Original Notice.

     Title of Rule: Hops (Washington Hop Commission), chapter 16-532 WAC.

     Purpose: This rule-making proposal makes amendments to sections within the Washington Hop Commission's marketing order, chapter 16-532 WAC, to reflect recent statutory changes, while improving readability and clarity and eliminating outdated sections.

     Statutory Authority for Adoption: RCW 15.65.047 and chapter 34.05 RCW.

     Statute Being Implemented: Chapter 15.65 RCW.

     Summary: During the past three legislative sessions, significant amendments were made to the commission's enabling statute, chapter 15.65 RCW. These statutory changes prompted proposed amendments to chapter 16-532 WAC. The proposed amendments expand the commission's policy and purpose statements, update the definitions, update the commission member selection process, add additional powers and duties to benefit the industry, update meeting and administrative procedures, and expand the commission's information and education role. These amendments achieve consistency with the statute, as well as, improve the readability and clarity of the marketing order. In addition, a proposed amendment will decrease the total number of board members.

     Name of Agency Personnel Responsible for Drafting: Lynn Briscoe, Olympia, (360) 902-2043; Implementation and Enforcement: Ann George, Moxee, (509) 453-4749.

     Name of Proponent: Washington Hop Commission, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: This rule-making proposal makes amendments to sections within the Washington Hop Commission's marketing order, chapter 16-532 WAC. During the past three legislative sessions, significant amendments were made to the commission's enabling statute, chapter 15.65 RCW. These statutory changes prompted proposed amendments to chapter 16-532 WAC. The proposed changes achieve consistency with the statute, as well as, improve the readability and clarity of the marketing order. See Summary above. In addition, a proposed amendment will decrease the total number of board members from ten members to eight members. The following are the proposed amendments:

•     New section WAC 16-532-005 Marketing order for Washington hops -- Policy statement.

•     New section WAC 16-532-006 Marketing order purposes.

•     Amend WAC 16-532-010 Definitions.

•     Amend WAC 16-532-020 Hop board.

•     Repeal WAC 16-532-030 Marketing order purposes.

•     Amend WAC 16-532-040 Assessments and collections.

•     Amend WAC 16-532-060 Termination of the order.

•     Repeal WAC 16-532-065 Rules for implementation of promotional hosting by the Washington hop commission.

     Proposal Changes the Following Existing Rules: See above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. In accordance with RCW 15.65.570, the adoption of the final amendments to chapter 16-532 WAC will be determined by a referendum vote of the affected parties.

     RCW 34.05.328 does not apply to this rule adoption. The Washington State Department of Agriculture is exempt from this provision.

     Hearing Location: Yakima Masonic Center, 2nd Floor, 504 North Naches Avenue, Yakima, WA, on December 9, 2003, at 1:30 p.m.

     Assistance for Persons with Disabilities: Contact Jodi Jones, Washington State Department of Agriculture, at (360) 902-1806, by November 25, 2003, TDD (360) 902-1996.

     Submit Written Comments to: Lynn Briscoe, Commodity Commission Coordinator, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504, fax (360) 902-2092, e-mail lbriscoe@agr.wa.gov, by December 10, 2003, 5:00 p.m.

     Date of Intended Adoption: April 30, 2004.

October 21, 2003

William E. Brookreson

Deputy Director

OTS-6757.1

NEW SECTION
WAC 16-532-005   Marketing order for Washington hops -- Policy statement.   (1) The marketing of hops within this state is in the public interest. It is vital to the continued economic well-being of the citizens of this state and their general welfare that its hops be properly promoted by:

     (a) Enabling producers of hops to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standardizing of the hops they produce; and

     (b) Working towards stabilizing the agricultural industry by increasing consumption of hops within the state, the nation, and internationally.

     (2) That it is in the overriding public interest that support for the hop industry be clearly expressed, that adequate protection be given to the industry and its activities and operations, and that hops be promoted individually, and as part of a comprehensive agricultural industry to:

     (a) Enhance the reputation and image of Washington state's hops.

     (b) Increase the sale and use of Washington state's hops 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 hops.

     (d) Increase the knowledge of the qualities and value of Washington state's hops and products.

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

     (3) The director is authorized to implement, administer, and enforce chapter 15.65 RCW through the adoption of this marketing order.

     (4) The Washington state hop commodity board exists primarily for the benefit of the people of the state of Washington and its economy, and with oversight by the director, the board is authorized to speak on behalf of Washington state government with regard to hops under the provisions of this marketing order.

