AN ACT Relating to camelids; amending RCW
15.65.020 and 15.66.010; adding a new section to chapter 16.36 RCW; and adding
a new section to chapter 77.12 RCW.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A
new section is added to chapter 16.36 RCW to read as follows:
The authority of the director of agriculture to
prevent, control, and suppress in this state diseases in llamas and alpacas
shall be the same as the director's authority to take such actions under this
chapter with regard to any other domestic animal, including but not limited to
livestock.
Sec. 2.
RCW 15.65.020 and 1986 c 203 s 15 are each amended to read as follows:
The following terms are hereby defined:
(1) "Director" means the director of
agriculture of the state of Washington or his duly appointed representative.
The phrase "director or his designee" means the director unless, in
the provisions of any marketing agreement or order, he has designated an
administrator, board or other designee to act for him in the matter designated,
in which case "director or his designee" means for such order or
agreement the administrator, board or other person(s) so designated and not the
director.
(2) "Department" means the department
of agriculture of the state of Washington.
(3) "Marketing order" means an order
issued by the director pursuant to this chapter.
(4) "Marketing agreement" means an
agreement entered into and issued by the director pursuant to this chapter.
(5) "Agricultural commodity" means 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 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.
(6) "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.
(7) "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.
(8) "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.
(9) "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.
(10) "Producer" means any person
engaged in the business of producing any agricultural commodity for market in
commercial quantities. "Affected producer" means any producer of an
affected commodity. "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.
(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. "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) "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 produces, and a handler
with respect to the agricultural commodities which he handles, including those
produced by himself.
(13) "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.
(14) "Member of a cooperative association"
means any producer who markets his 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.
(15) "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.
(16) "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 man 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 man 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 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 finds to be similarly
situated.
(17) "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.
(18) "Sell" includes offer for sale,
expose for sale, have in possession for sale, exchange, barter or trade.
(19) "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.
(20) "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.
(21) "Person" as used in this chapter
shall mean any person, firm, association or corporation.
Sec. 3.
RCW 15.66.010 and 1986 c 203 s 16 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 concerning some matter
under this chapter.
(2) "Department" means the department
of agriculture of the state of Washington.
(3) "Marketing order" means an order
issued by the director pursuant to this chapter.
(4) "Agricultural commodity" means 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 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. For the purposes of RCW
15.66.060, 15.66.090, and 15.66.120, 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.
(6) "Affected producer" means any
producer of an affected commodity.
(7) "Affected commodity" means any
agricultural commodity for which the director has established a list of
producers pursuant to RCW 15.66.060.
(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, trust, association, partnership, society, or any
other organization of individuals.
(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 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.
NEW SECTION. Sec. 4. A
new section is added to chapter 77.12 RCW to read as follows:
The authority of the department of wildlife
does not extend to preventing, controlling, or suppressing diseases in llamas
or alpacas or to controlling the movement or sale of llamas or alpacas.
This section shall not be construed as granting
or denying authority to the department of wildlife to prevent, control, or
suppress diseases in any animals other than llamas and alpacas.
