Wash. Rev. Code § 15.26.010
Short title
This chapter shall be known and cited as the "tree fruit research act."
Revised Code of Washington Chapter 15.26 — Tree Fruit Research Act
Washington · statute · Wash. Rev. Code ch. 15.26 · 36 active provisions
Wash. Rev. Code § 15.26.020
Purpose
The purpose of this chapter is for the creation of a commission which shall promote and carry on research and administer specific industry service programs, including but not limited to sanitation programs, which will or may benefit the planting, production, harvesting, handling, processing or shipment of tree fruit of…
Wash. Rev. Code § 15.26.030
Definitions
As used in this chapter, unless a different meaning is plainly required by the context:(1) "Department" means the department of agriculture of the state of Washington.(2) "Director" means the director of the department of agriculture or his or her duly authorized representative.(3) "Person" means any natural persons, f…
Wash. Rev. Code § 15.26.040
Tree fruit research commission created—Membership
There is hereby created the Washington tree fruit research commission, to be thus known and designated. The commission shall be composed of nine members. Three members to be appointed by the Washington state fruit commission, five members to be appointed by the Washington apple commission, and one member representing t…
Wash. Rev. Code § 15.26.050
Qualifications of members
Nine members of the commission shall be producers who are citizens and residents of this state. Each producer member shall be over the age of twenty-five years and have been actively engaged in growing tree fruits in this state and deriving a substantial portion of his or her income therefrom, or having a substantial a…
Wash. Rev. Code § 15.26.060
Appointment of members
The Washington apple commission shall appoint producer members to positions one through five on the commission. The Washington state fruit commission shall appoint producer members to positions six through eight on the commission. The director shall appoint a producer who derives a substantial portion of his or her inc…
Wash. Rev. Code § 15.26.070
Terms of members
The terms of the members of commission shall be staggered and each shall serve for a term of three years and until their successor has been appointed and qualified: PROVIDED, That the first appointments to the commission beginning July 30, 1969, shall be for the following terms:(1) Positions one, four, and seven, one y…
Wash. Rev. Code § 15.26.080
Vacancies
In the event a commission member resigns, is disqualified, or vacates his or her position on the commission for any other reason, the appointing agency that originally appointed such member shall within sixty days appoint a new member to fill the term of the vacated member.
Wash. Rev. Code § 15.26.090
Quorum
A majority of the members of the commission shall constitute a quorum for the transaction of all business and carrying out the duties of the commission: PROVIDED, That on all fiscal matters, approval for passage must be by at least two-thirds majority of the said quorum.
Wash. Rev. Code § 15.26.100
Compensation—Travel expenses
Each member of the commission shall be compensated in accordance with RCW 43.03.230 and shall be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter. Employees of the commission may also be reimbursed for actual travel expenses when out of state on official commission business.
Wash. Rev. Code § 15.26.110
Powers of commission
The powers of the commission shall include the following:(1) To elect a chair, treasurer, and such other officers as it deems advisable;(2) To adopt any rules necessary to carry out the purposes and provisions of this chapter, in conformance with the provisions of the administrative procedure act, chapter 34.05 RCW, as…
Wash. Rev. Code § 15.26.120
Assessments levied—Referendum
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…
Wash. Rev. Code § 15.26.125
Assessment on cherries in excess of the fiscal growth factor under chapter 43.135 RCW—Washington tree fruit research commission
The Washington tree fruit research commission may raise the assessment on cherries in excess of the fiscal growth factor under chapter 43.135 RCW from the assessment of two dollars per ton in effect under chapter 16-560 WAC on July 1, 1995, to four dollars per ton. The commission may also establish an additional assess…
Wash. Rev. Code § 15.26.130
List of producers
The Washington apple commission and the Washington state fruit commission shall supply the director with a list of known producers subject to paying assessments to the respective commissions. The director, in addition, shall at the commission's cost compile a list of known tree fruit producers producing fruit not subje…
Wash. Rev. Code § 15.26.140
Increase in assessments by referendum
The producers of tree fruit subject to the provisions of this chapter may subsequent to approving initial assessment increase such assessment by referendum when approved by a majority of the producers voting.
Wash. Rev. Code § 15.26.150
Additional assessments for special projects
The producers of any specific tree fruit subject to the provisions of this chapter may at any time by referendum conducted by the department and approved by a majority of the producers voting of such specific tree fruit establish an additional assessment on such specific tree fruit for special research projects of spec…
Wash. Rev. Code § 15.26.155
Additional assessment
The producers of tree fruit subject to the provisions of this chapter may at any time, by referendum conducted by the department and approved by a majority of the producers voting, establish an additional assessment for programs including but not limited to sanitation programs and the reregistration of plant protection…
Wash. Rev. Code § 15.26.160
Suspension of assessments
The members of the commission may, subject to approval by two-thirds of the voting members of the commission, suspend for a period not exceeding one crop year at a time all or part of the assessments on tree fruit subject to the provisions of this chapter.
Wash. Rev. Code § 15.26.170
Payment of assessments required before purchase, receipt or shipment of fruit
Such assessments will be due from the producers. No person shall purchase, or receive for sale, or shipment out of state any tree fruits subject to the provisions of this chapter until he or she has received proof that the assessment due and payable the commission has been paid.
Wash. Rev. Code § 15.26.180
Records of persons receiving fruit
Any person receiving commercial tree fruits from any producer thereof or any producer of tree fruit who prepared or processed his or her own tree fruit for sale, or shipment for sale shall keep complete and accurate records of all such tree fruit. Such records shall meet the requirements of rules or regulations prescri…
Wash. Rev. Code § 15.26.190
Return of dealers, handlers, and processors—Filing—Contents
Every 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 prescribed and furnished by the commission, stating the quantity of tree fruit, subject to the provisions of this chapter, handled, shipped, or proces…
Wash. Rev. Code § 15.26.200
Assessments—When due and payable—Collection
Such assessments on tree fruits shall be due and payable by the producer thereof by the end of the next business day that such tree fruits are sold or shipped for sale unless such time is extended as provided for in RCW 15.26.210 by rule or regulation of the commission. The commission may by rule or regulation provide…
Wash. Rev. Code § 15.26.210
Assessments—Constitute personal debt
Any due and payable assessments herein levied shall constitute a personal debt of every person so assessed or who otherwise owes the same and shall be due and payable as provided for in RCW 15.26.200, unless the commission by rules or regulations provides for payment to be made not later than thirty days after the time…
Wash. Rev. Code § 15.26.220
Assessments—Failure to pay—Collection
In the event any person fails to pay the full amount of such assessment or such other sum on or before the due date, the commission may add to such unpaid assessment or sum an amount not more than ten percent but not less than one dollar of the same to defray the cost of enforcing the collection of such assessment, tog…
Wash. Rev. Code § 15.26.230
Disposition of moneys collected—Treasurer's bond
All money collected under the authority of this chapter shall be paid to the treasurer of the commission, and be deposited by him or her in banks designated by the commission, and disbursed on the order of the commission. The treasurer shall file with the commission a fidelity bond, executed by a surety company authori…
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