15.04 - General provisions.

15.04.010 - Definitions.

As used in this title except where otherwise defined:

"Department" means the department of agriculture.

"Director" means the director of agriculture.

"Person" includes any individual, firm, corporation, trust, association, cooperative, copartnership, society, any other organization of individuals, and any other business unit, device, or arrangement.

[ 1961 c 11 § 15.04.010; 1941 c 56 § 3; Rem. Supp. 1941 § 2828-4. 1941 c 56 § 4; Rem. Supp. 1941 § 2828-5. (iii) 1943 c 150 § 1, part; 1937 c 148 § 1, part; 1927 c 311 § 1, part; 1921 c 141 § 1, part; 1915 c 166 § 1, part; Rem. Supp. 1943 § 2839, part; ]

15.04.090 - Lease of unnecessary lands to nonprofit groups—Funds.

The director of agriculture may, at his or her discretion, for a period of not to exceed ten years, lease state lands which are now or may hereafter be, under his or her direction and control, the retention of which he or her [she] deems unnecessary for present state purposes or needs, to any nonprofit group or organization having educational, agricultural, or youth development purposes. Such leases shall be upon such terms as the director deems beneficial to the state. All rental funds received by the director under the provisions of this section shall be deposited in the fair fund created under RCW 15.76.115.

[ 2010 c 8 § 6002; 1998 c 345 § 1; 1961 c 11 § 15.04.090; 1953 c 119 § 1; ]

15.04.110 - Control of predatory birds.

The director of the state department of agriculture may control birds which he or she determines to be injurious to agriculture, and for this purpose enter into written agreements with the federal and state governments, political subdivisions and agencies of such governments, political subdivisions and agencies of this state including counties, municipal corporations and associations and individuals, when such cooperation will implement the control of predatory birds injurious to agriculture.

[ 2010 c 8 § 6003; 1961 c 247 § 1; ]

15.04.120 - Control of predatory birds—Expenditures and contracts.

For the purpose of carrying out the provisions of RCW 15.04.110 the director may make expenditures and contract for personal services, control materials and equipment as required to carry out such predatory bird control functions.

[ 1961 c 247 § 2; ]

15.04.150 - Berry harvesting by youthful workers—Legislative finding.

The legislature finds that the crops of berry growers in the state are imperiled by a recent change in the federal law relating to youthful agricultural workers. Since the berry harvest season is so short that few migrant agricultural workers find the trip to this state to pick berries worth the trouble, the long-established use of younger pickers must be permitted to the extent where such employment will not interfere with interstate commerce and the federal law. Further, the legislature finds that such employment is healthful, a good indoctrination for youth in the work ethic and the role of agriculture in society, and an opportunity youths welcome to earn extra spending money.

[ 1975 1st ex.s. c 238 § 1; ]

15.04.160 - Berry harvesting by youthful workers—Authorized—Restrictions.

  1. An employee engaged to pick berries in this state outside of school hours for the school district where such employee is living while so employed may be less than twelve years of age: PROVIDED, That (a) the employee is employed with the consent of his or her parent or person standing in the place of his or her parent, (b) the berries are for sale within the state only, and are not to be shipped out of the state in any form; (c) the secretary of agriculture or his or her designated representative has certified that there are not sufficient workers available in the immediate area to harvest the crop without such youthful employees, and (d) all employees of any employer engaging youthful employees are paid at the same rate for picking berries.

  2. Each basket, package, or other container containing berries or berry products picked by an employee under twelve years of age shall be distinctively marked so as to insure that the berries do not enter interstate commerce: PROVIDED HOWEVER, That nothing in RCW 15.04.150 and 15.04.160 shall apply to employers who are exempt from the federal fair labor standards act.

[ 2010 c 8 § 6004; 1975 1st ex.s. c 238 § 2; ]

15.04.200 - Agricultural development or trade promotion and promotional hosting—Expenditures, approval by commodity commission—Exemption from housing requirements.

  1. Under the authority of Article VIII of the state Constitution as amended, agricultural commodity commission expenditures for agricultural development or trade promotion and promotional hosting by an agricultural commodities commission under chapters 15.24, 15.28, 15.44, 15.65, 15.66, 15.88, 15.89, 15.115, and 16.67 RCW shall be pursuant to specific budget items as approved by the agricultural commodity commission at the annual public hearings on the agricultural commodity commission budget.

  2. Agricultural commodity commissions shall adopt rules governing promotional hosting expenditures by agricultural commodity commission employees, agents or commissioners. The rules shall identify officials and agents authorized to make expenditures and the objectives of the expenditures. Individual agricultural commodity commission commissioners shall make promotional hosting expenditures, or seek reimbursements for these expenditures, only in those instances where the expenditures have been approved by the agricultural commodity commission. All payments and reimbursements shall be identified and supported on vouchers.

  3. Agricultural commodity commissions shall be exempt from the requirements of RCW 43.01.090 and 43.19.500 and chapter 43.82 RCW.

[ 2009 c 33 § 33; 2006 c 330 § 24; 1987 c 452 § 16; 1986 c 203 § 24; 1985 c 26 § 1; ]

15.04.300 - Guide to state and federal programs of assistance to farm families.

