and training related to wheat and barley grown in Washington; and
     (j) To assist and cooperate with the department or any local, state, or federal government agency in the investigation and control of exotic pests and diseases that could damage or affect the production or trade of wheat and barley grown in Washington.
     (2) The commission has the following powers and duties:
     (a) To collect the assessments of producers as provided in this chapter and to expend the same in accordance with this chapter;
     (b) To maintain a list of the names and addresses of affected producers that may be compiled from information used to collect assessments authorized under this chapter and data on the value of each producer's production for a minimum three-year period;
     (c) To maintain a list of the names and addresses of persons who handle wheat or barley within the affected area and data on the amount and value of the wheat and barley handled for a minimum three-year period by each person;
     (d) To request records and audit the records of producers or handlers of wheat or barley during normal business hours to determine whether the appropriate assessment has been paid;
     (e) To fund, conduct, or otherwise participate in scientific research relating to wheat or barley, including but not limited to research to find more efficient methods of irrigation, production, processing, handling, transportation, and marketing of wheat or barley, or regarding pests, pesticides, food safety, irrigation, transportation, and environmental stewardship related to wheat or barley;
     (f) To work cooperatively with local, state, and federal agencies, universities, and national organizations for the purposes provided in this chapter;
     (g) To establish a foundation using commission funds as grant money when the foundation benefits the wheat or barley industry in Washington and implements the purposes provided in this chapter;
     (h) To acquire or own intellectual property rights, licenses, or patents and to collect royalties resulting from commission-funded research related to wheat or barley;
     (i) To enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local, to carry out the purposes and powers provided in this chapter, including specifically contracts or agreements for research described in (e) of this subsection. Personal service contracts must comply with chapter 39.29 RCW;
     (j) To institute and maintain in its own name any and all legal actions necessary to carry out the provisions of this chapter, including actions by injunction, mandatory injunction or civil recovery, or proceedings before administrative tribunals or other governmental authorities;
     (k) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of the commission. The retention of a private attorney is subject to review and approval by the office of the attorney general;
     (l) To elect a chair and other officers as determined advisable;
     (m) To employ and discharge at its discretion administrators and additional personnel, advertising and research agencies, and other persons and firms as appropriate and pay compensation;
     (n) To acquire personal property and purchase or lease office space and other necessary real property and transfer and convey that real property;
     (o) To keep accurate records of all its receipts and disbursements by commodity, which records must be open to inspection and audit by the state auditor or private auditor designated by the state auditor at least every five years;
     (p) To borrow money and incur indebtedness;
     (q) To make necessary disbursements for routine operating expenses;
     (r) To expend funds for commodity-related education, training, and leadership programs as the commission deems expedient;
     (s) 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 this chapter;
     (t) To apply for and administer federal market access programs or similar programs or projects and provide matching funds as may be necessary;
     (u) To engage in appropriate fund-raising activities for the purpose of supporting activities of the commission authorized in this chapter;
     (v) 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 wheat or barley; or the regulation of the manufacture, distribution, sale, or use of any pesticide, as defined in chapter 15.58 RCW, or any agricultural chemical which is of use or potential use in producing wheat or barley. This participation may include activities authorized under RCW ((42.17.190)) 42.17A.635, including the reporting of those activities to the public disclosure commission;
     (w) To speak on behalf of the Washington state government on a nonexclusive basis regarding issues related to wheat and barley, including but not limited to trade negotiations and market access negotiations and to fund industry organizations engaging in those activities;
     (x) 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 this chapter;
     (y) To administer, enforce, direct, and control the provisions of this chapter and any rules adopted under this chapter; and
     (z) Other powers and duties that are necessary to carry out the purposes of this chapter.

Sec. 18   RCW 15.65.243 and 2002 c 313 s 24 are each amended to read as follows:
     (1) This section ((or RCW 15.65.245)) applies when the director appoints a majority of the board positions as set forth under RCW 15.65.220(3).
     (2) Candidates for director-appointed board positions on a commodity board shall be nominated under RCW 15.65.250.
     (3) The director shall cause an advisory vote to be held for the director-appointed positions. Not less than ten days in advance of the vote, advisory ballots shall be mailed to all producers or handlers entitled to vote, if their names appear upon the list of affected parties or affected producers or handlers, whichever is applicable. Notice of every advisory vote for board membership shall be published in a newspaper of general circulation within the affected area defined in the order or agreement not less than ten days in advance of the date of the vote. The advisory ballot shall 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 shall be forwarded to the director for potential appointment to the board. In the event there are only two candidates nominated for a board position, an advisory vote may not be held and the candidates' names shall be forwarded to the director for potential appointment.
     (4) The candidates whose names are forwarded to the director for potential appointment shall submit to the director a letter stating why ((he or she)) the candidate wishes to be appointed to the board. The director may select either person for the position.

Sec. 19   RCW 15.65.510 and 1989 c 354 s 29 are each amended to read as follows:
     All parties to a marketing agreement, all persons subject to a marketing order, and all producers, dealers, and handlers of a commodity governed by the provisions of a marketing agreement or order shall severally from time to time, upon the request of the director, the director's designee, or the commodity board established under the marketing agreement or order, furnish such information and permit such inspections as the director, the director's designee, or the commodity board finds to be necessary to effectuate the declared policies of this chapter and the purposes of such agreement or order. Information and inspections may also be required by the director, the director's designee, or the commodity board to ascertain and determine the extent to which such agreement or order has been carried out or has effectuated such policies and purposes, or to determine whether or not there has been any abuse of the privilege of exemption from laws relating to trusts, monopolies and restraints of trade. Such information shall be furnished in accordance with forms and reports to be prescribed by the director, the director's designee, or the commodity board. The director, the director's designee, or a designee of the commodity board is hereby authorized to inspect crops and examine such books, papers, records, copies of tax reports, accounts, correspondence, contracts, documents, or memoranda as he or she deems relevant and which are within the control:
     (1) Of any such party to such marketing agreement or, any person subject to any marketing order from whom such report was requested, or
     (2) Of any person having, either directly or indirectly, actual or legal control of or over such party, producer or handler of such records, or
     (3) Of any subsidiary of any such party, producer, handler or person.
     To carry out the purposes of this section the director or the director's designee upon giving due notice, may hold hearings, take testimony, administer oaths, subpoena witnesses and issue subpoenas for the production of books, records, documents or other writings of any kind. RCW ((15.65.080,)) 15.65.090, 15.65.100 and 15.65.110, together with such other regulations consistent therewith as the director may from time to time prescribe, shall apply with respect to any such hearing. All information furnished to or acquired by the director or the director's designee pursuant to this section shall be kept confidential by all officers and employees of the director or the director's designee and only such information so furnished or acquired as the director deems relevant shall be disclosed by the director or them, and then only in a suit or administrative hearing brought at the direction or upon the request of the director or to which the director or the director's designee or any officer of the state of Washington is a party, and involving the marketing agreement or order with reference to which the information so to be disclosed was furnished or acquired.
     Nothing in this section shall prohibit:
     (1) The issuance of general statements based upon the reports of a number of persons subject to any marketing agreement or order, which statements do not identify the information furnished by any person; or
     (2) The publication by the director or the director's designee of the name of any person violating any marketing agreement or order, together with a statement of the particular provisions and the manner of the violation of the marketing agreement or order so violated by such person.

Sec. 20   RCW 15.65.550 and 2010 c 8 s 6091 are each amended to read as follows:
     Upon the request of the director or his or her designee, it shall be the duty of the attorney general of the state of Washington and of the several prosecuting attorneys in their respective counties to institute proceedings to enforce the remedies and to collect the moneys provided for or pursuant to this chapter. Whenever the director and/or his or her designee has reason to believe that any person has violated or is violating the provisions of any marketing agreement or order issued pursuant to this chapter, the director and/or his or her designee shall have and is hereby granted the power to institute an investigation and, after due notice to such person, to conduct a hearing in order to determine the facts for the purpose of referring the matter to the attorney general or to the appropriate prosecuting attorney for appropriate action. The provisions contained in RCW ((15.65.080,)) 15.65.090, 15.65.100 and 15.65.110 shall apply with respect to such hearings.

