PESTICIDE - AGRICULTURE - DEPARTMENT OF AGRICULTURE
Extent to which lumber may be defined as “land” for purposes of RCW 17.21 A commercial pesticide applicator license is required for any person in the business of applying pesticides to lumber located on the land of another; however, a private-commercial applicator license is sufficient for persons whose business is limited to applying pesticides to lumber located on their own land, no matter who owns the lumber.
AGRICULTURAL COMMODITY COMMISSIONS - AGRICULTURE - DEPARTMENT OF AGRICULTURE
Options available for organization of agricultural commodity commissions 1. RCW 15.66.110 would permit the establishment of an agricultural commodity commission whose members (either all or a majority) are elected by the producers of the commodity affected. 2. If the producers of an agriculture commodity propose a new or amended marketing order establishing a commodity commission whose members are elected by the producers rather than appointed by the director, the director of agriculture is not obligated to adopt a marketing order providing for this form of organization.
FUNDS - AGRICULTURE - APPROPRIATIONS - LEGISLATURE
USE OF GRAIN AND HAY INSPECTION REVOLVING FUND (1) The Grain and Hay Inspection Revolving Fund, established pursuant to RCW 22.09.500(1), may not be used for expenses not directly incurred by the Department of Agriculture's Division of Grain and Agricultural Chemicals (other than the five percent specifically authorized by statute for use in research and promotional work). (2) A provision of the State's biennial operating budget, or supporting documents such as budget notes, may not authorize use of the Grain and Hay Inspection Revolving Fund in a manner inconsistent with the provisions of RCW 22.09.500.
AGRICULTURE - DAIRIES AND FOODS - LIENS
APPLICABILITY OF PREPARER LIEN TO DAIRY LICENSES RCW 20.01.030 does not exempt persons or businesses licensed under the dairy laws of Washington from the "preparer lien" provided for in RCW 20.01.630.
OFFICES AND OFFICERS - STATE - DEPARTMENT OF AGRICULTURE - AGRICULTURE
FORMATION OF AGRICULTURAL COMMODITY COMMISSIONS For the purposes of creating an agricultural commodity commission under a new marketing order or agreement, the provisions of the 1961 agricultural enabling act (chapter 15.65 RCW) have not superseded the provisions of the 1955 enabling act (chapter 15.66 RCW); therefore, a commodity commission may be created under a new order under either the 1961 or the 1955 act in accordance with the procedures set forth, respectively, therein as further outlined in this opinion.
LABOR AND LANDLORD LIENS ON CROPS ‑- TO BE FILED FOR RECORD RCW 60.12.070 contemplates laborers' and landlords' liens on crops be filed for record which requires recording procedures, not filing.
DEPARTMENT OF AGRICULTURE - DEPARTMENT OF HEALTH - AGRICULTURE - HEALTH - AUTHORITY TO EMBARGO FOOD GROWN IN A "FOOD CONTROL AREA"
DEPARTMENT OF AGRICULTURE - DEPARTMENT OF HEALTH - AGRICULTURE - HEALTH - AUTHORITY TO EMBARGO FOOD GROWN IN A 'FOOD CONTROL AREA' Neither the Department of Agriculture nor the Department of Health has authority to administratively designate a "food control area" (such as the area surrounding the site of a chemical or nuclear accident) and embargo all food grown within the area without some particularized determination of the products which are contaminated or are likely to pose a threat to human health.
DEPARTMENT OF AGRICULTURE - CITIES AND TOWNS - COUNTIES - AGRICULTURE - PREEMPTION - PESTICIDE
State Preemption of Local Authority to Regulate Pesticide 1. Chapter 17.21 RCW authorizes the Department of Agriculture to regulate pesticide application and use. This chapter preempts cities and counties from regulating pesticide application and use, except the first class cities and the counties in which they are located can regulate structural pest control operators, exterminators, and fumigators. 2. Chapter 15.58 RCW authorizes the Department of Agriculture to regulate formulation, distribution, storage, and disposal of pesticides. This chapter does not preempt cities and counties from regulating these activities, so long as the local regulations do not conflict with state law.
AGRICULTURE - ANIMALS - CAN THE DEPARTMENT OF AGRICULTURE REQUIRE "BANG'S" TESTS ON CATTLE HERDS - IF REFUSED BY OWNER, AVAILABLE REMEDY
AGRICULTURE ‑- ANIMALS ‑- CAN THE DEPARTMENT OF AGRICULTURE REQUIRE 'BANG'S' TESTS ON CATTLE HERDS ‑- IF REFUSED BY OWNER, AVAILABLE REMEDY The State of Washington Department of Agriculture may require "Bang's" tests on cattle herds in Klickitat County and if the owner of any untested bovine animals refuses to have them tested, the Director may order the premises on which they are kept quarantined, and no animals or the product of such animals may be removed from the premises. The violation of a quarantine order, the willful obstruction or hindrance of a duly authorized agent of the Director, or a failure to comply with or violation of any order, rule or regulations promulgated by the Director under applicable statutes is a misdemeanor and is punishable as such.
