Wash. Rev. Code § 15.35.010
Short title
This chapter may be known and cited as the Washington state milk pooling act to provide for equitable pricing and pooling among producers and processors of milk and milk products.
Revised Code of Washington Chapter 15.35 — Washington State Milk Pooling Act
Washington · statute · Wash. Rev. Code ch. 15.35 · 30 active provisions
Provisions
Wash. Rev. Code § 15.35.030
Declaration of public interest
It is hereby declared that:(1) Milk is a necessary article of food for human consumption;(2) The production, distribution, and maintenance of an adequate supply of healthful milk of proper chemical and physical content, free from contamination, is vital to the public health and welfare;(3) It is the policy of the state…
Wash. Rev. Code § 15.35.060
Purposes
The purposes of this chapter are to:(1) Authorize and enable the director to prescribe marketing areas and to establish pricing and pooling arrangements which are necessary to prevent disorderly marketing of milk due to varying factors of costs of production, health regulations, transportation, and other factors in sai…
Wash. Rev. Code § 15.35.070
Powers conferred to be liberally construed—Monopoly—Price setting
It is the intent of the legislature that the powers conferred in this chapter shall be liberally construed. Nothing in this chapter shall be construed as permitting or authorizing the development of conditions of monopoly in the production or distribution of milk, nor shall this chapter give the director authority to e…
Wash. Rev. Code § 15.35.080
Definitions
For the purposes of this chapter:(1) "Department" means the department of agriculture of the state of Washington;(2) "Director" means the director of the department or the director's duly appointed representative;(3) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and asso…
Wash. Rev. Code § 15.35.090
Milk control between states
(1) The director shall in carrying out the provisions of this chapter and any marketing plan thereunder confer with the legally constituted authorities of other states of the United States, and the United States department of agriculture, for the purpose of seeking uniformity of milk control with respect to milk coming…
Wash. Rev. Code § 15.35.100
Director's authority—Subpoena power—Rules
Subject to the provisions of this chapter, the director is hereby vested with the authority:(1) To investigate all matters pertaining to the production, processing, storage, transportation, and distribution of milk and milk products in the state, and shall have the authority to:(a) Establish classifications of processe…
Wash. Rev. Code § 15.35.105
Minimum milk price—Competition from outside the marketing area
(1) In establishing a minimum milk price or a formula to determine a minimum milk price, as provided under RCW 15.35.060 and 15.35.100, the director shall, in addition to other appropriate criteria, consider the:(a) Cost of producing fluid milk for human consumption;(b) Transportation costs;(c) Milk prices in states or…
Wash. Rev. Code § 15.35.110
Referendum on establishing or discontinuing market area pooling arrangement
(1) The director, either upon his or her own motion or upon petition by ten percent of the producers in any proposed area, shall conduct a hearing to determine whether to establish or discontinue a market area pooling arrangement. Upon determination by the director that in order to satisfy the purposes of this chapter…
Wash. Rev. Code § 15.35.115
Referendum on establishing or discontinuing market area pooling arrangement—Producer-dealers
(1) Not less than sixty days before a referendum creating a market area and pooling plan with quotas is to be conducted under RCW 15.35.110, the director shall notify each producer-dealer regarding the referendum. Any producer-dealer may choose to vote on the referendum and each choosing to do so shall notify the direc…
Wash. Rev. Code § 15.35.120
Qualifications for producers to sign petitions or vote in referendums
(1) The producers qualified to sign a petition, or to vote in any referendum concerning a market pool, shall be all those producers shipping milk to the market area on a regular supply basis and who would or do receive or pay equalization in an existing market pool in a market area, or in a market pool if established i…
Wash. Rev. Code § 15.35.130
Form of producer petitions
Petitions filed with the director by producers shall:(1) Consist of one or more pages, each of which is dated at the bottom. The date shall be inserted on each sheet prior to, or at the time the first signature is obtained on each sheet. The director shall not accept a sheet on which such date is more than sixty days,…
Wash. Rev. Code § 15.35.140
Director to establish systems within market areas