Sec. 21   RCW 15.66.113 and 2002 c 313 s 52 are each amended to read as follows:
     (1) This section ((or RCW 15.66.115)) applies when the director appoints a majority of the positions of the commission as set forth under RCW 15.66.110(3).
     (2) Candidates for director-appointed positions on a commission shall be nominated under RCW 15.66.120(1).
     (3) Not less than sixty days nor more than seventy-five days prior to the commencement of a commission member's term, the director shall cause an advisory vote to be held for the director-appointed positions. Advisory ballots shall be mailed to all affected producers and shall be returned to the director not less than thirty days prior to the commencement of the term. The advisory ballot shall 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 shall be forwarded to the director for potential appointment to the commission. In the event there are only two candidates nominated for a position, an advisory vote may not be held and the candidates' names shall be forwarded to the director for potential appointment.
     (4) The candidates whose names are forwarded to the director for potential appointment shall submit to the director a letter stating why he or she wishes to be appointed to the commission. The director may select either person for the position.

Sec. 22   RCW 20.01.205 and 1997 c 58 s 855 are each amended to read as follows:
     The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order ((or a residential or visitation order)). If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.

Sec. 23   RCW 15.65.020 and 2009 c 549 s 1007 are each reenacted and amended to read as follows:
     The following terms are hereby defined:
     (1) "Affected commodity" means that part or portion of any agricultural commodity which is covered by or forms the subject matter of any marketing agreement or order or proposal, and includes all affected units thereof as herein defined and no others.
     (2) "Affected parties" means any producer, affected producer, handler, or commodity board member.
     (3) "Affected unit" means in the case of marketing agreements and orders drawn on the basis of a production area, any unit of the commodity specified in or covered by such agreement or order which is produced in such area and sold or marketed or delivered for sale or marketing; and "affected unit" means, in the case of marketing agreements and orders drawn on the basis of marketing area, any unit of the commodity specified in or covered by such agreement or order which is stored in frozen condition or sold or marketed or delivered for sale or marketing within such marketing area: PROVIDED, That in the case of marketing agreements "affected unit" shall include only those units which are produced by producers or handled by handlers who have assented to such agreement.
     (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, floricultural, vegetable, 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, either in its natural or processed state, including beehives containing bees and honey and Christmas trees but not including timber or timber products. The director is hereby authorized to determine (on the basis of common usage and practice) what kinds, types or sub-types should be classed together as an agricultural commodity for the purposes of this chapter.
     (5) "Assessment" means the monetary amount established in a marketing order or agreement that is to be paid by each affected producer to a commodity board in accordance with the schedule established in the marketing order or agreement.
     (6) "Commercial quantities" as applied to producers and/or production means such quantities per year (or other period of time) of an agricultural commodity as the director finds are not less than the minimum which a prudent person engaged in agricultural production would produce for the purpose of making such quantity of such commodity a substantial contribution to the economic operation of the farm on which such commodity is produced. "Commercial quantities" as applied to handlers and/or handling means such quantities per year (or other period of time) of an agricultural commodity or product thereof as the director finds are not less than the minimum which a prudent person engaged in such handling would handle for the purpose of making such quantity a substantial contribution to the handling operation in which such commodity or product thereof is so handled. In either case, the director may in his or her discretion: (a) Determine that substantial quantity is any amount above zero; and (b) apply the quantity so determined on a uniform rule applicable alike to all persons which he or she finds to be similarly situated.
     (7) "Commodity board" means any board established pursuant to RCW 15.65.220. "Board" means any such commodity board unless a different board is expressly specified.
     (8) "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 of February 18, 1922 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.
     (9) "Department" means the department of agriculture of the state of Washington.
     (10) "Director" means the director of agriculture of the state of Washington or his or her duly appointed representative. The phrase "director or his or her designee" means the director unless, in the provisions of any marketing agreement or order, he or she has designated an administrator, board, or other designee to act in the matter designated, in which case "director or his or her designee" means for such order or agreement the administrator, board, or other person(s) so designated and not the director.
     (11) "Handler" means any person who acts, either as principal, agent or otherwise, in processing, selling, marketing or distributing an agricultural commodity or storage of a frozen agricultural commodity which was not produced by him or her. "Handler" does not mean a common carrier used to transport an agricultural commodity. "Affected handler" means any handler of an affected commodity. "To handle" means to act as a handler.
     (12) "List of affected handlers" means a list containing the names and addresses of affected handlers. This list shall 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.
     (13) "List of affected parties" means a list containing the names and mailing addresses of affected parties. This list shall 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.
     (14) "List of affected producers" means a list containing the names and mailing addresses of affected producers. This list shall 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.
     (15) "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.
     (16) "Marketing agreement" means an agreement entered into and issued by the director pursuant to this chapter.
     (17) "Marketing order" means an order adopted by the director under this chapter that establishes a commodity board for an agricultural commodity or agricultural commodities with like or common qualities or producers.
     (18) "Member of a cooperative association" means any producer 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 a party to a marketing agreement with such cooperative association with respect to such product.
     (19) "Percent by numbers" means the percent of those persons on the list of affected parties or affected producers.
     (20) "Person" means 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.
     (21) "Producer" means any person engaged in the business of producing any agricultural commodity for market in commercial quantities. "Affected producer" means any producer who is subject to a marketing order or agreement. "To produce" means to act as a producer. For the purposes of RCW 15.65.140 and 15.65.160 as now or hereafter amended "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.     
     (22) "Producer-handler" means any person who acts both as a producer and as a handler with respect to any agricultural commodity. A producer-handler shall be deemed to be a producer with respect to the agricultural commodities which he or she produces, and a handler with respect to the agricultural commodities which he or she handles, including those produced by himself or herself.
     (23) "Producer marketing" or "marketed by producers" means any or all operations performed by any producer or cooperative association of producers in preparing for market and marketing, and shall include: (a) selling any agricultural commodity produced by such producer(s) to any handler; (b) delivering any such commodity or otherwise disposing of it for commercial purposes to or through any handler.
     (24) "Production area" and "marketing area" means any area defined as such in any marketing order or agreement in accordance with RCW 15.65.350. "Affected area" means the marketing or production area so defined in such order, agreement or proposal.
     (25) "Represented in a referendum" means that a written document evidencing approval or assent or disapproval or dissent is duly and timely filed with or mailed to the director by or on behalf of an affected producer and/or a volume of production of an affected commodity in a form which the director finds meets the requirements of this chapter. "Referendum" means a vote by the affected parties or affected producers which is conducted by secret ballot.
     (26) "Rule-making proceedings" means the rule-making provisions as outlined in chapter 34.05 RCW.
     (27) "Section" means a section of this chapter unless some other statute is specifically mentioned. The present includes the past and future tenses, and the past or future the present. The masculine gender includes the feminine and neuter. The singular number includes the plural and the plural includes the singular.
     (28) "Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter or trade.
     (29) "Unit" of an agricultural commodity means a unit of volume, weight, quantity, or other measure in which such commodity is commonly measured. The director shall designate in each marketing order and agreement the unit to be used therein.
     (30) "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.
     (31) "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 or agreement.

Sec. 24   RCW 15.65.033 and 2002 c 313 s 3 are each amended to read as follows:
     This chapter and the rules adopted under it are only one aspect of the comprehensively regulated agricultural industry.
     (1) Other laws applicable to agricultural commodities include the following chapters and the rules adopted thereunder:
     Chapter 15.08 RCW Horticultural pests and diseases;
     Chapter 15.13 RCW Horticultural plants, Christmas trees, and facilities -- Inspection and licensing;
     Chapter 15.14 RCW Planting stock;
     Chapter 15.15 RCW Certified seed potatoes;
     Chapter 15.17 RCW Standards of grades and packs;
     Chapter 15.19 RCW Certification and inspection of ginseng;
     Chapter 15.30 RCW Controlled atmosphere storage of fruits and vegetables;
     Chapter 15.49 RCW Seeds;
     Chapter 15.53 RCW Commercial feed;
     Chapter 15.54 RCW Fertilizers, minerals, and limes;
     Chapter 15.58 RCW Washington pesticide control act;
     Chapter 15.60 RCW Apiaries;
     Chapter 15.64 RCW Farm marketing;
     Chapter 15.83 RCW Agricultural marketing and fair practices;
     Chapter 15.85 RCW Aquaculture marketing;
     Chapter 15.86 RCW Organic ((food)) products;
     Chapter 15.92 RCW Center for sustaining agriculture and natural resources;
     Chapter 17.24 RCW Insect pests and plant diseases;
     Chapter 19.94 RCW Weights and measures;
     Chapter 20.01 RCW Agricultural products -- Commission merchants, dealers, brokers, buyers, agents;
     Chapter 22.09 RCW Agricultural commodities;
     Chapter 69.04 RCW Food, drugs, 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;
     Chapter 69.07 RCW Washington food processing act;
     Chapter 69.25 RCW Washington wholesome eggs and egg products act;
     Chapter 69.28 RCW Honey;
     7 U.S.C., section 136, Federal insecticide, fungicide, and rodenticide act.
     (2) In addition to the laws and regulations listed in subsection (1) of this section that apply to the agricultural industry as a whole, the dry pea and lentil industry is regulated by or must comply with the additional laws and rules adopted under 7 U.S.C., chapter 38, agricultural marketing act.

