Washington Code 15.83.040 – Unlawful practices of association of producers or members
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It shall be unlawful for any accredited association of producers or members of such association to engage, or permit any employee or agent to engage, in the following practices:
Terms Used In Washington Code 15.83.040
- Accredited association of producers: means an association of producers which is accredited by the director to be the exclusive negotiation agent for all producer members of the association within a negotiating unit. 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 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 a handler for any qualified commodity for which the association is accredited under RCW 15.83.020;
(2) To coerce or intimidate a handler to breach, cancel, or terminate a marketing contract with an individual producer, association of producers, or a member of an association;
(3) To knowingly make or circulate false reports about the finances, management, or activities of an association of producers or a handler;
(4) To coerce or intimidate a producer to enter into, breach, cancel, or terminate a membership agreement or marketing contract with an association of producers;
(5) To conspire, agree, or arrange with any other person to do, aid, or abet any practice which is in violation of this chapter; or
(6) To pay or loan money, give anything of value, or offer any other inducement or reward to a producer for refusing to contract or negotiate with a processor.
[ 1989 c 355 § 5.]