[]

     (1) To carry out the purposes of the order, the board may provide for a program in one or more of the following areas:

     (a) Establish plans and conduct programs for marketing, sales, promotion, and/or other programs for maintaining present markets and/or creating new or larger markets for hops. Such programs shall be directed toward increasing the sale of hops without reference to any particular brand or trade name and shall neither make use of false or unwarranted claims in behalf of hops nor disparage the quality, value, sale, or use of any other agricultural commodity. The board may also engage in cooperative efforts in the domestic or foreign marketing of hops.

     (b) Provide for research in the production, processing, irrigation, transportation, handling, and/or distribution of hops and expend the necessary funds for such purposes. Insofar as practicable, such research shall be carried on by experiment stations of Washington State University, but if in the judgment of the board said experiment stations do not have the facilities for a particular project or if some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the board.

     (c) Provide by rules for:

     (i) Establishing uniform labels and labeling requirements for hops or any products thereof, requiring producers, handlers, and other persons to conform to standards for the placing of labels, trademarks, insignia, or brands on bales or packages, provided, that all licensed hop dealers or brokers are entitled to use on the face of their product any particular trademark, insignia, brand, or label that they may now have or will have. That established brands, labels, trademarks, or insignias may be properly used in selling or commercially disposing of hops and hop products or in offering the same for sale, advertising, and/or delivering said hops or hop products.

     (ii) Providing for inspection and enforcement to ascertain and effectuate compliance.

     (d) Prohibit and/or otherwise regulate any one or more or all of the practices listed to the extent that such practices affect, directly or indirectly, hops or any product thereof, but only with respect to persons who engage in such practices with the intent of or with the reasonably foreseeable effect of inducing any purchaser to become his customer or his supplier or of otherwise dealing or trading with him/her or of diverting trade from a competitor, to wit:

     (i) Paying rebates, commissions or unearned discounts.

     (ii) Unfairly extending privileges or benefits (pertaining to price, to credit, to the loan, lease or giving away of facilities, equipment or other property or to any other matter or thing) to any customer, supplier or other person.

     (iii) Discriminating between customers, or suppliers of a like class.

     (iv) Making or publishing false or misleading advertising. Such regulation may authorize uniform trade practices applicable to all similarly situated handlers and/or other persons.

     (e) The board may authorize use of any money received and of any persons employed thereunder for legal proceedings, of any type and in the name of any person, directed to enforcement of this or any other law in force in the state of Washington relating to the prevention of unfair trade practices.

     (f) Conduct programs for the purpose of providing information and education including:

     (i) Marketing information and services for producers of hops for the verification of grades, standards, weights, tests, and sampling of quality and quantity of hops purchased by handlers from affected producers.

     (ii) Information and services enabling producers to meet their resource conservation objectives.

     (iii) Hop-related education and training.

     (g) Participate in local, 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(29) or any agricultural chemical which is of use or potential use in producing hops.

     (h) Subject to the provisions of the act, provide information and communicate on matters pertaining to the production, irrigation, processing, transportation, marketing, or uses of hops produced in Washington state to any elected official or officer or employee of any agency.

     (2) The director shall approve any plans, programs, and projects concerning:

     (a) The establishment, issuance, effectuation, and administration of programs authorized under this section for advertising and promotion of hops; and

     (b) The establishment and effectuation of market research projects, market development projects, or both to the end that marketing and utilization of hops may be encouraged, expanded, improved, or made more efficient.

[]

     (1) "Director" means the director of agriculture of the state of Washington or his duly appointed representative.

     (2) "Department" means the department of agriculture of the state of Washington.

     (3) "Act" means the Washington state agricultural ((Enabling Act of 1961)) commodity boards or chapter 15.65 RCW.

     (4) "Person" means any ((person)) individual, firm, ((association or)) corporation, limited liability company, trust, association, partnership, society, or any other organization of individuals or any unit or agency of local or state government.

     (5) "Affected producer" or "producer" means any person who produces hops in commercial quantities in the state of Washington. "Produce" means to grow and harvest hops.

     (6) "Commercial quantity" means any hops produced for market by a producer in any calendar year.

     (7) "Handler" means any person who acts as principal or agent or otherwise in processing, selling, marketing, or distributing hops not produced by him/her. "Handler" does not include a common carrier used to transport an agricultural commodity. "To handle" means to act as a handler.

