Washington Code 15.83.030 – Unlawful practices of handlers
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It shall be unlawful for any handler to engage, or permit any employee or agent to engage, in the following practices:
Terms Used In Washington Code 15.83.030
- Agricultural products: as used in this chapter means pears, sweet corn, and potatoes produced for sale from farms in this state. See Washington Code 15.83.010
- Association of producers: means any association of producers of agricultural products engaged in marketing, negotiating for its members, shipping, or processing as defined in section 15(a) of the federal agriculture marketing act of 1929 or in section 1 of 42 Stat. See Washington Code 15.83.010
- Contract: A legal written agreement that becomes binding when signed.
- Handler: means a processor or a person engaged in the business or practice of:
Washington Code 15.83.010Negotiate: means meeting at reasonable times and for reasonable periods of time commencing at least sixty days before the normal planting date for sweet corn and potatoes, or at least sixty days before the normal harvest date for pears, and concluding within thirty days of the normal planting date for sweet corn and potatoes, or within thirty days of the normal harvest date for pears, to make a serious, fair, and reasonable attempt to reach agreement by acknowledging or refuting with reason points brought up by either party with respect to the price, terms of sale, compensation for products produced under contract, or other terms relating to the production or sale of these products: PROVIDED, That neither party shall be required to disclose proprietary business or financial records or information. See Washington Code 15.83.010 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Person: means an individual, partnership, corporation, association, or any other entity. See Washington Code 15.83.010 Processor: means any person that purchases agricultural crops from a producer and cans, freezes, dries, dehydrates, cooks, presses, powders, or otherwise processes those crops in any manner for eventual resale. See Washington Code 15.83.010 Producer: means a person engaged in the production of agricultural products as a farmer or planter, including a grower or farmer furnishing inputs, production management, or facilities for growing or raising agricultural products. See Washington Code 15.83.010 Qualified commodity: means agricultural products as defined in subsection (3) of this section. See Washington Code 15.83.010
(1) To refuse to negotiate with an association of producers accredited under RCW 15.83.020 with respect to any qualified commodity: PROVIDED, That the obligation to negotiate does not require either party to agree to a proposal, to make a concession, or to enter into a contract;
(2) To coerce any producer in the exercise of his or her right to contract with, join, refrain from contracting with or joining, belong to an association of producers, or refuse to deal with any producer because of the exercise of that producer’s right to contract with, join, or belong to an association or because of that producer’s promotion of legislation on behalf of an association of producers;
(3) To discriminate against any producer with respect to price, quantity, quality, or other terms of purchase, acquisition, or other handling of agricultural products because of that producer’s membership in or contract with an association of producers or because of that producer’s promotion of legislation on behalf of an association of producers;
(4) To coerce or intimidate any producer to enter into, maintain, breach, cancel, or terminate a membership agreement or marketing contract with an association of producers or a contract with a handler;
(5) To pay or loan money, give anything of value, or offer any other inducement or reward to a producer for refusing or ceasing to belong to an association of producers;
(6) To make knowingly false reports about the finances, management, or activities of associations of producers or handlers;
(7) To conspire, agree, or arrange with any other person to do, aid, or abet any act made unlawful by this chapter; or
(8) To refuse, in the event that an acceptable price cannot be agreed to between a producer and a processor, to meet with a mutually agreed upon third-party mediator to resolve the price dispute. Any fees associated with the third-party mediation must be borne by the producer.