The department of agriculture is authorized to develop, in cooperation with Washington State University and other state agencies, an informational guide to programs offered by state and federal agencies which would be of assistance to farm families. The informational guide shall be made available to farmers and ranchers through county extension offices, farm organizations, and other appropriate means.

[ 1987 c 393 § 26; ]

15.04.400 - Findings—Department's duty to promote agriculture, protect public health and welfare.

The history, economy, culture, and the future of Washington state to a large degree all involve agriculture, which is vital to the economic well-being of the state. The legislature finds that farmers and ranchers are responsible stewards of the land, but are increasingly subjected to complaints and unwarranted restrictions that encourage, and even force, the premature removal of lands from agricultural uses.

The legislature further finds that it is now in the overriding public interest that support for agriculture be clearly expressed and that adequate protection be given to agricultural lands, uses, activities, and operations.

The legislature further finds that the department of agriculture has a duty to promote and protect agriculture and its dependent rural community in Washington state however, the duty shall not be construed as to diminish the responsibility of the department to fully carry out its assigned regulatory responsibilities to protect the public health and welfare.

[ 1994 c 46 § 9; 1991 c 280 § 1; ]

15.04.402 - Department to advance private sector, economic well-being of agricultural industry.

The department shall seek to enhance, protect, and perpetuate the ability of the private sector to produce food and fiber. Additionally, the department shall seek, consistent with its regulatory responsibilities, to maintain the economic well-being of the agricultural industry and its dependent rural community in Washington state.

[ 1994 c 46 § 10; 1991 c 280 § 2; ]

15.04.410 - Declarations of "Washington state grown"—Restrictions—Violations unlawful—Application of consumer protection act.

  1. Before being offered for retail sale in this state, any agricultural commodity, defined under RCW 15.66.010, that was grown or raised in this state may be advertised, labeled, described, sold, marked, or otherwise held out, with the words "Washington state grown," or other similar language indicating that the product is from Washington state grown or raised agricultural commodities.

  2. An agricultural commodity that was not grown or raised in this state and packages of that product shall not be advertised, labeled, described, sold, marked, or otherwise held out as "Washington state grown," or in any way as to imply that such product is a Washington state grown or raised agricultural commodity.

  3. It is unlawful for any person to violate this section.

  4. The legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Violations of this section are not reasonable in relation to the development and preservation of business. A violation of this section is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.

[ 1995 c 97 § 1; ]

15.04.415 - Information on product country of origin—Findings—Use of placards.

  1. The legislature finds that it is a common practice for consumers to be provided information as to the country [of] origin for many products available to them for purchase. The legislature finds that consumers have a right to know the origin of the fresh fruits and vegetables being offered to them at retail sale. The legislature finds that there is value to the consumer being able to make an informed buying decision as to whether the fresh fruit or vegetable was produced under standards and conditions required in the United States. Further, the legislature finds that consumers should be given the ability to make an informed choice to buy fresh fruits and vegetables that are grown in Washington state as a means of supporting the economy of the state.

  2. Stores or other businesses offering fresh fruit and vegetables for retail sale to consumers shall place a placard on the bin, shelf, or other location the product is displayed that informs the consumer where the fruit or vegetable was grown if it was grown in the United States or grown in Washington. The placard shall indicate that the product was either "Grown in United States" or "Grown in Washington." Placards are not required if (a) the product was grown outside of the United States, or (b) each item in the bin, shelf, or other location contains a sticker or label that indicates where the fruit or vegetable product was grown.

[ 2002 c 40 § 1; ]

15.04.XXX - TBD

**

  1. A retailer who sells beef or offers beef for sale that is raised and processed in Washington state must make an effort to display information that is clearly visible and readily viewable by the public and placed in the immediate vicinity of the beef to designate and display the beef as "U.S.A. beef" if the beef is derived exclusively from animals that are either:

    1. Born, raised, and harvested exclusively in the United States; or

    2. Born and raised exclusively in the United States and transported for a period of time not more than 60 days through any other country and harvested in the United States.

  2. The retailer is only required to comply with subsection (1) of this section if the Washington state beef shipped to the retailer is clearly marked as to its origin and is accompanied with a placard or similar signage compatible with the display case of the retailer.

  3. The department may adopt rules as

necessary to implement this section.

  1. The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

    1. [Empty]

      1. "Beef" means meat from cattle born, raised, and harvested in a traditional manner, including veal, specifically, the edible part of the muscle of an animal that is skeletal or that is found in the tongue, diaphragm, heart, or esophagus, with or without the accompanying or overlying fat, and the portions of the bone, skin, sinew, nerve, and blood vessels that normally accompany the muscle tissue and that are not separated from it in the process of dressing. "Beef" includes chopped or ground beef.

      2. "Beef" does not include the muscle found in the lips, snout, or ears, nor any edible part of the muscle that has been manufactured, cured, smoked, cooked, or processed.

    2. "Retailer" means a person regularly engaged in the business of selling meat at retail to the public and selling only to the user or consumer and not for resale.

[ 2021 c XXX § 4; ]**


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