Sec. 25   RCW 15.66.010 and 2002 c 313 s 39 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 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 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 who is subject to a marketing order.
     (7) "Affected commodity" means 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 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 commission member leaves or is removed from a position on the commission 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. 26   RCW 15.66.017 and 2002 c 313 s 41 are each amended to read as follows:
     This chapter and the rules adopted under it are only one aspect of the comprehensively regulated agricultural industry.
     (1) Other laws applicable to agricultural commodities include the following chapters and the rules adopted thereunder:
     Chapter 15.08 RCW Horticultural pests and diseases;
     Chapter 15.13 RCW Horticultural plants, Christmas trees, and facilities -- Inspection and licensing;
     Chapter 15.14 RCW Planting stock;
     Chapter 15.15 RCW Certified seed potatoes;
     Chapter 15.17 RCW Standards of grades and packs;
     Chapter 15.19 RCW Certification and inspection of ginseng;
     Chapter 15.30 RCW Controlled atmosphere storage of fruits and vegetables;
     Chapter 15.49 RCW Seeds;
     Chapter 15.53 RCW Commercial feed;
     Chapter 15.54 RCW Fertilizers, minerals, and limes;
     Chapter 15.58 RCW Washington pesticide control act;
     Chapter 15.60 RCW Apiaries;
     Chapter 15.64 RCW Farm marketing;
     Chapter 15.83 RCW Agricultural marketing and fair practices;
     Chapter 15.85 RCW Aquaculture marketing;
     Chapter 15.86 RCW Organic ((food)) products;
     Chapter 15.92 RCW Center for sustaining agriculture and natural resources;
     Chapter 17.24 RCW Insect pests and plant diseases;
     Chapter 19.94 RCW Weights and measures;
     Chapter 20.01 RCW Agricultural products -- Commission merchants, dealers, brokers, buyers, agents;
     Chapter 22.09 RCW Agricultural commodities;
     Chapter 69.04 RCW Food, drugs, 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;
     Chapter 69.07 RCW Washington food processing act;
     Chapter 69.25 RCW Washington wholesome eggs and egg products act;
     Chapter 69.28 RCW Honey;
     7 U.S.C., section 136, Federal insecticide, fungicide, and rodenticide act.
     (2) In addition to the laws and regulations listed in subsection (1) of this section 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;
     (c) 7 C.F.R., Part 1207, Potato research and promotion plan.
     (3) In addition to the laws and regulations listed in subsection (1) of this section 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., section 1621, Agricultural marketing act;
     (b) Chapter 70.94 RCW, Washington clean air act, agricultural burning.
     (4) In addition to the laws and regulations listed in subsection (1) of this section 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;
     (c) 7 U.S.C., section 1621, Agricultural marketing act;
     (d) Washington fryer commission labeling standards.

Sec. 27   RCW 15.24.900 and 2002 c 313 s 134 are each amended to read as follows:
     (1) This chapter is passed:
     (a) In the exercise of the police power of the state to assure, through this chapter, and other chapters, that the apple industry is highly regulated to protect the public health, to prevent fraudulent practices, to promote the welfare of the state, and to stabilize and protect the apple industry of the state as a vital and integral part of its economy for the benefit of all its citizens;
     (b) Because the apple crop grown in Washington comprises one of the major agricultural crops of Washington, and that therefore the business of selling and distributing such crop and the expanding and protection of its market is of public interest;
     (c) Because it is necessary and expedient to enhance the reputation of Washington apples in domestic and foreign markets;
     (d) Because it is necessary to discover the health giving qualities and food and dietetic value of Washington apples, and to spread that knowledge throughout the world in order to increase the consumption of Washington apples;
     (e) Because Washington grown apples are handicapped by high freight rates in competition with eastern and foreign grown apples in the markets of the world, and this disadvantage can only be overcome by education and advertising;
     (f) Because the stabilizing and promotion of the apple industry, the enlarging of its markets, and the increasing of the consumption of apples are necessary to assure and increase the payment of taxes to the state and its subdivisions, to alleviate unemployment within the state, and increase wages for agricultural labor;
     (g) To disseminate information giving the public full knowledge of the manner of production, the cost and expense thereof, the care taken to produce and sell only apples of the finest quality, the methods and care used in preparing for market, and the methods of sale and distribution to increase the amount secured by the producer therefor, so that they can pay higher wages and pay their taxes, and by such information to reduce the cost of distribution so that the spread between the cost to the consumer and the amount received by the producer will be reduced to the minimum absolutely necessary; and
     (h) To protect the general public by educating it in reference to the various varieties and grades of Washington apples, the time to use and consume each variety, and the uses to which each variety should be put.
     (2) The history, economy, culture, and future of Washington state's agricultural industry involves the apple industry. In order to develop and promote apples and apple products as part of an existing comprehensive scheme to regulate those products, the legislature declares:
     (a) That it is vital to the continued economic well-being of the citizens of this state and their general welfare that its apple and apple products be properly promoted by establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standards of and for apples and apple products; and by working to stabilize the apple industry and by increasing consumption of apples and apple products within the state, nation, and internationally;
     (b) That apple producers operate within a regulatory environment that imposes burdens on them for the benefit of society and the citizens of the state and includes restrictions on marketing autonomy. Those restrictions may impair the agricultural producer's ability to compete in local, domestic, and foreign markets;
     (c) That it is in the overriding public interest that support for the apple industry be clearly expressed, that adequate protection be given to agricultural commodities, uses, activities, and operations, and that apples and apple products be promoted individually, as well as part of a comprehensive promotion of the agricultural industry to:
     (i) Enhance the reputation and image of Washington state's agricultural industry;
     (ii) Increase the sale and use of apples and apple products in local, domestic, and foreign markets;
     (iii) Protect the public and consumers by correcting any false or misleading information and by educating the public in reference to the quality, care, and methods used in the production of apples and apple products, and in reference to the various sizes, grades, and varieties of apples and the uses to which each should be put;
     (iv) Increase the knowledge of the health-giving qualities and dietetic value of apple products; and
     (v) Support and engage in programs or activities that benefit the production, handling, processing, marketing, and uses of apples and apple products;
     (d) That the apple industry is a highly regulated industry and that this chapter and the rules adopted under it are only one aspect of the regulation of the industry. Other regulations and restraints applicable to the apple industry include:
     (i) Washington agriculture general provisions, chapter 15.04 RCW;
     (ii) Pests and diseases, chapter 15.08 RCW;
     (iii) Standards of grades and packs, chapter 15.17 RCW;
     (iv) Tree fruit research, chapter 15.26 RCW;
     (v) Controlled atmosphere storage, chapter 15.30 RCW;
     (vi) Higher education in agriculture, chapter ((28.30 [28B.30])) 28B.30 RCW;
     (vii) Department of agriculture, chapter 43.23 RCW;
     (viii) Fertilizers, minerals, and limes under chapter 15.54 RCW;
     (ix) Organic ((food)) products act under chapter 15.86 RCW;
     (x) Intrastate commerce in food, drugs, and cosmetics under chapter 69.04 RCW and rules;
     (xi) Horticultural plants, Christmas trees, and facilities--Inspection and licensing under chapter 15.13 RCW;
     (xii) Planting stock under chapter 15.14 RCW;
     (xiii) Washington pesticide control act under chapter 15.58 RCW;
     (xiv) Farm marketing under chapter 15.64 RCW;
     (xv) Insect pests and plant diseases under chapter 17.24 RCW;
     (xvi) Weights and measures under chapter 19.94 RCW;
     (xvii) Agricultural products -- Commission merchants, dealers, brokers, buyers, and agents under chapter 20.01 RCW; and
     (xviii) The federal insecticide, fungicide, and rodenticide act under 7 U.S.C. Sec. 136; and
     (e) That this chapter is in the exercise of the police powers of this state for the purposes of protecting the health, peace, safety, and general welfare of the people of this state.

