WAC 16-530-010
Definition of terms. Definitions for
terms used in this chapter are also found in chapter 15.66 RCW, Washington State Agricultural Commodity Commissions Act. For the purposes of the barley marketing order, the following
additional definitions shall apply:
(1) "Director" means the director of agriculture of the
state of Washington or any qualified person or persons
designated by the director of agriculture to act for him or
her concerning some matter under this chapter.
(2) "Act" means the Washington State Agricultural
Commodity Commissions Act, chapter 15.66 RCW.
(3) "Person" includes any individual, firm, corporation,
limited liability company, trust, association, partnership,
society or any other organization of individuals, or any unit
or agency of local or state government.
(4) "Producer" means any person who is engaged in the
business of producing or causing to be produced for market, in
commercial quantities, barley grown in the designated affected
area of the state of Washington. "To produce" means to act as
a producer. For the purposes of the barley marketing order,
"producer" shall include persons who contract to produce or
grow any agricultural product on behalf of another person who
retains title to the seed and its resulting agricultural
product or the agricultural product delivered for further
production or increase.
(5) "Affected producer" means any producer who is subject
to this marketing order.
(6) "Commercial quantities" shall mean and include twenty
tons produced for market in any calendar year by any producer.
(7) "Barley" means and includes all kinds and varieties
of barley grown in the state of Washington.
(8) "Barley commission" or "commission" are synonymous
and mean the commission established pursuant to the provisions
of WAC 16-530-020 of this marketing order.
(9) "Marketing year" refers to the twelve-month period
beginning June 1 of any year and ending on May 31. "Fiscal
year" refers to the twelve-month period beginning July 1 of
any year and ending on June 30.
(10) "Handler" means any person who acts, either as
principal, agent, or otherwise, in the processing, selling,
marketing, or distributing of barley that is not produced by
the handler. "Handler" does not include a common carrier used
to transport an agricultural commodity. "To handle" means to
act as a handler.
(11) "Commercial channels" means the sale of barley for
use as food, feed, seed or any industrial or chemurgic use,
when sold to any commercial buyer, dealer, processor,
cooperative, or to any person, public or private, who resells
any barley, or products produced from barley.
(12) "Affected area" shall mean and include the following
counties located in the state of Washington: Adams, Asotin,
Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield,
Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille,
Spokane, Stevens, Walla Walla, Whitman, and Yakima.
[Statutory Authority: RCW 15.66.030, 15.66.053, 15.66.055,
and chapter 34.05 RCW. 04-16-026, § 16-530-010, filed
7/26/04, effective 8/26/04. Statutory Authority: Chapter 15.66 RCW. 85-11-089 (Order 1857), § 16-530-010, filed
5/22/85, effective 7/1/85.]