(1) In
case any owner, consignee, or shipper of any commodity included
under the provisions of this chapter, or his or her agent or
broker, or any warehouse operator shall be aggrieved at the
grading of such commodity, the person may request a reinspection
or appeal inspection within three business days from the date of
certificate. The reinspection or appeal may be based in the
official file sample or upon a new sample drawn from the lot of
the grain or commodity if the lot remains intact and available
for sampling. The reinspection or appeal inspection shall be of
the same factors and scope as the original inspection.
(2) For commodities inspected under federal standards, the
reinspection and appeal inspection procedure provided in the
applicable federal regulations shall apply. For commodities
inspected under state standards, the department shall provide a
minimum of a reinspection and appeal inspection service. The
reinspection shall consist of a full review of all relevant
information and a reexamination of the commodity to determine the
correctness of the grade assigned or other determination. The
reinspection shall be performed by an authorized inspector of the
department other than the inspector who performed the original
inspection unless no other inspector is available. An appeal
inspection shall be performed by a supervisory inspector.
(3) If the grading of any commodity for which federal
standards have been fixed and the same adopted as official state
standards has not been the subject of a hearing, in accordance
with subsection (2) of this section, any interested party who is
aggrieved with the grading of such commodity, may, with the
approval of the secretary of the United States department of
agriculture, appeal to the federal grain supervisor of the
supervision district in which the state of Washington may be
located. Such federal grain supervisor shall confer with the
department inspectors and any other interested party and shall
make such tests as he or she may deem necessary to determine the
correct grade of the commodity in question. Such federal grade
certificate shall be prima facie evidence of the correct grade of
the commodity in any court in the state of Washington.
[2011 c 336 § 644; 1989 c 354 § 51; 1963 c 124 § 45. Formerly RCW 22.09.450.]
NOTES:
Severability -- 1989 c 354: See note following RCW 15.36.012.