Sec. 28   RCW 15.28.015 and 2002 c 313 s 103 are each amended to read as follows:
     The history, economy, culture, and the future of Washington state's agriculture involves the production of soft tree fruits. In order to develop and promote Washington's soft tree fruits as part of an existing comprehensive regulatory scheme the legislature declares:
     (1) That the Washington state fruit commission is created;
     (2) That it is vital to the continued economic well-being of the citizens of this state and their general welfare that its soft tree fruits be properly promoted by (a) enabling the soft tree fruit industry to help themselves in establishing orderly, fair, sound, efficient, and unhampered cooperative marketing, grading, and standardizing of soft tree fruits they produce; and (b) working to stabilize the soft tree fruit industry by increasing consumption of soft tree fruits within the state, the nation, and internationally;
     (3) That producers of soft tree fruits operate within a regulatory environment that imposes burdens on them for the benefit of society and the citizens of the state and includes restrictions on marketing autonomy. Those restrictions may impair the producers of soft tree fruits in their ability to compete in local, domestic, and foreign markets;
     (4) That it is in the overriding public interest that support for the soft tree fruit industry be clearly expressed, that adequate protection be given to agricultural commodities, uses, activities, and operations, and that soft tree fruits be promoted individually, and as part of a comprehensive industry to:
     (a) Enhance the reputation and image of Washington state's agriculture industry;
     (b) Increase the sale and use of Washington state's soft tree fruits 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 soft tree fruits;
     (d) Increase the knowledge of the health-giving qualities and dietetic value of soft tree fruits;
     (e) Support and engage in cooperative programs or activities that benefit the production, handling, processing, marketing, and uses of soft tree fruits produced in Washington state;
     (5) 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 and to stabilize and protect the soft tree fruit industry of the state; and
     (6) That the production and marketing of soft tree fruit is a highly regulated industry and that the provisions of this chapter and the rules adopted under it are only one aspect of the regulated industry. Other regulations and restraints applicable to the soft tree fruit industry include:
     (a) The federal marketing order under 7 C.F.R. Part 922 (apricots);
     (b) The federal marketing order under 7 C.F.R. Part 923 (sweet cherries);
     (c) The federal marketing order under 7 C.F.R. Part 924 (prunes);
     (d) The federal marketing order under 7 C.F.R. Part 930 (tart cherries);
     (e) The federal marketing order under 7 C.F.R. Part 931 (Bartlett pears);
     (f) Tree fruit research act under chapter 15.26 RCW;
     (g) Controlled atmosphere storage of fruits and vegetables under chapter 15.30 RCW;
     (h) Organic ((food)) products act under chapter 15.86 RCW;
     (i) Intrastate commerce in food, drugs, and cosmetics under chapter 69.04 RCW and rules;
     (j) Washington food processing act under chapter 69.07 RCW;
     (k) Washington food storage warehouses act under chapter 69.10 RCW;
     (l) Weighmasters under chapter 15.80 RCW;
     (m) Horticultural pests and diseases under chapter 15.08 RCW;
     (n) Horticultural plants, Christmas trees, and facilities--Inspection and licensing under chapter 15.13 RCW;
     (o) Planting stock under chapter 15.14 RCW;
     (p) Standards of grades and packs under chapter 15.17 RCW;
     (q) Washington pesticide control act under chapter 15.58 RCW;
     (r) Farm marketing under chapter 15.64 RCW;
     (s) Insect pests and plant diseases under chapter 17.24 RCW;
     (t) Weights and measures under chapter 19.94 RCW;
     (u) Agricultural products -- Commission merchants, dealers, brokers, buyers, and agents under chapter 20.01 RCW; and
     (v) Rules under the Washington Administrative Code, Title 16.

Sec. 29   RCW 15.44.015 and 2002 c 313 s 87 are each amended to read as follows:
     The history, economy, culture, and the future of Washington state's agriculture involves the dairy industry. In order to develop and promote Washington's dairy products as part of an existing comprehensive scheme to regulate those products the legislature declares:
     (1) That the Washington state dairy products commission is created. The commission may also take actions under the name "the dairy farmers of Washington";
     (2) That it is vital to the continued economic well-being of the citizens of this state and their general welfare that its dairy products be properly promoted by (a) enabling the dairy industry to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standardizing of the dairy products they produce; and (b) working to stabilize the dairy industry by increasing consumption of dairy products within the state, the nation, and internationally;
     (3) That dairy producers operate within a regulatory environment that imposes burdens on them for the benefit of society and the citizens of the state and includes restrictions on marketing autonomy. Those restrictions may impair the dairy producer's ability to compete in local, domestic, and foreign markets;
     (4) That it is in the overriding public interest that support for the dairy industry be clearly expressed, that adequate protection be given to agricultural commodities, uses, activities, and operations, and that dairy products be promoted individually, and as part of a comprehensive industry to:
     (a) Enhance the reputation and image of Washington state's agriculture industry;
     (b) Increase the sale and use of Washington state's dairy products 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 dairy products;
     (d) Increase the knowledge of the health-giving qualities and dietetic value of dairy products; and
     (e) Support and engage in programs or activities that benefit the production, handling, processing, marketing, and uses of dairy products produced in Washington state;
     (5) 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; and
     (6) That the dairy industry is a highly regulated industry and that this chapter and the rules adopted under it are only one aspect of the regulated industry. Other regulations and restraints applicable to the dairy industry include the:
     (a) Federal marketing order under 7 C.F.R., Part 1124;
     (b) Dairy promotion program under the dairy and tobacco adjustment act of 1983, Subtitle B;
     (c) Milk and milk products act under chapter 15.36 RCW and rules, including:
     (i) The national conference of interstate milk shippers pasteurized milk ordinance;
     (ii) The national conference of interstate milk shippers dry milk ordinance;
     (iii) Standards for the fabrication of single-service containers;
     (iv) Procedures governing cooperative state-public health service;
     (v) Methods of making sanitation ratings of milk supplies;
     (vi) Evaluation and certification of milk laboratories; and
     (vii) Interstate milk shippers;
     (d) Milk and milk products for animal food act under chapter 15.37 RCW and rules;
     (e) Organic ((food)) products act under chapter 15.86 RCW and rules;
     (f) Intrastate commerce in food, drugs, and cosmetics act under chapter 69.04 RCW and rules, including provisions of 21 C.F.R. relating to the general manufacturing practices, milk processing, food labeling, food standards, and food additives;
     (g) Washington food processing act under chapter 69.07 RCW and rules;
     (h) Washington food storage warehouses act under chapter 69.10 RCW and rules;
     (i) Animal health under chapter 16.36 RCW and rules;
     (j) Weighmasters under chapter 15.80 RCW and rules; and
     (k) Dairy nutrient management act under chapter 90.64 RCW and rules.

Sec. 30   RCW 15.88.025 and 2002 c 313 s 110 are each amended to read as follows:
     The history, economy, culture, and future of Washington state's agriculture involves the wine industry. In order to develop and promote wine grapes and wine as part of an existing comprehensive scheme to regulate those products the legislature declares:
     (1) That it is vital to the continued economic well-being of the citizens of this state and their general welfare that its wine grapes and wine be properly promoted by (a) enabling the wine industry to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing of wine grapes and wines they produce; and (b) working to stabilize the wine industry by increasing markets for wine grapes and wine within the state, the nation, and internationally;
     (2) That wine grape growers and wine producers operate within a regulatory environment that imposes burdens on them for the benefit of society and the citizens of the state and includes restrictions on marketing autonomy. Those restrictions may impair the wine grape growers' and wine producers' ability to compete in local, domestic, and foreign markets;
     (3) That it is in the overriding public interest that support for the wine industry be clearly expressed; that adequate protection be given to agricultural commodities, uses, activities, and operations; and that wine grapes and wine be promoted individually, and as part of a comprehensive industry to:
     (a) Enhance the reputation and image of Washington state's agriculture industry;
     (b) Increase the sale and use of wine grapes and wine 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 wine grapes and wine;
     (d) Increase the knowledge of the qualities and value of Washington's wine grapes and wine; and
     (e) Support and engage in programs or activities that benefit the production, handling, processing, marketing, and uses of wine grapes and wine;
     (4) 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; and
     (5) That the production and marketing of wine grapes and wine is a highly regulated industry and that the provisions of this chapter and the rules adopted under it are only one aspect of the regulated industry. Other regulations and restraints applicable to the wine grape and wine industry include:
     (a) Organic ((food)) products act under chapter 15.86 RCW;
     (b) Horticultural pests and diseases under chapter 15.08 RCW;
     (c) Horticultural plants, Christmas trees, and facilities--Inspection and licensing under chapter 15.13 RCW;
     (d) Planting stock under chapter 15.14 RCW;
     (e) Washington pesticide control act under chapter 15.58 RCW;
     (f) Insect pests and plant diseases under chapter 17.24 RCW;
     (g) Wholesale distributors and suppliers of wine and malt beverages under chapter 19.126 RCW;
     (h) Weights and measures under chapter 19.94 RCW;
     (i) Title 66 RCW, alcoholic beverage control;
     (j) Title 69 RCW, food, drugs, 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;
     (k) Chapter 69.07 RCW, Washington food processing act;
     (l) 27 U.S.C., Secs. 201 through 211, 213 through 219a, and 122A;
     (m) 27 C.F.R., Parts 1, 6, 9, 10, 12, 16, 240, 251, 252; and
     (n) Rules under Titles 16 and 314 WAC, and rules adopted under chapter 15.88 RCW.

