Wash. Admin. Code § 16-622-005 - Definitions
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Accredited association of producers"
means an association of producers which is accredited by the director to be the
exclusive negotiating agent for all producer members of the association within
a negotiating unit.
(2) "Advance
contract" means a contract for purchase and sale of a crop entered into before
the crop becomes a growing crop and providing for delivery at or after the
harvest of that crop.
(3)
"Agricultural products" as used in this chapter means pears, sweet corn, and
potatoes produced for sale from farms in this state.
(4) "Association of producers" means any
association of producers of agricultural products engaged in marketing,
negotiating for its members, shipping, or processing as defined in section
15(a) of the Federal Agriculture Marketing Act of 1929 or in section 1 of 42
Stat. 388.
(5) "Department" means
the department of agriculture of the state of Washington.
(6) "Director" means the director of the
department of agriculture or duly authorized representative.
(7) "Handler" means a processor or a person
engaged in the business or practice of:
(a)
Acquiring agricultural products from producers or associations of producers for
use by a processor;
(b) Processing
agricultural products received from producers or associations of producers,
provided that a cooperative association owned by producers shall not be a
handler except when contracting for crops from producers who are not members of
the cooperative association;
(c)
Contracting or negotiating contracts or other arrangements, written or oral,
with or on behalf of producers or associations of producers with respect to the
production or marketing of any agricultural product for use by a processor;
or
(d) Acting as an agent or broker
for a handler in the performance of any function or act specified in (a), (b),
or (c) of this subsection.
(8) "Negotiate" means meeting at reasonable
times and for reasonable periods of time commencing at least sixty days before
the normal planting date for sweet corn and potatoes, or at least sixty days
before the normal harvest date for pears, and concluding within thirty days of
the normal planting date for sweet corn and potatoes, or within thirty days of
the normal harvest date for pears, to make a serious, fair, and reasonable
attempt to reach agreement by acknowledging or refuting with reason points
brought up by either party with respect to the price, terms of sale,
compensation for products produced under contract, or other terms relating to
the production or sale of these products: Provided, That neither party shall be
required to disclose proprietary business or financial records or
information.
(9) "Negotiating unit"
means a negotiating unit approved by the director under the provisions of this
chapter and shall include all members of an accredited association of producers
supplying qualified commodities to a single processing facility.
(10) "Person" means an individual,
partnership, corporation, association, or any other entity.
(11) "Processing facility" means a facility
operated by a processor at a single location where qualified commodities
purchased from producers are canned, frozen, dried, dehydrated, cooked,
pressed, powdered, or otherwise processed in a manner for eventual
resale.
(12) "Processor" means any
person that purchases agricultural crops from a producer and cans, freezes,
dries, dehydrates, cooks, presses, powders, or otherwise processes those crops
in any manner for eventual resale. A person who solely cleans, sorts, grades,
and packages a farm product for sale without altering the natural condition of
the product is not a processor. A person processing any portion of a crop is a
processor.
(13) "Producer" means a
person engaged in the production of agricultural products as a farmer or
planter, including a grower or farmer furnishing inputs, production management,
or facilities for growing or raising agricultural products. A producer who is
also a handler shall be considered a handler under this chapter.
(14) "Qualified commodity" means agricultural
products as defined in subsection (3) of this section.
Notes
Statutory Authority: RCW 15.83.020. 90-08-069, § 16-622-005, filed 4/2/90, effective 5/3/90.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.