RCW 15.115.140
Powers and duties. (Effective until January
1, 2012.)
(1) The commission is an agency of the Washington
state government subject to oversight by the director. In
exercising its powers and duties, the commission shall carry out
the following purposes:
(a) To establish plans and conduct programs for advertising
and sales promotion, to maintain present markets, or to create
new or larger markets for wheat and barley grown in Washington;
(b) To engage in cooperative efforts in the domestic or
foreign marketing of wheat and barley grown in Washington;
(c) To provide for carrying on research studies to find more
efficient methods of production, irrigation, processing,
transportation, handling, and marketing of wheat and barley grown
in Washington;
(d) To adopt rules to provide for improving standards and
grades by defining, establishing, and providing labeling
requirements with respect to wheat and barley grown in
Washington;
(e) To investigate and take necessary action to prevent
unfair trade practices relating to wheat and barley grown in
Washington;
(f) To provide information or communicate on matters
pertaining to the production, irrigation, processing,
transportation, marketing, or uses of wheat and barley grown in
Washington to any elected official or officer or employee of any
agency;
(g) To provide marketing information and services for
producers of wheat and barley in Washington;
(h) To provide information and services for meeting resource
conservation objectives of producers of wheat and barley in
Washington;
(i) To provide for education and training related to wheat
and barley grown in Washington; and
(j) To assist and cooperate with the department or any
local, state, or federal government agency in the investigation
and control of exotic pests and diseases that could damage or
affect the production or trade of wheat and barley grown in
Washington.
(2) The commission has the following powers and duties:
(a) To collect the assessments of producers as provided in
this chapter and to expend the same in accordance with this
chapter;
(b) To maintain a list of the names and addresses of
affected producers that may be compiled from information used to
collect assessments authorized under this chapter and data on the
value of each producer's production for a minimum three-year
period;
(c) To maintain a list of the names and addresses of persons
who handle wheat or barley within the affected area and data on
the amount and value of the wheat and barley handled for a
minimum three-year period by each person;
(d) To request records and audit the records of producers or
handlers of wheat or barley during normal business hours to
determine whether the appropriate assessment has been paid;
(e) To fund, conduct, or otherwise participate in scientific
research relating to wheat or barley, including but not limited
to research to find more efficient methods of irrigation,
production, processing, handling, transportation, and marketing
of wheat or barley, or regarding pests, pesticides, food safety,
irrigation, transportation, and environmental stewardship related
to wheat or barley;
(f) To work cooperatively with local, state, and federal
agencies, universities, and national organizations for the
purposes provided in this chapter;
(g) To establish a foundation using commission funds as
grant money when the foundation benefits the wheat or barley
industry in Washington and implements the purposes provided in
this chapter;
(h) To acquire or own intellectual property rights,
licenses, or patents and to collect royalties resulting from
commission-funded research related to wheat or barley;
(i) To enter into contracts or interagency agreements with
any private or public agency, whether federal, state, or local,
to carry out the purposes and powers provided in this chapter,
including specifically contracts or agreements for research
described in (e) of this subsection. Personal service contracts
must comply with chapter 39.29 RCW;
(j) To institute and maintain in its own name any and all
legal actions necessary to carry out the provisions of this
chapter, including actions by injunction, mandatory injunction or
civil recovery, or proceedings before administrative tribunals or
other governmental authorities;
(k) To retain in emergent situations the services of private
legal counsel to conduct legal actions on behalf of the
commission. The retention of a private attorney is subject to
review and approval by the office of the attorney general;
(l) To elect a chair and other officers as determined
advisable;
(m) To employ and discharge at its discretion administrators
and additional personnel, advertising and research agencies, and
other persons and firms as appropriate and pay compensation;
(n) To acquire personal property and purchase or lease
office space and other necessary real property and transfer and
convey that real property;
(o) To keep accurate records of all its receipts and
disbursements by commodity, which records must be open to
inspection and audit by the state auditor or private auditor
designated by the state auditor at least every five years;
(p) To borrow money and incur indebtedness;
(q) To make necessary disbursements for routine operating
expenses;
(r) To expend funds for commodity-related education,
training, and leadership programs as the commission deems
expedient;
(s) To accept and expend or retain any gifts, bequests,
contributions, or grants from private persons or private and
public agencies to carry out the purposes provided in this
chapter;
(t) To apply for and administer federal market access
programs or similar programs or projects and provide matching
funds as may be necessary;
(u) To engage in appropriate fund-raising activities for the
purpose of supporting activities of the commission authorized in
this chapter;
(v) To participate in international, federal, state, and
local hearings, meetings, and other proceedings relating to the
production, irrigation, manufacture, regulation, transportation,
distribution, sale, or use of wheat or barley; or the regulation
of the manufacture, distribution, sale, or use of any pesticide,
as defined in chapter 15.58 RCW, or any agricultural chemical
which is of use or potential use in producing wheat or barley.
This participation may include activities authorized under RCW 42.17A.635, including the reporting of those activities to the
public disclosure commission;
(w) To speak on behalf of the Washington state government on
a nonexclusive basis regarding issues related to wheat and
barley, including but not limited to trade negotiations and
market access negotiations and to fund industry organizations
engaging in those activities;
(x) To adopt, rescind, and amend rules and regulations
reasonably necessary for the administration and operation of the
commission and the enforcement of its duties under this chapter;
(y) To administer, enforce, direct, and control the
provisions of this chapter and any rules adopted under this
chapter; and
(z) Other powers and duties that are necessary to carry out
the purposes of this chapter.
[2011 c 103 § 17; 2009 c 33 § 14.]
NOTES:
Purpose -- 2011 c 103: See note following RCW 15.26.120.
RCW 15.115.140
Powers and duties. (Effective January 1,
2012.)