     (8) "Custom processor" means any person who, for a fee, converts hops into pellets, extracts, oils, lupulin, and/or other forms, including hops which are frozen in an undried form, but excluding whole, dried hop cones, whether loose or baled, without acquiring ownership.

     (9) "Hop commodity board" hereinafter referred to as "board" or "commission" means the commodity board formed under the provisions of WAC 16-532-020.

     (((9))) (10) "Hops" means and includes all kinds and varieties of "humulus lupulus" grown, picked and dried in the state of Washington, whether loose, packaged or baled and all oils, extracts and/or lupulin derived therefrom.

     (((10))) (11) "Processed" means and includes all hops which are converted into pellets, extracts, oils, lupulin, and/or other forms, including hops which are frozen in undried form, but excluding whole, dried hop cones, whether loose or baled.

     (((11))) (12) "Marketing season" means the twelve month period beginning with January 1 of any year and ending December 31, both dates being inclusive.

     (((12))) (13) "Producer-handler" means any person who acts both as a producer and as a handler with respect to hops. A producer-handler shall be deemed to be a producer with respect to the hops which he/she produces and a handler with respect to the hops which he/she handles, including those produced by himself/herself. "To produce" means to act as a producer. For the purposes of the hop marketing order, "producer" shall include bailees who contract to produce or grow any agricultural product on behalf of a bailor who retains title to the planting stock and its resulting agricultural product or the agricultural product delivered for further production or increase.

     (((13))) (14) "Affected area" means the state of Washington.

     (((14))) (15) "Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter or trade.

     (((15))) (16) "Affected unit" means two hundred pounds net of hops, or the amount of lupulin, extract or oil produced from two hundred pounds net of hops.

     (((16) "Promotional hosting" as used in these rules means the hosting of individuals and groups of individuals at meetings, meals, and gatherings for the purpose of cultivating trade relations and promoting sales of Washington grown hops.

     (17) "Hosting" may include providing meals, refreshments, lodging, transportation, gifts of nominal value, reasonable and customary entertainment, and normal incidental expenses at meetings or gatherings.))

[Statutory Authority: RCW 15.65.050. 98-13-122, § 16-532-010, filed 6/17/98, effective 7/18/98; 97-17-096, § 16-532-010, filed 8/20/97, effective 9/20/97. Statutory Authority: RCW 15.65.050 and 15.65.430. 96-15-139, § 16-532-010, filed 7/24/96, effective 8/24/96. Statutory Authority: Chapter 15.65 RCW. 92-09-068, § 16-532-010, filed 4/14/92, effective 5/15/92; Marketing Order Article I, § A, filed 7/1/64.]

     (2) Board membership.

     (a) The board shall consist of ((ten)) eight members. ((Nine)) Seven members shall be affected producers elected or appointed as provided in this section. The director shall appoint one member of the board who is neither an affected producer nor a handler to represent the ((department and the public)) the director.

     (b) Director-appointed producer positions on the board shall be designated as position 2, position 5, position 6, and position 7.

     (c) Elected producer positions on the board shall be designated as position 1, position 3, and position 4.

     (d) The position representing the director, who is neither an affected producer nor a handler, shall be a voting member and shall be designated as position 8.

     (e) For the purpose of nomination, appointment, and election of producer members of the board, the affected area shall be the entire state of Washington.

     (3) Board membership qualifications.

     The ((affected)) producer members of the board ((shall)) must be practical producers of hops and each shall be a citizen((s)) and resident((s)) of ((the)) this state ((of Washington)), over the age of ((twenty-five years, each of whom is and has)) eighteen years. Each producer board member must be and have been actually engaged in producing hops within the state of Washington for a period of five years and has during that time derived a substantial portion of his or her income therefrom and ((who)) is not engaged in business, directly or indirectly, as a handler or other dealer.

     (4) Term of office.

     (a) The term of office for members of the board shall be three years and one-third of the membership as nearly as possible shall be elected or appointed each year.

     (b) Membership positions on the board shall be designated numerically; affected producers shall have positions one through ((nine)) seven and the member appointed by the director position ((ten)) eight. To accomplish the transition to a commodity board structure where the director appoints a majority of the board members, the names of the currently elected board members in positions two, five, six, seven, eight, and nine shall be forwarded to the director for appointment within thirty days of the effective date of this amended marketing order.

