(1) Any
person who wishes to conduct an activity otherwise prohibited
within a Brassica seed production district must first enter into
a Brassica production agreement with the director. Each Brassica
production agreement shall be developed by the applicant and the
director in consultation with an advisory committee comprised of
at least three individuals appointed by the director, none of
whom shall have a financial interest in the request for agreement
or its outcome and at least one of whom shall be a grower in or
processor of Brassica seed crops grown within the Brassica seed
production district. The director shall not enter into any
Brassica production agreement unless the director, in the
exercise of his or her discretion, is satisfied that the
agreement contains terms and conditions that are necessary and
sufficient to mitigate reasonably possible risks to the economic
well-being of growers within the Brassica seed production
district from the proposed activity.
(2) The applicant or any grower or processor of a Brassica
seed crop grown within the Brassica seed production district that
would be affected by the Brassica production agreement may
appeal, under RCW 34.05.570(4), the director's decision whether
or not to enter into a Brassica production agreement. Any such
appeal must be filed in the superior court of Thurston county or
the county in which the activity to be allowed under the Brassica
production agreement would occur.
[2007 c 181 § 4.]