Washington · statute · Wash. Rev. Code ch. 15.24 · 26 active provisions
As used in this chapter:(1) "Commission" means the Washington apple commission;(2) "Crop year" means the year in which apples are harvested and is designated for those apples based on the date of harvest regardless of when they are subsequently packed or shipped;(3) "Dealer" means any person who handles, ships, buys, o…
The commission exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges the commission, with oversight by the director, to speak on behalf of the Washington state government with regard to apples and apple-related issues.
There is hereby created a Washington apple commission to be thus known and designated. The commission shall be composed of nine apple growers and four apple dealers. In addition, the director shall be a full voting member of the commission and may in his or her place appoint any other employee of the department of agri…
Thirteen persons, not including the director or the director's representative, with the qualifications stated in RCW 15.24.020 shall be members of the commission. Nine of the members shall be grower members, and four shall be dealer members. The number of grower members to be appointed from each grower district shall b…
(1) The director shall appoint the members of the commission.(2) Except as provided in RCW 15.24.050, before the expiration of a commission member's term, the commission shall call a meeting of apple growers and dealers for the purpose of nominating candidates whose names will be forwarded to the director for considera…
If a commission member fails or refuses to perform his or her duties due to excessive absence or abandonment of his or her position or engages in any acts of dishonesty or willful misconduct, the commission may recommend to the director that the commission member be removed from his or her position on the commission. U…
In the event a position becomes vacant due to resignation, disqualification, death, or for any other reason, such position shall be filled for the balance of the unexpired term by appointment by the director from at least two nominees submitted by the remaining members of the commission.A majority of the voting members…
(1) The commission shall develop and submit to the director for approval any plans, programs, and projects concerning the following:(a) The establishment, issuance, effectuation, and administration of appropriate programs or projects within the commission's powers and duties;(b) The establishment and effectuation of ma…
The Washington apple commission is hereby declared and created an agency of the Washington state government. The powers and duties of the commission shall include the following:(1) To elect a chair and such other officers as it deems advisable; and to adopt, rescind, and amend rules and orders for the exercise of its p…
All rule-making proceedings conducted under this chapter must be in accordance with chapter 34.05 RCW except that rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310, 43.135.055, and the provisions of chapter 19.85 RCW, the regulatory fairness act, when the proposed rule i…
In order to benefit the people of this state, the state's economy and its general tax revenues, the commission shall provide for and conduct a comprehensive and extensive research, advertising, and educational campaign as continuous as the crop, sales, and market conditions reasonably require. It shall investigate and…
(1) There is hereby levied annually upon all fresh apples grown in this state, and all apples packed as Washington apples, including fresh sliced, an assessment of eight and seventy-five one-hundredths cents per one hundred pounds of apples, based on net shipping weight, or reasonable equivalent net product assessment…
(1) A petition may be filed with the commission to reduce the assessment authorized in RCW 15.24.090 to zero. To be valid, the petition must be signed by at least eight percent of all apple growers eligible to vote in commission referendum elections. The petition shall contain the name of a person designated to represe…
The assessments on fresh apples shall be paid, or provision made therefor satisfactory to the commission, at the time of shipment, and no fresh apples shall be carried, transported, or shipped by any person or by any carrier, railroad, truck, boat, or other conveyance until the assessment has been paid or provision mad…
Each dealer, handler, and processor shall keep a complete and accurate record of all apples handled, shipped, or processed by him or her. This record shall be in such form and contain such information as the commission may by rule or regulation prescribe, and shall be preserved for a period of two prior crop years, and…
Each dealer, handler, and processor shall at such times as the commission may by rule or regulation require, file with the commission a return under oath on forms to be furnished by the commission, stating the quantity of apples handled, shipped, or processed by him or her during the period prescribed by the commission…
The commission may inspect the premises and records of any carrier, handler, dealer, or processor for the purpose of enforcing this chapter and the collection of the excise tax.
The commission shall appoint a treasurer who shall file with it a fidelity bond executed by a surety company authorized to do business in this state, in favor of the commission and the state, in the penal sum of fifty thousand dollars, conditioned upon the faithful performance of his or her duties and strict accounting…
To maintain and complement the existing comprehensive regulatory scheme, the commission may employ, designate as agent, act in concert with, and enter into contracts with any person, council, or commission, including but not limited to the director, state agencies such as the Washington state fruit commission and its s…
All county and state law enforcement officers and all employees and agents of the department shall enforce this chapter.
Obligations incurred by the commission and any other liabilities or claims against the commission shall be enforced only against the assets of the commission, and, except to the extent of such assets, no liability for the debts or actions of the commission exists against either the state of Washington or any subdivisio…
(1) Any person who violates or aids in the violation of any provision of this chapter is guilty of a gross misdemeanor.(2) Any person who violates or aids in the violation of any rule or regulation of the commission is guilty of a misdemeanor.
Any prosecution brought under this chapter may be instituted in any county in which the defendant or any defendant resides, or in which the violation was committed, or in which the defendant or any defendant has his or her principal place of business.The superior courts are hereby vested with jurisdiction to enforce th…
The director may provide by rule for a method to fund staff support for all commodity boards and commissions in accordance with RCW 43.23.033 if a position is not directly funded by the legislature and costs related to the specific activity undertaken on behalf of an individual commodity board or commission. The commis…
(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 indu…