     (c) The term of office for the initial board members shall be as follows:

Positions one, two, three and ten - until June 30, 1967

Positions four, five and six - until June 30, 1966

Positions seven, eight and nine - until June 30, 1965

     (d) Terms of office for the board members serving at the time of the 1992 amendment of this section shall be as follows:

Positions one, two, three and ten - until December 31, 1994

Positions four, five and six - until December 31, 1993

Positions seven, eight and nine - until December 31, 1992

     (e) Positions eight and nine shall expire at the end of each position's existing term, which is December 31, 2004. Terms of office for the other board members serving at the time of the effective date of this amended order shall be as follows:

     (i) Positions one, two, and three -- Until December 31, 2006;

     (ii) Positions four and five -- Until December 31, 2005;

     (iii) Positions six and seven -- Until December 31, 2004.

     (5) Nomination ((and election)) of elected or director-appointed board members. Each year the director shall call ((for)) a nomination meeting for elected or director-appointed producer board members. ((Such)) The meeting(s) shall be held at least thirty days in advance of the date set by the director for the election or advisory vote of board members.

     (a) Notice of ((every such)) a nomination meeting shall be published in a newspaper of general circulation within the major production area not less than ten days in advance of the date of such meeting and in addition, written notice of every such meeting shall be given to all affected producers according to the list maintained by the ((director pursuant to RCW 15.65.200 of the act)) board pursuant to RCW 15.65.295.

     (b) Nonreceipt of notice by any interested person shall not invalidate the proceedings at such nomination meeting.

     (c) Any qualified affected producer may be nominated orally for membership on the board at ((such)) a nomination meeting((s)). Nominations may also be made within five days after ((any such)) the meeting((s)) by written petition filed with the director signed by not less than five affected producers. ((At the inception of this order nominations may be made at the issuance hearing.))

     (d) When only one nominee is nominated by the affected producers for any position, RCW 15.65.250 shall apply.

     (6) Election or advisory vote of board members.

     (a) ((Members of the board shall be elected by secret mail ballot within the month of November)) An election or advisory vote shall be conducted by secret ballot under the supervision of the director within the month of November. Each affected producer shall be entitled to one vote. ((Affected producer))

     (b) Elected members of the board shall be elected by a majority of the votes cast by the affected producers. ((Each affected producer shall be entitled to one vote.

     (b))) If a nominee does not receive a majority of the votes on the first ballot a run-off election shall be held by mail in a similar manner between the two candidates for such position receiving the largest number of votes.

     (c) An advisory vote shall be conducted for producer board members appointed by the director under the provisions of RCW 15.65.243. 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.

     (d) Notice of every election or advisory vote for board membership shall be published in a newspaper of general circulation within the major production area not less than ten days in advance of the date of ((such)) the election or advisory vote. Not less than ten days prior to every election or advisory vote for board membership, the director shall mail a ballot of the candidates to each affected producer entitled to vote whose name appears upon the list of such affected producers maintained by the ((director in accordance with RCW 15.65.200)) board pursuant to RCW 15.65.295. Any other affected producer entitled to vote may obtain a ballot by application to the director upon establishing his or her qualifications.

     (e) Nonreceipt of a ballot by any affected producer shall not invalidate the election of any board member.

     (7) Vacancies ((prior to election)).

     (a) In the event of a vacancy on the board in an elected position, the remaining members shall select a qualified person to fill the unexpired term. The appointment shall be made at the commission's first or second meeting after the position becomes vacant.

     (b) In the event of a vacancy in a director-appointed position, the position shall be filled as specified in RCW 15.65.270.

     (8) Quorum. A majority of the members shall constitute a quorum for the transaction of all business and the carrying out of all duties of the board.

     (9) Board compensation. No member of the board shall receive any salary or other compensation, but each member shall be reimbursed for ((actual)) subsistence and traveling expenses incurred ((through attendance at meetings or other board activities: Provided, That such expenses shall be authorized by resolution by unanimous approval of the board at a regular meeting)) in carrying out the duties of the board in accordance with RCW 43.03.050 and 43.03.060. The board may adopt by resolution provisions for reimbursement of actual travel expenses incurred by members and employees of the board in carrying out the provisions of this marketing order pursuant to RCW 15.65.270.

     (10) Powers and duties of the board. The board shall have the following powers and duties:

     (a) To administer, enforce and control the provisions of this order as the designee of the director.