Sec. 31   RCW 15.89.025 and 2006 c 330 s 3 are each amended to read as follows:
     The history, economy, culture, and future of Washington state's agriculture involve the beer industry. In order to develop and promote beer as part of an existing comprehensive scheme to regulate those products, the legislature declares that:
     (1) It is vital to the continued economic well-being of the citizens of this state and their general welfare that beer produced in Washington state be properly promoted;
     (2) It is in the overriding public interest that support for the Washington beer industry be clearly expressed and that beer be promoted individually, and as part of a comprehensive industry to:
     (a) Enhance the reputation and image of Washington state's agriculture industry;
     (b) Protect the public by educating the public in reference to the quality, care, and methods used in the production of beer;
     (c) Increase the knowledge of the qualities and value of Washington's beer; and
     (d) Support and engage in programs or activities that benefit the production, handling, processing, marketing, and uses of beer;
     (3) This chapter is enacted in the exercise of the police powers of this state to protect the health, peace, safety, and general welfare of the people of this state; and
     (4) The production and marketing of beer is a highly regulated industry and this chapter and the rules adopted under it are only one aspect of the regulated industry. Other laws applicable to the beer industry include:
     (a) The organic ((food)) products act, chapter 15.86 RCW;
     (b) The wholesale distributors and suppliers of malt beverages, chapter 19.126 RCW;
     (c) Weights and measures, chapter 19.94 RCW;
     (d) Title 66 RCW, alcoholic beverage control;
     (e) Title 69 RCW, food, drugs, cosmetics, and poisons;
     (f) 21 C.F.R. as it relates to general manufacturing practices, food labeling, food standards, food additives, and pesticide tolerances;
     (g) Chapter 69.07 RCW, Washington food processing act;
     (h) 27 U.S.C. Secs. 201 through 211, 213 through 219a, and 122A;
     (i) 27 C.F.R. Parts 1, 6, 9, 10, 12, 16, 240, 251, and 252; and
     (j) Rules under Title 314 WAC.

Sec. 32   RCW 15.92.010 and 1995 c 390 s 4 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Agricultural commodity" means any distinctive type of agricultural, horticultural, viticultural, floricultural, vegetable, or animal product, including but not limited to, products qualifying as organic ((food)) products under chapter 15.86 RCW, private sector cultured aquatic products as defined in RCW 15.85.020, bees and honey, and Christmas trees but not including timber or timber products.
     (2) "Center" means the center for sustaining agriculture and natural resources established at Washington State University.
     (3) "Laboratory" means the food and environmental quality laboratory established at Washington State University at Tri-Cities.
     (4) "Integrated pest management" is a strategy that uses various combinations of pest control methods, biological, cultural, and chemical, in a compatible manner to achieve satisfactory control and ensure favorable economic and environmental consequences.
     (5) "IR-4 program" means interregional research project number four, clearances of chemicals and biologics for minor or special uses, established in 1963 by the cooperative state research service of the United States department of agriculture, the coordinated national program involving land-grant universities and the United States department of agriculture to provide data required for the registration of pesticides needed for the production of minor crops.
     (6) "Minor crop" means an agricultural crop considered to be minor in the national context of registering pesticides.
     (7) "Minor use" means a pesticide use considered to be minor in the national context of registering pesticides including, but not limited to, a use for a special local need.
     (8) "Natural resources" means soil, water, air, forests, wetlands, wildlands, and wildlife.
     (9) "Pesticide" means chemical or biologic used to control pests such as insect, rodent, nematode, snail, slug, weed, virus, or any organism the director of agriculture may declare to be a pest.
     (10) "Registration" means use of a pesticide approved by the state department of agriculture.
     (11) "Sustainable agriculture" means a systems approach to farming, ranching, and natural resource production that builds on and supports the physical, biological, and ecological resource base upon which agriculture depends. The goals of sustainable agriculture are to provide human food and fiber needs in an economically viable manner for the agriculture industry and in a manner which protects the environment and contributes to the overall safety and quality of life.

Sec. 33   RCW 15.115.020 and 2009 c 33 s 2 are each amended to read as follows:
     The wheat and barley industries are highly regulated industries, and this chapter and the rules adopted under it are only one aspect of the regulation of those industries. Other regulations and restraints applicable to the wheat and barley industries include:
     (1) Chapter 15.04 RCW, Washington agriculture general provisions;
     (2) Chapter 15.08 RCW, horticultural pests and diseases;
     (3) Chapter 15.14 RCW, planting stock;
     (4) Chapter 15.49 RCW, seeds;
     (5) Chapter 15.54 RCW, fertilizers, minerals, and limes;
     (6) Chapter 15.58 RCW, Washington pesticide control act;
     (7) Chapter 15.64 RCW, farm marketing;
     (8) Chapter 15.83 RCW, agricultural marketing and fair practices;
     (9) Chapter 15.86 RCW, organic ((food)) products;
     (10) Chapter 15.92 RCW, center for sustaining agriculture and natural resources;
     (11) Chapter 17.24 RCW, insect pests and plant diseases;
     (12) Chapter 19.94 RCW, weights and measures;
     (13) Chapter 20.01 RCW, agricultural products -- commission merchants, dealers, brokers, buyers, agents;
     (14) Chapter 22.09 RCW, agricultural commodities;
     (15) Chapter 43.23 RCW, department of agriculture;
     (16) Chapter 69.04 RCW, food, drugs, cosmetics, and poisons including provisions of Title 21 U.S.C. relating to the general manufacturing practices, food labeling, food standards, food additives, and pesticide tolerances;
     (17) Chapter 70.94 RCW, Washington clean air act, agricultural burning;
     (18) 7 U.S.C., Sec. 136, federal insecticide, fungicide, and rodenticide act; and
     (19) 7 U.S.C., Sec. 1621, agricultural marketing act.

Sec. 34   RCW 16.67.035 and 2002 c 313 s 79 are each amended to read as follows:
     The history, economy, culture, and the future of Washington state's agriculture involves the beef industry. In order to develop and promote beef and beef products as part of an existing comprehensive scheme to regulate those products the legislature declares:
     (1) That the Washington state beef commission is created;
     (2) That it is vital to the continued economic well-being of the citizens of this state and their general welfare that its beef and beef products be properly promoted by (a) enabling the beef industry to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standardizing of beef and beef products they produce; and (b) working to stabilize the beef industry by increasing consumption of beef and beef products within the state, the nation, and internationally;
     (3) That beef producers operate within a regulatory environment that imposes burdens on them for the benefit of society and the citizens of the state and includes restrictions on marketing autonomy. Those restrictions may impair the beef producer's ability to compete in local, domestic, and foreign markets;
     (4) That it is in the overriding public interest that support for the beef industry be clearly expressed, that adequate protection be given to agricultural commodities, uses, activities, and operations, and that beef and beef products be promoted individually, and as part of a comprehensive industry to:
     (a) Enhance the reputation and image of Washington state's agriculture industry;
     (b) Increase the sale and use of beef products 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 beef and beef products, and in reference to the various cuts and grades of beef and the uses to which each should be put;
     (d) Increase the knowledge of the health-giving qualities and dietetic value of beef products; and
     (e) Support and engage in programs or activities that benefit the production, handling, processing, marketing, and uses of beef and beef products;
     (5) 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; and
     (6) That the beef industry is a highly regulated industry and that this chapter and the rules adopted under it are only one aspect of the regulated industry. Other regulations and restraints applicable to the beef industry include the:
     (a) Beef promotion and research act of 1985, U.S.C. Title 7, chapter 62;
     (b) Beef promotion and research, 7 C.F.R., Part 1260;
     (c) Agricultural marketing act, 7 U.S.C., section 1621;
     (d) USDA meat grading, certification, and standards, 7 C.F.R., Part 54;
     (e) Mandatory price reporting, 7 C.F.R., Part 57;
     (f) Grazing permits, 43 C.F.R., Part 2920;
     (g) Capper-Volstead act, U.S.C. Title 7, chapters 291 and 292;
     (h) Livestock identification under chapter 16.57 RCW and rules;
     (i) Organic ((food)) products act under chapter 15.86 RCW and rules;
     (j) Intrastate commerce in food, drugs, and cosmetics act under chapter 69.04 RCW and rules, including provisions of 21 C.F.R. relating to the general manufacturing practices, food labeling, food standards, food additives, and pesticide tolerances;
     (k) Washington food processing act under chapter 69.07 RCW and rules;
     (l) Washington food storage warehouses act under chapter 69.10 RCW and rules;
     (m) Animal health under chapter 16.36 RCW and rules; and
     (n) Weights and measures under chapter 19.94 RCW and rules.

