Washington Administrative Code Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142)
Washington Administrative Code (WAC) Title 16 - Agriculture, Department of
1. Overview and Legal Authority
Title 16 of the Washington Administrative Code (WAC) regulates the operations and activities of the Washington State Department of Agriculture (WSDA). This title covers a wide range of agricultural issues, including the production, regulation, and distribution of agricultural products within the state, as well as consumer protection, pest management, and food safety.
Purpose of Title 16:
Regulate agriculture-related activities to ensure safety, fairness, and sustainability.
Protect the public health by overseeing food safety and pest control.
Support economic development within the agricultural industry by maintaining standards for the industry.
The legal authority for the rules under Title 16 is derived from:
Washington State laws (Revised Code of Washington, RCW) that empower the WSDA to create regulations.
Federal law, where applicable, particularly in areas like pesticide control, plant and animal diseases, and food safety.
Title 16 also has corresponding rules under other titles (e.g., Titles 24, 60, and 142) that address more specific aspects of agriculture, such as commodity marketing and inspection services.
2. Structure of WAC Title 16
Title 16 of the WAC is divided into several chapters, each addressing a particular area of agricultural regulation. Below are some of the key chapters included in this title:
Chapter 16-200 – Plant and Pest Quarantines
Chapter 16-250 – Commercial Feed Rules
Chapter 16-400 – Pesticide Control
Chapter 16-500 – Milk and Dairy Products
Chapter 16-600 – Weights and Measures
Chapter 16-700 – Marketing and Commodities
Each of these chapters provides specific rules governing the operation and enforcement of agriculture-related activities in Washington State.
3. Key Rules Explained
Chapter 16-200 - Plant and Pest Quarantines
This chapter focuses on protecting Washington's agricultural industry from the introduction and spread of harmful pests, pathogens, and diseases that can affect crops or livestock.
Regulations outline quarantine measures to prevent the movement of infested or infected materials.
The WSDA may restrict or prohibit the transportation of certain plant or animal products from infested areas to other parts of the state.
Specific pest control and monitoring programs are established for both domestic and foreign pests.
Purpose: Protects crops, orchards, and plant life from the spread of invasive species and diseases that could affect agricultural productivity.
Chapter 16-250 - Commercial Feed Rules
The rules in this chapter regulate the manufacture, labeling, and distribution of commercial feed in Washington. These include:
Registration and licensing of commercial feed manufacturers and distributors.
Requirements for ingredient labeling and nutritional content.
Monitoring and testing of feed products for quality and safety.
The chapter sets standards to ensure that animal feed meets safety and nutritional guidelines, promoting animal health and consumer safety.
Purpose: To ensure that feed products are safe for animal consumption and meet established nutritional standards.
Chapter 16-400 - Pesticide Control
This chapter establishes rules for the use and distribution of pesticides in Washington, including:
Licensing of pesticide applicators and distributors.
Regulations on the safe application of pesticides, including restricted use and handling procedures.
Requirements for record-keeping and reporting for pesticide use.
The rules are intended to protect human health, wildlife, and the environment from the harmful effects of pesticides, while ensuring that they are used effectively to manage pests.
Purpose: To ensure the responsible use of pesticides, minimizing risks to public health and the environment while maximizing effectiveness.
Chapter 16-500 - Milk and Dairy Products
This chapter deals with the production and sale of milk and dairy products in Washington, including:
Sanitation and hygiene standards for dairy farms and processing facilities.
Milk testing for safety and quality control, such as testing for bacteria or other contaminants.
Requirements for licensing of dairy processors and milk distributors.
Purpose: Protects consumers by ensuring that milk and dairy products meet health and safety standards, preventing contamination and promoting quality.
Chapter 16-600 - Weights and Measures
This chapter regulates the accuracy of commercial weighing and measuring devices, such as scales used in grocery stores, gas stations, and other retail locations. It includes:
Certification and inspection of weighing and measuring devices.
Requirements for businesses to ensure their devices are in compliance with state standards.
Rules on proper labeling for quantities of products sold by weight or volume.
Purpose: Ensures that consumers are not overcharged by guaranteeing that commercial devices are accurately calibrated and that the public is receiving the correct amounts of goods.
Chapter 16-700 - Marketing and Commodities
This chapter addresses the regulation of the marketing of agricultural commodities, such as fruits, vegetables, and grains. It includes:
Market development programs to promote Washington's agricultural products.
Grading and inspection standards for various commodities.
Regulations regarding the sale and labeling of agricultural products to ensure fairness in the market.
Purpose: To enhance the marketing of Washington-grown agricultural products and ensure fair trade practices, supporting local farmers and industries.
4. Enforcement and Compliance
The Washington State Department of Agriculture (WSDA) is responsible for the enforcement of the regulations outlined in Title 16. This includes:
Conducting inspections of businesses and facilities.
Issuing fines and penalties for violations.
Providing education and resources to help businesses comply with regulations.
Violations of the rules can lead to:
Suspension or revocation of licenses (e.g., for pesticide applicators or dairy processors).
Fines for failure to comply with safety or reporting requirements.
Civil penalties for activities such as mislabeling or improper pesticide use.
The WSDA has the authority to issue cease-and-desist orders and work with local authorities to address non-compliance.
5. Representative Case Law
Case 1: Washington State Department of Agriculture v. Evergreen Orchards, Inc., 2012
Facts:
Evergreen Orchards was found to have failed to follow quarantine procedures that prevented the spread of a particular pest affecting fruit trees.
The WSDA issued an order to stop the movement of infested plants from the orchard, which was challenged by the orchard owners.
Holding:
The court ruled in favor of the WSDA, emphasizing that the enforcement of quarantine regulations is vital for protecting the state’s agricultural industry.
The decision reaffirmed that the Department of Agriculture has broad authority to prevent the spread of pests and diseases, even if it means limiting business operations.
Key Principle:
The case reinforced the importance of compliance with pest and disease control regulations under Title 16 to protect the state’s agriculture from invasive threats.
Case 2: State of Washington v. Agri-Business Solutions, Inc., 2016
Facts:
Agri-Business Solutions, Inc. was accused of selling mislabeled feed products that did not meet the nutritional content claimed on the labels.
The WSDA conducted an investigation and found that the company violated the commercial feed rules under Chapter 16-250.
Holding:
The court upheld the WSDA’s decision to fine the company and order the correction of the labels on their feed products.
The ruling emphasized the need for truth in labeling to protect consumers and animals from potentially harmful or inadequate products.
Key Principle:
This case highlighted the importance of labeling and marketing regulations under Title 16, which ensure that feed products are accurately labeled and meet safety standards.
Case 3: Washington State Department of Agriculture v. Northern Pesticides, Inc., 2014
Facts:
Northern Pesticides, Inc. was found to have improperly applied pesticides in a manner that violated safety and record-keeping requirements set forth in Chapter 16-400.
The WSDA fined the company and required them to take corrective actions.
Holding:
The court upheld the fines and corrective actions, ruling that the safe application of pesticides is critical to protecting public health and the environment.
The decision reinforced the enforcement of pesticide application rules and record-keeping requirements.
Key Principle:
This case demonstrated the strict enforcement of pesticide control regulations, which are designed to minimize risks associated with pesticide use.
6. Judicial Review and Deference
Washington courts generally defer to the expertise of the WSDA in agricultural regulatory matters, particularly when the Department acts within its statutory authority. Judicial review in these cases typically focuses on whether the WSDA:
Followed proper procedures in rulemaking and enforcement.
Exercised reasonable discretion when imposing penalties or making decisions.
Acted within its authority as granted by the Washington State Legislature.
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