     (b) To elect a chairman and such other officers as the board deems advisable.

     (c) To employ and discharge at its discretion such personnel, including attorneys engaged in the private practice of law subject to the approval and supervision of the attorney general, as the board determines are necessary and proper to carry out the purpose of the order and effectuate the declared policies of the act.

     (d) To pay only from moneys collected as assessments or advances thereon the costs arising in connection with the formulation, issuance, administration and enforcement of the order. Such expenses and costs may be paid by check, draft or voucher in such form and in such manner and upon the signature of the person as the board may prescribe.

     (e) To reimburse any applicant who has deposited money with the director in order to defray the costs of formulating the order.

     (f) To establish a "hop board marketing revolving fund" and such fund to be deposited in a bank or banks or financial institution or institutions, approved for the deposit of state funds, in which all money received by the board except as the amount of petty cash for each day's needs, not to exceed one hundred dollars, shall be deposited each day or as often during the day as advisable.

     (g) To keep or cause to be kept in accordance with accepted standards of good accounting practice, accurate records of all assessments, paid outs, moneys and other financial transactions made and done pursuant to this order. Such records, books and accounts shall be audited at least annually subject to procedures and methods lawfully prescribed by the state auditor. Such books and accounts shall be closed as of the last day of each fiscal year of the state of Washington. A copy of such audit shall be delivered within thirty days after the completion thereof to the governor, the director, the state auditor and the board.

     (h) To require a bond of all board members and employees of the board in a position of trust in the amount the board shall deem necessary. The premium for such bond or bonds shall be paid by the board from assessments collected. Such bond shall not be necessary if any such board member or employee is covered by any blanket bond covering officials or employees of the state of Washington.

     (i) To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of the order during each fiscal year. The board, at least sixty days prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its research plan, its commodity-related education and training plan, and its budget.

     (j) To establish by resolution, a headquarters which shall continue as such unless and until so changed by the board. All records, books and minutes of board meetings shall be kept at such headquarters.

     (k) To adopt rules ((and regulations)) of a technical or administrative nature for the operation of the board, subject to the provisions of chapter 34.05 RCW (Administrative Procedure Act).

     (l) To carry out the provisions of RCW 15.65.510 covering the obtaining of information necessary to effectuate the provisions of the order and the act, along with the necessary authority and procedure for obtaining such information.

     (m) To bring actions or proceedings upon joining the director as a party for specific performance, restraint, injunction or mandatory injunction against any person who violates or refuses to perform the obligations or duties imposed upon him/her by the act or order.

     (n) To confer with and cooperate with the legally constituted authorities of other states and of the United States for the purpose of obtaining uniformity in the administration of federal and state marketing regulations, licenses, agreements or orders.

     (o) To work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes provided in this order.

     (p) To enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local. Personal service contracts must comply with chapter 39.29 RCW.

     (q) To accept and expend or retain any gifts, bequests, contributions, or grants from private persons or private and public agencies.

     (r) To enter into contracts or agreements for research in the production, irrigation, processing, transportation, marketing, use, or distribution of hops.

     (s) 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 by the office of the attorney general.

     (t) To engage in appropriate fund-raising activities for the purpose of supporting activities authorized by this order.

     (u) 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 hops including activities authorized under RCW 42.17.190, including the reporting of those activities to the public disclosure commission.

     (v) 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 this marketing order and data on the value of each producer's production for a minimum three-year period pursuant to RCW 15.65.280.

     (w) To maintain a list of the names and addresses of persons who handle hops within the affected area and data on the amount and value of the hops handled for a minimum three-year period by each person pursuant to RCW 15.65.280.

     (x) To maintain a list of names and addresses of all affected persons who produce hops and the amount, by unit, of hops produced during the past three years pursuant to RCW 15.65.295.

     (y) To maintain a list of all persons who handle hops and the amount of hops handled by each person during the past three years pursuant to RCW 15.65.295.

     (z) To establish a foundation using commission funds as grant money for the purposes established in this marketing order.

     (aa) To carry out any other grant of authority or duty provided designees and not specifically set forth in this section.

     (11) Procedures for board.

     (a) The board shall hold regular meetings, at least quarterly, with the time and date thereof to be fixed by resolution of the board. Notice of the time and place of regular meetings shall be published on or before January of each year in the Washington State Register. Notice of any change to the meeting schedule shall be published in the State Register at least twenty days prior to the rescheduled meeting date.