Sec. 35   RCW 15.58.030 and 2004 c 100 s 6 are each amended to read as follows:
     As used in this chapter the words and phrases defined in this section shall have the meanings indicated unless the context clearly requires otherwise.
     (1) "Active ingredient" means any ingredient which will prevent, destroy, repel, control, or mitigate pests, or which will act as a plant regulator, defoliant, desiccant, or spray adjuvant.
     (2) "Antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment.
     (3) "Arthropod" means any invertebrate animal that belongs to the phylum arthropoda, which in addition to insects, includes allied classes whose members are wingless and usually have more than six legs; for example, spiders, mites, ticks, centipedes, and isopod crustaceans.
     (4) "Complete wood destroying organism inspection" means inspection for the purpose of determining evidence of infestation, damage, or conducive conditions as part of the transfer, exchange, or refinancing of any structure in Washington state. Complete wood destroying organism inspections include any wood destroying organism inspection that is conducted as the result of telephone solicitation by an inspection, pest control, or other business, even if the inspection would fall within the definition of a specific wood destroying organism inspection.
     (5) "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant with or without causing abscission.
     (6) "Department" means the Washington state department of agriculture.
     (7) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues.
     (8) "Device" means any instrument or contrivance intended to trap, destroy, control, repel, or mitigate pests, or to destroy, control, repel or mitigate fungi, nematodes, or such other pests, as may be designated by the director, but not including equipment used for the application of pesticides when sold separately from the pesticides.
     (9) "Director" means the director of the department or a duly authorized representative.
     (10) "Distribute" means to offer for sale, hold for sale, sell, barter, or supply pesticides in this state.
     (11) "EPA" means the United States environmental protection agency.
     (12) "EPA restricted use pesticide" means any pesticide with restricted uses as classified for restricted use by the administrator, EPA.
     (13) "FIFRA" means the federal insecticide, fungicide, and rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec. 136 et seq.).
     (14) "Fungi" means all nonchlorophyll-bearing thallophytes (all nonchlorophyll-bearing plants of a lower order than mosses and liverworts); for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living persons or other animals.
     (15) "Fungicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any fungi.
     (16) "Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed.
     (17) "Inert ingredient" means an ingredient which is not an active ingredient.
     (18) "Ingredient statement" means a statement of the name and percentage of each active ingredient together with the total percentage of the inert ingredients in the pesticide, and when the pesticide contains arsenic in any form, the ingredient statement shall also include percentages of total and water soluble arsenic, each calculated as elemental arsenic. The ingredient statement for a spray adjuvant must be consistent with the labeling requirements adopted by rule.
     (19) "Insect" means any of the numerous small invertebrate animals whose bodies are more or less obviously segmented, and which for the most part belong to the class insecta, comprising six-legged, usually winged forms, for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, for example, spiders, mites, ticks, centipedes, and isopod crustaceans.
     (20) "Insecticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any insects which may be present in any environment whatsoever.
     (21) "Inspection control number" means a number obtained from the department that is recorded on wood destroying organism inspection reports issued by a structural pest inspector in conjunction with the transfer, exchange, or refinancing of any structure.
     (22) "Label" means the written, printed, or graphic matter on, or attached to, the pesticide, device, or immediate container, and the outside container or wrapper of the retail package.
     (23) "Labeling" means all labels and other written, printed, or graphic matter:
     (a) Upon the pesticide, device, or any of its containers or wrappers;
     (b) Accompanying the pesticide, or referring to it in any other media used to disseminate information to the public; and
     (c) To which reference is made on the label or in literature accompanying or referring to the pesticide or device except when accurate nonmisleading reference is made to current official publications of the department, United States departments of agriculture; interior; education; health and human services; state agricultural colleges; and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.
     (24) "Land" means all land and water areas, including airspace and all plants, animals, structures, buildings, devices and contrivances, appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation.
     (25) "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 using a master application and a master license expiration date common to each renewable license endorsement.
     (26) "Nematocide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate nematodes.
     (27) "Nematode" means any invertebrate animal of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants or plant parts, may also be called nemas or eelworms.
     (28) "Person" means any individual, partnership, association, corporation, or organized group of persons whether or not incorporated.
     (29) "Pest" means, but is not limited to, any insect, rodent, nematode, snail, slug, weed and any form of plant or animal life or virus, except virus on or in a living person or other animal, which is normally considered to be a pest or which the director may declare to be a pest.
     (30) "Pest control consultant" means any individual who sells or offers for sale at other than a licensed pesticide dealer outlet or location where they are employed, or who offers or supplies technical advice or makes recommendations to the user of:
     (a) Highly toxic pesticides, as determined under RCW 15.58.040;
     (b) EPA restricted use pesticides or restricted use pesticides which are restricted by rule to distribution by licensed pesticide dealers only; or
     (c) Any other pesticide except those pesticides which are labeled and intended for home and garden use only.
     (31) "Pesticide" means, but is not limited to:
     (a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug, fungus, weed, and any other form of plant or animal life or virus, except virus on or in a living person or other animal which is normally considered to be a pest or which the director may declare to be a pest;
     (b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; and
     (c) Any spray adjuvant.
     (32) (("Pesticide advisory board" means the pesticide advisory board as provided for in the Washington pesticide application act.
     (33))) "Pesticide dealer" means any person who distributes any of the following pesticides:
     (a) Highly toxic pesticides, as determined under RCW 15.58.040;
     (b) EPA restricted use pesticides or restricted use pesticides which are restricted by rule to distribution by licensed pesticide dealers only; or
     (c) Any other pesticide except those pesticides which are labeled and intended for home and garden use only.
     (((34))) (33) "Pesticide dealer manager" means the owner or other individual supervising pesticide distribution at one outlet holding a pesticide dealer license.
     (((35))) (34) "Plant regulator" means any substance or mixture of substances intended through physiological action, to accelerate or retard the rate of growth or maturation, or to otherwise alter the behavior of ornamental or crop plants or their produce, but shall not include substances insofar as they are intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.
     (((36))) (35) "Registrant" means the person registering any pesticide under the provisions of this chapter.
     (((37))) (36) "Restricted use pesticide" means any pesticide or device which, when used as directed or in accordance with a widespread and commonly recognized practice, the director determines, subsequent to a hearing, requires additional restrictions for that use to prevent unreasonable adverse effects on the environment including people, lands, beneficial insects, animals, crops, and wildlife, other than pests.
     (((38))) (37) "Rodenticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate rodents, or any other vertebrate animal which the director may declare by rule to be a pest.
     (((39))) (38) "Specific wood destroying organism inspection" means an inspection of a structure for purposes of identifying or verifying evidence of an infestation of wood destroying organisms prior to pest management activities.
     (((40))) (39) "Spray adjuvant" means any product intended to be used with a pesticide as an aid to the application or to the effect of the pesticide, and which is in a package or container separate from the pesticide. Spray adjuvant includes, but is not limited to, acidifiers, compatibility agents, crop oil concentrates, defoaming agents, drift control agents, modified vegetable oil concentrates, nonionic surfactants, organosilicone surfactants, stickers, and water conditioning agents. Spray adjuvant does not include products that are only intended to mark the location where a pesticide is applied.
     (((41))) (40) "Special local needs registration" means a registration issued by the director pursuant to provisions of section 24(c) of FIFRA.
     (((42))) (41) "Structural pest inspector" means any individual who performs the service of conducting a complete wood destroying organism inspection or a specific wood destroying organism inspection.
     (((43))) (42) "Unreasonable adverse effects on the environment" means any unreasonable risk to people or the environment taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or as otherwise determined by the director.
     (((44))) (43) "Weed" means any plant which grows where not wanted.
     (((45))) (44) "Wood destroying organism" means insects or fungi that consume, excavate, develop in, or otherwise modify the integrity of wood or wood products. Wood destroying organism includes, but is not limited to, carpenter ants, moisture ants, subterranean termites, dampwood termites, beetles in the family Anobiidae, and wood decay fungi (wood rot).
     (((46))) (45) "Wood destroying organism inspection report" means any written document that reports or comments on the presence or absence of wood destroying organisms, their damage, and/or conducive conditions leading to the establishment of such organisms.