AGRICULTURE - LIVESTOCK - COMMISSION MERCHANT'S ACT - ARE ANIMAL HIDES, AGRICULTURAL PRODUCTS, UNDER COMMISSION MERCHANT ACT
AGRICULTURE ‑- LIVESTOCK ‑- COMMISSION MERCHANT'S ACT ‑- ARE ANIMAL HIDES, AGRICULTURAL PRODUCTS, UNDER COMMISSION MERCHANT ACT Hides of meat food animals, namely, cattle, horses, mules, asses, swine, sheep and goats are not within the classification of agricultural products as defined in the Commission Merchant's Act.
AGRICULTURE - LIVESTOCK - CUSTOM SLAUGHTERER'S LICENSE - INSPECTION - AUTHORITY OF DIRECTOR TO REFUSE LICENSE
AGRICULTURE ‑- LIVESTOCK ‑- CUSTOM SLAUGHTERER'S LICENSE ‑- INSPECTION ‑- AUTHORITY OF DIRECTOR TO REFUSE LICENSE 1. Meat inspection does not apply to carcasses of meat food animals slaughtered under custom slaughterer's license, because custom slaughterer slaughters only for farmer's own consumption. 2. Fact that law exempts carcasses of meat food animals slaughtered under custom slaughterer's license from meat inspection cannot be ground for refusal of such license.
AGRICULTURE - FOOD - REGULATORY POWERS - BREWED COFFEE - POSTING NOTICE OF ADDITIVES - POWERS OF DIRECTOR OF AGRICULTURE
AGRICULTURE ‑- FOOD ‑- REGULATORY POWERS ‑- BREWED COFFEE ‑- POSTING NOTICE OF ADDITIVES ‑- POWERS OF DIRECTOR OF AGRICULTURE 1. Brewed coffee to which flavoring and/or coloring has been added is not adulterated within the meaning of the pure food and drug law. 2. The director of agriculture does not have authority to require the posting of notices in restaurants and other service establishments that flavoring and/or coloring has been added to brewed coffee.
AGRICULTURE - COMMISSION MERCHANTS' ACT - PEDDLERS
AGRICULTURE ‑- COMMISSION MERCHANTS' ACT ‑- PEDDLERS Truckers purchasing agricultural produce for resale from persons other than producers are required to secure license under Commission Merchant's Act.
DISTRICTS - PORT - AIRPORTS - IRRIGATION - AGRICULTURE
DEVELOPMENT OF CERTAIN AIRPORT LAND FOR AGRICULTURAL PURPOSES An airport board established pursuant to RCW 14.08.200 by joint action between two port districts may not develop airport land belonging to the board with irrigation for agricultural purposes; however, such an airport board may lease property to a third party by private negotiation as authorized by RCW 14.08.200(7) even though it is known that the third party intends to develop the land with irrigation for agricultural purposes‑-so long as such development is not made a condition or requirement of the lease.
AGRICULTURE - SALE - CONTRACTS
AGREEMENTS BETWEEN RETAILERS AND SUPPLIERS OF FARM IMPLEMENTS (1) The requirements of RCW 19.98.010 apply both to dealers who have discontinued their relationship with suppliers of farm implements, machinery and parts and to routine part returns by active dealers. (2) The terms of an annual part return adjustment agreement between a supplier and retailer need not be identical to those set forth in RCW 19.98.010. (3) Although the right to return parts pursuant to an annual part return adjustment agreement is dependent upon the terms of that agreement, a retailer of farm implements, machinery and parts who has been granted such a contractual right by a supplier will then be entitled to elect between his contractual remedies and the remedies set forth in RCW 19.98.010.
DAIRIES AND FOODS - AGRICULTURE
FILLED DAIRY PRODUCTS Filled dairy products may be manufactured in the state of Washington solely for export to out-of-state destinations under RCW 15.38.020.
FAIRS - AGRICULTURE - FLOWER SHOWS - PLOWING MATCHES - ELIGIBILITY FOR ALLOCATION OF FUNDS UNDER CHAPTER 15.76 RCW
FAIRS ‑- AGRICULTURE ‑- FLOWER SHOWS ‑- PLOWING MATCHES ‑- ELIGIBILITY FOR ALLOCATION OF FUNDS UNDER CHAPTER 15.76 RCW
(1) Those shows dealing with only a single subject, such as a flower show or a plowing match, do not by themselves constitute "agricultural fairs" so as to qualify for the allocation of state funds under the provisions of chapter 15.76 RCW.
(2) The director of Agriculture does not have the authority, under existing law, to allocate funds to a county or community with more than one qualifying agricultural fair and then allow the county or community to decide on how the money will be allocated between two or more fairs.
GROWTH MANAGEMENT ACT - WETLANDS - DEPARTMENT OF ECOLOGY - AGRICULTURE
Application of Growth Management Act to siting a wetlands mitigation bank 1. The Growth Management Act (GMA) does not apply directly to a site-specific decision such as siting a wetlands mitigation bank, although the GMA applies to the development regulations and comprehensive plans. 2. Certification of a wetlands mitigation bank by the Department of Ecology does not legally obligate a county to issue required permits for the bank. 3. The Department of Ecology’s certification of a wetlands mitigation bank does not make the Growth Management Act (GMA) or the State Environmental Policy Act (SEPA) inapplicable. 4. The substantive provisions of the Growth Management Act (GMA) do not apply to the Department of Ecology’s certification of a wetlands mitigation bank.