(1) The commission is an agency of the Washington state
government subject to oversight by the director. In exercising
its powers and duties, the commission shall carry out the
following purposes:
(a) To establish plans and conduct programs for advertising
and sales promotion, to maintain present markets, or to create
new or larger markets for wheat and barley grown in Washington;
(b) To engage in cooperative efforts in the domestic or
foreign marketing of wheat and barley grown in Washington;
(c) To provide for carrying on research studies to find more
efficient methods of production, irrigation, processing,
transportation, handling, and marketing of wheat and barley grown
in Washington;
(d) To adopt rules to provide for improving standards and
grades by defining, establishing, and providing labeling
requirements with respect to wheat and barley grown in
Washington;
(e) To investigate and take necessary action to prevent
unfair trade practices relating to wheat and barley grown in
Washington;
(f) To provide information or communicate on matters
pertaining to the production, irrigation, processing,
transportation, marketing, or uses of wheat and barley grown in
Washington to any elected official or officer or employee of any
agency;
(g) To provide marketing information and services for
producers of wheat and barley in Washington;
(h) To provide information and services for meeting resource
conservation objectives of producers of wheat and barley in
Washington;
(i) To provide for education and training related to wheat
and barley grown in Washington; and
(j) To assist and cooperate with the department or any
local, state, or federal government agency in the investigation
and control of exotic pests and diseases that could damage or
affect the production or trade of wheat and barley grown in
Washington.
(2) The commission has the following powers and duties:
(a) To collect the assessments of producers as provided in
this chapter and to expend the same in accordance with this
chapter;
(b) To maintain a list of the names and addresses of
affected producers that may be compiled from information used to
collect assessments authorized under this chapter and data on the
value of each producer's production for a minimum three-year
period;
(c) To maintain a list of the names and addresses of persons
who handle wheat or barley within the affected area and data on
the amount and value of the wheat and barley handled for a
minimum three-year period by each person;
(d) To request records and audit the records of producers or
handlers of wheat or barley during normal business hours to
determine whether the appropriate assessment has been paid;
(e) To fund, conduct, or otherwise participate in scientific
research relating to wheat or barley, including but not limited
to research to find more efficient methods of irrigation,
production, processing, handling, transportation, and marketing
of wheat or barley, or regarding pests, pesticides, food safety,
irrigation, transportation, and environmental stewardship related
to wheat or barley;
(f) To work cooperatively with local, state, and federal
agencies, universities, and national organizations for the
purposes provided in this chapter;
(g) To establish a foundation using commission funds as
grant money when the foundation benefits the wheat or barley
industry in Washington and implements the purposes provided in
this chapter;
(h) To acquire or own intellectual property rights,
licenses, or patents and to collect royalties resulting from
commission-funded research related to wheat or barley;
(i) To enter into contracts or interagency agreements with
any private or public agency, whether federal, state, or local,
to carry out the purposes and powers provided in this chapter,
including specifically contracts or agreements for research
described in (e) of this subsection. Personal service contracts
must comply with chapter 39.29 RCW;
(j) To institute and maintain in its own name any and all
legal actions necessary to carry out the provisions of this
chapter, including actions by injunction, mandatory injunction or
civil recovery, or proceedings before administrative tribunals or
other governmental authorities;
(k) To retain in emergent situations the services of private
legal counsel to conduct legal actions on behalf of the
commission. The retention of a private attorney is subject to
review and approval by the office of the attorney general;
(l) To elect a chair and other officers as determined
advisable;
(m) To employ and discharge at its discretion administrators
and additional personnel, advertising and research agencies, and
other persons and firms as appropriate and pay compensation;
(n) To acquire personal property and purchase or lease
office space and other necessary real property and transfer and
convey that real property;
(o) To keep accurate records of all its receipts and
disbursements by commodity, which records must be open to
inspection and audit by the state auditor or private auditor
designated by the state auditor at least every five years;
(p) To borrow money and incur indebtedness;
(q) To make necessary disbursements for routine operating
expenses;
(r) To expend funds for commodity-related education,
training, and leadership programs as the commission deems
expedient;
(s) To accept and expend or retain any gifts, bequests,
contributions, or grants from private persons or private and
public agencies to carry out the purposes provided in this
chapter;
(t) To apply for and administer federal market access
programs or similar programs or projects and provide matching
funds as may be necessary;
(u) To engage in appropriate fund-raising activities for the
purpose of supporting activities of the commission authorized in
this chapter;
(v) To participate in international, federal, state, and
local hearings, meetings, and other proceedings relating to the
production, irrigation, manufacture, regulation, transportation,
distribution, sale, or use of wheat or barley; or the regulation
of the manufacture, distribution, sale, or use of any pesticide,
as defined in chapter 15.58 RCW, or any agricultural chemical
which is of use or potential use in producing wheat or barley.
This participation may include activities authorized under RCW 42.17A.635, including the reporting of those activities to the
public disclosure commission;
(w) To speak on behalf of the Washington state government on
a nonexclusive basis regarding issues related to wheat and
barley, including but not limited to trade negotiations and
market access negotiations and to fund industry organizations
engaging in those activities;
(x) To adopt, rescind, and amend rules and regulations
reasonably necessary for the administration and operation of the
commission and the enforcement of its duties under this chapter;
(y) To administer, enforce, direct, and control the
provisions of this chapter and any rules adopted under this
chapter; and
(z) Other powers and duties that are necessary to carry out
the purposes of this chapter.
[2011 c 103 § 17; 2011 c 60 § 4; 2009 c 33 § 14.]
NOTES:
Reviser's note: This section was amended by 2011 c 60 § 4 and by 2011 c 103 § 17, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Purpose -- 2011 c 103: See note following RCW 15.26.120.
Effective date -- 2011 c 60: See RCW 42.17A.919.