Sec. 36   RCW 17.15.030 and 1997 c 357 s 4 are each amended to read as follows:
     (1) A state agency or institution listed in RCW 17.15.020 shall provide integrated pest management training for employees responsible for pest management. ((The training programs shall be developed in cooperation with the interagency integrated pest management coordinating committee created under RCW 17.15.040.))
     (2) A state agency or institution listed in RCW 17.15.020 shall designate an integrated pest management coordinator ((and the department of labor and industries and the office of the superintendent of public instruction shall each designate one representative to serve on the committee established in RCW 17.15.040)).

Sec. 37   RCW 17.21.100 and 1994 c 283 s 9 are each amended to read as follows:
     (1) Certified applicators licensed under the provisions of this chapter, persons required to be licensed under this chapter, all persons applying pesticides to more than one acre of agricultural land in a calendar year, including public entities engaged in roadside spraying of pesticides, and all other persons making landscape applications of pesticides to types of property listed in RCW 17.21.410(1) (b), (c), (d), and (e), shall keep records for each application which shall include the following information:
     (a) The location of the land where the pesticide was applied;
     (b) The year, month, day and beginning and ending time of the application of the pesticide each day the pesticide was applied;
     (c) The product name used on the registered label and the United States environmental protection agency registration number, if applicable, of the pesticide which was applied;
     (d) The crop or site to which the pesticide was applied;
     (e) The amount of pesticide applied per acre or other appropriate measure;
     (f) The concentration of pesticide that was applied;
     (g) The number of acres, or other appropriate measure, to which the pesticide was applied;
     (h) The licensed applicator's name, address, and telephone number and the name of the individual or individuals making the application and their license number, if applicable;
     (i) The direction and estimated velocity of the wind during the time the pesticide was applied. This subsection (i) shall not apply to applications of baits in bait stations and pesticide applications within structures; and
     (j) Any other reasonable information required by the director in rule.
     (2)(a) The required information shall be recorded on the same day that a pesticide is applied.
     (b) A commercial pesticide applicator who applies a pesticide to an agricultural crop or agricultural lands shall provide a copy of the records required under subsection (1) of this section for the application to the owner, or to the lessee if applied on behalf of the lessee, of the lands to which the pesticide is applied. Records provided by a commercial pesticide applicator to the owner or lessee of agricultural lands under this subsection need not be provided on a form adopted by the department.
     (3) The records required under this section shall be maintained and preserved by the licensed pesticide applicator or such other person or entity applying the pesticides for no less than seven years from the date of the application of the pesticide to which such records refer. If the pesticide was applied by a commercial pesticide applicator to the agricultural crop or agricultural lands of a person who employs one or more employees, as "employee" is defined in RCW 49.70.020, the records shall also be kept by the employer for a period of seven years from the date of the application of the pesticide to which the records refer.
     (4)(a) The pesticide records shall be readily accessible to the department for inspection. Copies of the records shall be provided on request to: The department; the department of labor and industries; treating health care personnel initiating diagnostic testing or therapy for a patient with a suspected case of pesticide poisoning; the department of health; ((the pesticide incident reporting and tracking review panel;)) and, in the case of an industrial insurance claim filed under Title 51 RCW with the department of labor and industries, the employee or the employee's designated representative. In addition, the director may require the submission of the records on a routine basis within thirty days of the application of any restricted use pesticide in prescribed areas controlling the use of the restricted use pesticide. When a request for records is made under this subsection by treating health care personnel and the record is required for determining treatment, copies of the record shall be provided immediately. For all other requests, copies of the record shall be provided within seventy-two hours.
     (b) Copies of records provided to a person or entity under this subsection (4) shall, if so requested, be provided on a form adopted under subsection (7) of this section. Information for treating health care personnel shall be made immediately available by telephone, if requested, with a copy of the records provided within twenty-four hours.
     (5) If a request for a copy of the record is made under this section from an applicator referred to in subsection (1) of this section and the applicator refuses to provide a copy, the requester may notify the department of the request and the applicator's refusal. Within seven working days, the department shall request that the applicator provide the department with all pertinent copies of the records, except that in a medical emergency the request shall be made within two working days. The applicator shall provide copies of the records to the department within twenty-four hours after the department's request.
     (6) The department shall include inspection of the records required under this section as part of any on-site inspection conducted under this chapter on agricultural lands. The inspection shall determine whether the records are readily transferable to a form adopted by the department and are readily accessible to employees. However, no person subject to a department inspection may be inspected under this subsection (6) more than once in any calendar year, unless a previous inspection has found recordkeeping violations. If recordkeeping violations are found, the department may conduct reasonable multiple inspections, pursuant to rules adopted by the department. Nothing in this subsection (6) limits the department's inspection of records pertaining to pesticide-related injuries, illnesses, fatalities, accidents, or complaints.
     (7) The department of agriculture and the department of labor and industries shall jointly adopt, by rule, forms that satisfy the information requirements of this section.

Sec. 38   RCW 19.94.015 and 1995 c 355 s 1 are each amended to read as follows:
     (1) Except as provided in subsection (4) of this section for the initial registration of an instrument or device, no weighing or measuring instrument or device may be used for commercial purposes in the state unless its commercial use is registered annually. If its commercial use is within a city that has a city sealer and a weights and measures program as provided by RCW 19.94.280, the commercial use of the instrument or device shall be registered with the city if the city has adopted fees pursuant to subsection (2) of this section. If its commercial use is outside of such a city, the commercial use of the instrument or device shall be registered with the department.
     (2) A city with such a sealer and program may establish an annual fee for registering the commercial use of such a weighing or measuring instrument or device with the city. The annual fee shall not exceed the fee established in RCW 19.94.175 for registering the use of a similar instrument or device with the department. Fees upon weighing or measuring instruments or devices within the jurisdiction of the city that are collected under this subsection by city sealers shall be deposited into the general fund, or other account, of the city as directed by the governing body of the city.
     (3) Registrations with the department are accomplished as part of the master license system under chapter 19.02 RCW. Payment of the registration fee for a weighing or measuring instrument or device under the master license system constitutes the registration required by this section.
     (4) The fees established by or under RCW 19.94.175 for registering a weighing or measuring instrument or device shall be paid to the department of licensing concurrently with an application for a master license or with the annual renewal of a master license under chapter 19.02 RCW. A weighing or measuring instrument or device shall be initially registered with the state at the time the owner applies for a master license for a new business or at the first renewal of the license that occurs after the instrument or device is first placed into commercial use. ((However, the use of an instrument or device that is in commercial use on the effective date of this act shall be initially registered at the time the first renewal of the master license of the owner of the instrument or device is due following the effective date of this act.)) The department of licensing shall remit to the department of agriculture all fees collected under this provision less reasonable collection expenses.
     (5) Each city charging registration fees under this section shall notify the department of agriculture at the time such fees are adopted and whenever changes in the fees are adopted.

