Other Languages1. Chapter 17.10 RCW establishes weed control boards to regulate noxious weeds. RCW 17.10.040 sets out the procedure to activate a county noxious weed control board. When a weed control board has not been activated, a county can nevertheless regulate noxious weeds under the authority of chapter 17.10 RCW, but only when a weed control board has been ordered to activate by the director of the Department of Agriculture. A county may not continue without a weed control board for a second consecutive year. 2. Article 11, section 11 of the Washington Constitution grants counties broad police power related to the general welfare of the people. This authority must be consistent with laws enacted by the Legislature. The Legislature has enacted a comprehensive system to regulate noxious weeds. A county's exercise of authority to regulate noxious weeds under the police power would be inconsistent with this system. Therefore, a county may not regulate noxious weeds pursuant to its police power authority.
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.
RCW 43.09.210 does not prohibit the making of those fund transfers by the Department of Agriculture which are provided for in § 31, chapter 339, Laws of 1977, 1st Ex. Sess., as a condition to certain appropriations to the state Department of General Administration.
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.
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.
The Department of Agriculture may use funds from the fruit and vegetable account, created by RCW 15.17.240, to pay for the Department’s administrative overhead expenses incurred in the implementation and enforcement of RCW 15.17.
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.
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.
The director of agriculture has the authority to establish a hail grade for apples.
A cash buyer (as well as a commission merchant and/or dealer) of livestock is required to post a $7,500 surety bond required by RCW 20.01.210 as a condition precedent to obtaining a license to engage in business under the provisions of chapter 20.01 RCW.