WAC 16-516-006
Marketing order purposes. The purpose of
this marketing order is to promote the general welfare of the
state and to maintain and protect existing markets, increase
production efficiency, and ensure a fair regulatory
environment for potatoes produced in Washington. The
commission is designated by the director to conduct the
following programs in accordance with chapter 15.66 RCW:
(1) Unfair trade practices and foreign regulatory
barriers.
(a) The commission, subject to the provisions of the act,
may investigate alleged unfair trade practices and foreign
regulatory barriers that hinder the sale, production,
transport, or export of Washington-produced potatoes or potato
products.
(b) If the commission finds as a result of an
investigation that trade or foreign regulatory barriers are
restricting the free flow of potatoes produced in this state,
the commission may institute appropriate action before any
agency or body deemed necessary to correct the situation.
(c) If the commission finds as a result of an
investigation that transportation rates and service costs are
restricting the free flow of potatoes produced in this state,
the commission may institute proper action before the
interstate commerce commission or such other agency or body
deemed necessary to correct the situation.
(d) Information and records acquired in any such
investigation are exempt from public disclosure to the extent
provided in RCW 15.66.105 and 42.17.31907 or any other
applicable statute, except that such information may be
released, to the extent necessary to effectuate the purposes
of the act, in the presentation of facts to and negotiations
with state, federal, or foreign governmental agencies on
matters which affect the production, irrigation, transport,
use, consumption, export, or sale of potatoes grown in this
state, as authorized in RCW 15.66.105.
(2) Research.
(a) The commission, subject to the provisions of the act,
may carry on or cause to be carried on any necessary and
proper production, irrigation, processing, transportation or
handling research relating to potatoes and to expend moneys
for those purposes.
(b) The commission, subject to the provisions of the act,
may engage in research that may include, but shall not
necessarily be limited to, the following:
(i) Production problems, such as soil, seed, fertilizers,
irrigation, insecticides, fungicides, herbicides and the like;
(ii) Developing and testing new potato cultivars with
improved disease resistance, processing, nutritional, or
horticultural characteristics;
(iii) Improving techniques and methods of harvesting
potatoes;
(iv) Developing and improving methods of processing
potatoes and potato by-products for the purpose of increasing
and expanding their use for food and industrial purposes;
(v) Improving packing and handling techniques which
promote more efficient operation in the marketing and
distribution of potatoes;
(vi) Determining any special nutritive, nutraceutical or
pharmaceutical qualities of potatoes produced in Washington;
(vii) Improving production practices, resource
requirements and availability, and similar issues or matters
that may impact the continued production of potatoes in
Washington.
(c) The commission may, in addition to the activities
enumerated above, carry on any other proper and necessary
research programs and activities consistent with and subject
to the limitations of the act. Such research may include the
collection of data and information relating to potatoes; the
analysis of such data and information; and the dissemination
of such data, information and analysis to potato producers and
handlers and in response to public requests.
(d) The commission, subject to the provisions of the act,
is authorized to coordinate potato producers' potato crop
protection chemical registrations and integrated pest
management (IPM) implementation.
(3) Standards and grades.
(a) The potato commission, subject to the provisions of
the act and chapter 34.05 RCW, may adopt rules to define,
establish and provide labeling requirements for improving
standards and grades for potatoes, as provided in the act, not
inconsistent with the horticultural laws of this state with
respect to the same, and to expend moneys for such purposes.
(b) The commission shall give reasonable written notice
to all producers, handlers and persons directly affected by
the labeling requirements issued pursuant to this section in
accordance with rule-making proceedings conducted under
chapter 34.05 RCW.
(c) The commission may cooperate with state and federal
agencies or departments responsible for revising and
modernizing grades and standards and labeling of potatoes.
(d) Nothing in this section shall be construed as
authorizing the commission to set minimum grades, sizes or
maturity of potatoes which a producer may sell, offer for sale
or ship.
(4) Public education. The commission may respond to
requests from the public for information regarding:
(a) The economic, environmental and nutritional value and
benefits of potatoes and the Washington potato industry;
(b) The quality, care and methods used in the production
of Washington potatoes;
(c) The handling, preparation and utilization of
Washington potatoes and potato products;
(d) The effects of trade, transportation and regulatory
barriers on the Washington potato industry.
(5) Grower and industry education. The commission,
subject to the provisions of the act, may conduct programs to
provide information and education to the Washington state
potato industry including:
(a) Public opinion or awareness research information for
producers of potatoes;
(b) Industry-related education and training;
(c) Information and services enabling producers to meet
resource conservation objectives and keep current with issues
impacting their business.
[Statutory Authority: RCW 15.66.030, 15.66.053, 15.66.055,
and chapter 34.05 RCW. 06-03-003, § 16-516-006, filed 1/4/06,
effective 2/4/06.]