Sec. 39   RCW 20.01.010 and 2004 c 212 s 1 are each amended to read as follows:
     As used in this title the terms defined in this section have the meanings indicated unless the context clearly requires otherwise.
     (1) "Director" means the director of agriculture or a duly authorized representative.
     (2) "Person" means any natural person, firm, partnership, exchange, association, trustee, receiver, corporation, and any member, officer, or employee thereof or assignee for the benefit of creditors.
     (3) "Agricultural product" means any unprocessed horticultural, vermicultural and its by-products, viticultural, berry, poultry, poultry product, grain, bee, or other agricultural products. "Agricultural product" also includes (a) mint or mint oil processed by or for the producer thereof, hay and straw baled or prepared for market in any manner or form and livestock; and (b) agricultural seed, flower seed, vegetable seed, other crop seed, and seeds, as defined in chapter 15.49 RCW, however, any disputes regarding responsibilities for seed clean out are governed exclusively by contracts between the producers of the seed and conditioners or processors of the seed.
     (4) "Producer" means any person engaged in the business of growing or producing any agricultural product, whether as the owner of the products, or producing the products for others holding the title thereof.
     (5) "Consignor" means any producer, person, or his or her agent who sells, ships, or delivers to any commission merchant, dealer, cash buyer, or agent, any agricultural product for processing, handling, sale, or resale.
     (6) "Commission merchant" means any person who receives on consignment for sale or processing and sale from the consignor thereof any agricultural product for sale on commission on behalf of the consignor, or who accepts any farm product in trust from the consignor thereof for the purpose of resale, or who sells or offers for sale on commission any agricultural product, or who in any way handles for the account of or as an agent of the consignor thereof, any agricultural product.
     (7) "Dealer" means any person other than a cash buyer, as defined in subsection (10) of this section, who solicits, contracts for, or obtains from the consignor thereof for reselling or processing, title, possession, or control of any agricultural product, or who buys or agrees to buy any agricultural product from the consignor thereof for sale or processing and includes any person, other than one who acts solely as a producer, who retains title in an agricultural product and delivers it to a producer for further production or increase. For the purposes of this chapter, the term dealer includes any person who purchases livestock on behalf of and for the account of another, or who purchases cattle in another state or country and imports these cattle into this state for resale.
     (8) "Limited dealer" means any person who buys, agrees to buy, or pays for the production or increase of any agricultural product by paying to the consignor at the time of obtaining possession or control of any agricultural product the full agreed price of the agricultural product and who operates under the alternative bonding provision in RCW 20.01.211.
     (9) "Broker" means any person other than a commission merchant, dealer, or cash buyer who negotiates the purchase or sale of any agricultural product, but no broker may handle the agricultural products involved or proceeds of the sale.
     (10) "Cash buyer" means any person other than a commission merchant, dealer, or broker, who obtains from the consignor thereof for the purpose of resale or processing, title, possession, or control of any agricultural product or who contracts for the title, possession, or control of any agricultural product, or who buys or agrees to buy for resale any agricultural product by paying to the consignor at the time of obtaining possession or control of any agricultural product the full agreed price of the agricultural product, in coin or currency((, lawful money of the United States)). However, a cashier's check, certified check, credit card, or bankdraft may be used for the payment. For the purposes of this subsection, "agricultural product," does not include hay, grain, straw, or livestock.
     (11) "Agent" means any person who, on behalf of any commission merchant, dealer, broker, or cash buyer, acts as liaison between a consignor and a principal, or receives, contracts for, or solicits any agricultural product from the consignor thereof or who negotiates the consignment or purchase of any agricultural product on behalf of any commission merchant, dealer, broker, or cash buyer and who transacts all or a portion of that business at any location other than at the principal place of business of his or her employer. With the exception of an agent for a commission merchant or dealer handling horticultural products, an agent may operate only in the name of one principal and only to the account of that principal.
     (12) "Retail merchant" means any person operating from a bona fide or established place of business selling agricultural products twelve months of each year.
     (13) "Fixed or established place of business" for the purpose of this chapter means any permanent warehouse, building, or structure, at which necessary and appropriate equipment and fixtures are maintained for properly handling those agricultural products generally dealt in, and at which supplies of the agricultural products being usually transported are stored, offered for sale, sold, delivered, and generally dealt with in quantities reasonably adequate for and usually carried for the requirements of such a business, and that is recognized as a permanent business at such place, and carried on as such in good faith and not for the purpose of evading this chapter, and where specifically designated personnel are available to handle transactions concerning those agricultural products generally dealt in, which personnel are available during designated and appropriate hours to that business, and shall not mean a residence, barn, garage, tent, temporary stand or other temporary quarters, any railway car, or permanent quarters occupied pursuant to any temporary arrangement.
     (14) "Processor" means any person, firm, company, or other organization that purchases agricultural crops from a consignor and that cans, freezes, dries, dehydrates, cooks, presses, powders, or otherwise processes those crops in any manner whatsoever for eventual resale.
     (15) "Pooling contract" means any written agreement whereby a consignor delivers a horticultural product to a commission merchant under terms whereby the commission merchant may commingle the consignor's horticultural products for sale with others similarly agreeing, which must include all of the following:
     (a) A delivery receipt for the consignor that indicates the variety of horticultural product delivered, the number of containers, or the weight and tare thereof;
     (b) Horticultural products received for handling and sale in the fresh market shall be accounted for to the consignor with individual pack-out records that shall include variety, grade, size, and date of delivery. Individual daily packing summaries shall be available within forty-eight hours after packing occurs. However, platform inspection shall be acceptable by mutual contract agreement on small deliveries to determine variety, grade, size, and date of delivery;
     (c) Terms under which the commission merchant may use his or her judgment in regard to the sale of the pooled horticultural product;
     (d) The charges to be paid by the consignor as filed with the state of Washington;
     (e) A provision that the consignor shall be paid for his or her pool contribution when the pool is in the process of being marketed in direct proportion, not less than eighty percent of his or her interest less expenses directly incurred, prior liens, and other advances on the grower's crop unless otherwise mutually agreed upon between grower and commission merchant.
     (16) "Date of sale" means the date agricultural products are delivered to the person buying the products.
     (17) "Conditioner" means any person, firm, company, or other organization that receives seeds from a consignor for drying or cleaning.
     (18) "Seed bailment contract" means any contract meeting the requirements of chapter 15.48 RCW.
     (19) "Proprietary seed" means any seed that is protected under the Federal Plant Variety Protection Act.
     (20) "Licensed public weighmaster" means any person, licensed under the provisions of chapter 15.80 RCW, who weighs, measures, or counts any commodity or thing and issues therefor a signed certified statement, ticket, or memorandum of weight, measure, or count upon which the purchase or sale of any commodity or upon which the basic charge of payment for services rendered is based.
     (21) "Certified weight" means any signed certified statement or memorandum of weight, measure or count issued by a licensed public weighmaster in accordance with the provisions of chapter 15.80 RCW.
     (22) "Licensee" means any person or business licensed under this chapter as a commission merchant, dealer, limited dealer, broker, cash buyer, or agent.
     (23) "Seed" means agricultural seed, flower seed, vegetable seed, other crop seed, and seeds, as defined in chapter 15.49 RCW.
     (24) "Seed clean out" means the process of removing impurities from raw seed product.

Sec. 40   RCW 20.01.475 and 1971 ex.s. c 182 s 13 are each amended to read as follows:
     It shall be prima facie evidence that a licensee licensed under the provisions of this ((1971 amendatory act)) chapter is acting as such in the handling of any agricultural product.

Sec. 41   RCW 20.01.510 and 1971 ex.s. c 182 s 16 are each amended to read as follows:
     In order to carry out the purposes of this ((1971 amendatory act)) chapter, the director may require a processor to annually complete a form prescribed by the director, which, when completed, will show the maximum processing capacity of each plant operated by the processor in the state of Washington. Such completed form shall be returned to the director by a date prescribed by him or her.

Sec. 42   RCW 20.01.520 and 1971 ex.s. c 182 s 17 are each amended to read as follows:
     By a date or dates prescribed prior to planting time by the director, the director, in order to carry out the purposes of this ((1971 amendatory act)) chapter, may require a processor to have filed with ((him)) the director:
     (1) A copy of each contract ((he)) the processor has entered into with a grower for the purchase of acres of crops and/or quantity of crops to be harvested during the present or next growing season; and
     (2) A notice of each oral commitment ((he)) the processor has given to growers for the purchase of acres of crops and/or quantity of crops to be harvested during the present or next growing season, and such notice shall disclose the amount of acres and/or quantity to which the processor has committed himself or herself.

Sec. 43   RCW 17.24.210 and 1982 c 153 s 3 are each amended to read as follows:
     The director of agriculture may, on the behalf of the state of Washington, enter into indemnity contracts wherein the state of Washington agrees to repay any person, firm, corporation, or other entity acting under the direction or control of the proper authority to provide plant pest or plant disease prevention, control, or eradication measures as provided in this chapter or any rule adopted pursuant to the provisions of this chapter, for losses and damages incurred as a result of such prevention, control, or eradication measures if all of the following conditions occur:
     (1) At the time of the incident the worker is performing services as an emergency measures worker and is acting within the course of his or her duties as an emergency measures worker;
     (2) At the time of the injury, loss, or damage, the organization providing emergency measures by which the worker is employed is an approved organization for providing emergency measures;
     (3) The injury, loss, or damage is proximately caused by his or her service either with or without negligence as an emergency measures worker;
     (4) The injury, loss, or damage is not caused by the intoxication of the worker; and
     (5) The injury, loss, or damage is not due to ((wilful)) willful misconduct or gross negligence on the part of a worker.
     Where an act or omission by an emergency services provider in the course of providing emergency services injures a person or property, the provider and the state may be jointly and severally liable for the injury, if state liability is proved under existing or hereafter enacted law.
     ((Each person, firm, corporation, or other entity authorized to provide the prevention, control, or eradication measures implementing a program approved under RCW 17.24.200 shall be identified on a list approved by the director. For the purposes of this section, each person on the list shall be known, for the duration of the person's services under the program, as "an emergency measures worker."))

NEW SECTION.  Sec. 44   RCW 15.58.380 (Board to advise director) and 1971 ex.s. c 190 s 38 are each repealed.

NEW SECTION.  Sec. 45   The purpose of this act is to make technical, nonsubstantive amendments to the sections included in this act. No substantive changes to the law are intended or implied.