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AGO 1950 No. 245 - April 03, 1950
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Smith Troy | 1941-1952 | Attorney General of Washington

WASHINGTON STATE FRUIT COMMISSION ACT

1. The term of office of members of the advisory committees is from the date of their election until the next annual district meeting.

The term of office of members of the state commodity committee is from the date of their respective selections by the respective district advisory committees until new advisory committees are elected at the next annual district meeting as provided by law.

2. There are no specific requirements as to methods of electing new members of district advisory committees other than as provided by section 11, chapter 72, Laws of 1947 (2909-20 Rem. Supp. 1947).

3. The committee has authority to promulgate rules, regulations and orders for conducting the election of members of district advisory committees.

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                                                                    April 3, 1950

Washington State Fruit Commission
c/o Cheney, Hutcheson and Gavin
Miller Building
Yakima, Washington                                                                                                              Cite as:  AGO 49-51 No. 245

Gentlemen:

            We have your letter of March 20, 1950, forwarded through the courtesy of your attorneys, in which you ask the following questions:

            "(1) What is the term of office of members of the advisory committee and the state commodity committee?

            "(2) What specific requirements, if any, are there as to the methods of electing members of the district advisory committees?

            "(3) Does the Commission have the authority under paragraph (1) of Section 17 and Section 31 of the Act to promulgate 'rules, regulations and orders' for conducting such elections of members of district advisory committees?"

             [[Orig. Op. Page 2]]

            The conclusions reached may be summarized as follows:

            1. The term of office of members of the advisory committees is from the date of their election until the next annual district meeting.

            The term of office of members of the state commodity committee is from the date of their respective selections by the respective district advisory committees until new advisory committees are elected at the next annual district meeting as provided by law.

            2. There are no specific requirements as to methods of electing new members of district advisory committees other than as provided by section 11, chapter 72, Laws of 1947 (2909-20 Rem. Supp. 1947).

            3. The committee has authority to promulgate rules, regulations and orders for conducting the election of members of district advisory committees.

                                                                     ANALYSIS

            Chapter 73 was a comprehensive act relating to certain soft tree fruits.  Section 2 creates the Washington State Fruit Commission.  Sections 3, 4 and 5 relate to the qualifications of certain members of the commission and to the term of office of such members.  Section 6 provides that commissioners shall be elected by a majority vote of the qualified fruit growers, dealers or processors present at their regular district meetings called by the Director of Agriculture for this purpose.  Section 7 provides that the Director of Agriculture shall call district meetings "annually" after the first meeting "at times and places to be fixed by the commission."

            Section 11 provides:

            "There shall be separate district advisory committees and a separate state commodity committee for each of the following soft tree fruits, to-wit:  Bartlett pears, peaches, apricots, prunes and plums, and cherries. The growers, dealers or processors of each of the soft tree fruits, at their respective annual district meetings may elect separate district advisory committees for each of the soft tree fruits if grown, handled or processed in their respective districts.  The district advisory committee shall consist of five members comprising three growers,  [[Orig. Op. Page 3]] one dealer and one processor of the respective soft tree fruit groups.  Each state commodity committee shall consist of two members from, and selected by, each district advisory committee for each soft fruit or fruits."

            Answering your first question, it is our opinion that the term of office of members of the advisory committee is one year or, to be more exact, is from the date of their election until the next annual district meeting is held as provided by section 7, supra.  The term of office of members of the state commodity committees must be from the date of their respective selections by the respective district advisory committees until new advisory committees are elected at the next annual district meeting as provided by law.

            Other than as we have indicated herein we can find no specific requirements as to the method of electing members of a district advisory committee.

            Section 17 of the act gives the commission power to adopt and from time to time alter, rescind, modify and amend all proper and necessary rules, regulations and orders for the exercise of the powers of the commission and the performance of its duties.  Section 31 provides for the filing and promulgation of all rules, regulations and orders of the commission.  We believe it is perfectly proper for the commission to make rules, regulations and orders for conducting the election of members of a district advisory committee and that the commission has the authority so to do.

Very truly yours,

SMITH TROY
Attorney General

GEORGE DOWNER
Assistant Attorney General

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