     (b) The board shall hold an annual meeting, at which time an annual report will be presented. The proposed budget shall be presented for discussion at the meeting. Notice of the annual meeting shall be given by the board at least ten days prior to the meeting by written notice to each producer and by regular wire news services and radio-television press.

     (c) The board shall establish by resolution, the time, place and manner of calling special meetings of the board with reasonable notice to the members: Provided, That the notice to a member of any special meeting may be waived by a waiver ((thereof by each)) from that member of the board. Notice of special meetings shall be in compliance with chapter 42.30 RCW.

[Statutory Authority: RCW 15.65.050. 99-10-095, § 16-532-020, filed 5/5/99, effective 6/5/99. Statutory Authority: Chapter 15.65 RCW. 92-09-068, § 16-532-020, filed 4/14/92, effective 5/15/92; 88-24-028 (Order 1992), § 16-532-020, filed 12/2/88; Marketing Order Article II, §§ A through K, filed 7/1/64.]

     (a) The annual assessment on all varieties of hops shall be two dollars and fifty cents per affected unit.

     (b) For the purpose of collecting assessments the board may:

     (i) Require handlers to collect producer assessments from producers whose production they handle, and remit the same to the board; or

     (ii) Require the person subject to the assessment to give adequate assurance or security for its payment; or

     (iii) Require the person subject to the assessment to remit assessments for any hops which are processed prior to the first sale; or

     (iv) Require the person subject to the assessment to remit ((an inventory)) a report ((for any)) no later than January 31 of the following year on all hops which are ((not processed or sold)) produced during the preceding crop year, including a breakdown of pounds marketed, pounds not processed or marketed, and pounds processed but not marketed prior to December 31 of the year in which they are produced.

     (c) Subsequent to the first sale or processing, no affected units shall be transported, carried, shipped, sold, marketed, or otherwise handled or disposed of until every due and payable assessment herein provided for has been paid and the receipt issued. The foregoing shall include all affected units shipped or sold, both inside and outside the state.

     (2) Collections. Any moneys collected or received by the board pursuant to the provisions of ((the)) this order during or with respect to any season or year may be refunded on a pro rata basis at the close of such season or year or at the close of such longer period as the board determines to be reasonably adapted to effectuate the declared policies of this act and the purposes of ((such)) this marketing ((agreement or)) order, to all persons from whom ((such)) moneys were collected or received or may be carried over into and used with respect to the next succeeding season, year or period whenever the board finds that the same will tend to effectuate such policies and purposes.

     (3) Penalties. Any due and payable assessment herein levied in such specified amount as may be determined by the board pursuant to the provisions of the act and ((the)) this order, shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the board when payment is called for by it. In the event any person fails to pay the board the full amount of such assessment or such other sum on or before the date due, the board may, and is hereby authorized to add to such unpaid assessment or sum an amount not exceeding ten percent of the ((same)) unpaid assessment to defray the cost of enforcing the collecting of ((the same)) it. In the event of failure of such person or persons to pay any ((such)) due and payable assessment or other such sum, the board may bring a civil action against ((such)) the person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent ((thereon)), and ((such)) the action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

[Statutory Authority: RCW 15.65.050. 97-17-096, § 16-532-040, filed 8/20/97, effective 9/20/97; 95-17-118 (Order 5077), § 16-532-040, filed 8/23/95, effective 9/23/95. Statutory Authority: Chapter 15.65 RCW. 91-15-019 (Order 2090), § 16-532-040, filed 7/10/91, effective 8/10/91. Statutory Authority: RCW 15.65.170. 87-10-059 (Order 1927), § 16-532-040, filed 5/6/87, effective 6/8/87. Statutory Authority: Chapter 15.65 RCW. 83-16-041 (Order 1800), § 16-532-040, filed 7/29/83; 80-05-090 (Order 1686), § 16-532-040, filed 5/1/80; 79-01-045 (Order 1593), § 16-532-040, filed 12/21/78; Order 1332, § 16-532-040, filed 1/17/74; Marketing Order Article IV, §§ A through C, filed 7/1/64.]

[Marketing Order Article VI, § A, filed 7/1/64.]

     The following sections of the Washington Administrative Code are repealed:

WAC 16-532-030	Marketing order purposes.
WAC 16-532-065	Rules for implementation of promotional hosting by the Washington hop commission.

© Washington State Code Reviser's Office