(1) The director shall establish a system of classifying, pricing, and pooling of all milk used in each market area established under RCW 15.35.110.(2) Thereafter the director may establish a system in each market area for the equalization of returns for all quota milk and all surplus over quota milk whereby all produc…
Wash. Rev. Code § 15.35.150
Determination of quota
(1) Under a market pool and as used in this section, "quota" means a producer's or producer-dealer's portion of the total sales of milk in a market area in fluid form or, in the director's discretion, in other forms.(2) The director may in each market area subject to a market plan establish each producer's and each pro…
Wash. Rev. Code § 15.35.160
Contracts, rights and powers of associations not affected
No provision of this chapter shall be deemed or construed to:(1) Affect or impair the contracts of any such cooperative association with its members or other producers marketing their milk through such corporation;(2) Impair or affect any contract which any such cooperative association has with milk dealers or others w…
Wash. Rev. Code § 15.35.170
Quotas—Transfer of—Limitations
Quotas provided for in this chapter may not in any way be transferred without the consent of the director. Regulations regarding transfer of quotas shall be determined by the department after due notice and the opportunity for a hearing as provided in chapter 34.05 RCW. Any contract for the transfer of quotas, unless t…
Wash. Rev. Code § 15.35.180
Records of milk dealers and cooperatives, inspection and audit of
The director shall examine and audit not less than one time each year or at any other such time the director considers necessary, the books and records, and may photostat such books, records, and accounts of milk dealers and cooperatives licensed or believed subject to license under this chapter for the purpose of dete…
Wash. Rev. Code § 15.35.190
Records necessary for milk dealers
All milk dealers subject to the provisions of this chapter shall keep the records as deemed necessary by the director.
Wash. Rev. Code § 15.35.200
Verified reports of milk dealers
Each milk dealer subject to the provisions of this chapter shall from time to time, as required by rule of the director, make and file a verified report, on forms prescribed by the director, of all matters on account for which a record is required to be kept, together with such other information or facts as may be pert…
Wash. Rev. Code § 15.35.210
Milk dealer license—Required
It shall be unlawful for any milk dealer subject to the provisions of a marketing plan to handle milk subject to the provisions of such marketing plan without first obtaining an annual license from the director for each separate place of business where such milk is received or sold. Such license shall be in addition to…
Wash. Rev. Code § 15.35.220
Milk dealer license—Application for—Contents
Application for a license to act as a milk dealer shall be on a form prescribed by the director and shall contain, but not be limited to, the following:(1) The nature of the business to be conducted;(2) The full name and address of the person applying for the license if an individual; and if a partnership, the full nam…
Wash. Rev. Code § 15.35.230
Milk dealer license—Fees—Additional assessment for late renewal
(1) Application for each milk dealer's license shall be accompanied by an annual license fee to be established by the director by rule.(2) If an application for the renewal of a milk dealer's license is not filed on or before the first day of an annual licensing period a late fee of up to one-half of the license fee sh…
Wash. Rev. Code § 15.35.240
Milk dealer license—Denial, suspension, or revocation of—Grounds
The director may deny, suspend, or revoke a license upon due notice and an opportunity for a hearing as provided in chapter 34.05 RCW concerning adjudicative proceedings, or rules adopted thereunder by the director, when he or she is satisfied by a preponderance of the evidence of the existence of any of the following…
Wash. Rev. Code § 15.35.250
Marketing assessment on producers—Additional assessment for milk testing—Penalty—Court action
(1) There is hereby levied upon all milk sold or received in any marketing area subject to a marketing plan established under the provisions of this chapter an assessment, not to exceed five cents per one hundred pounds of all such milk, to be paid by the producer of such milk. Such assessment shall be collected by the…
Wash. Rev. Code § 15.35.260
Records and reports of licensees for assessment purposes
Each licensee, in addition to other records required under the provisions of this chapter, shall keep such records and make such reports as the director may require for the purpose of computing payments of assessments by such licensee.
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