WAC 16-550-010   Definitions of terms.  Definitions for terms used in this chapter are also found in chapter 15.65 RCW, Washington State Agricultural Commodity Boards Act. For the purpose of this marketing order, the following additional definitions shall apply:

     (1) "Director" means the director of agriculture of the state of Washington or his or her duly appointed representative.

     (2) "Department" means the department of agriculture of the state of Washington.

     (3) "Act" means the Washington State Agricultural Commodity Boards Act or chapter 15.65 RCW.

     (4) "Person" means 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.

     (5) "Affected producer" or "producer" means any person who produces blueberries in commercial quantities in the state of Washington, or who sells or stores blueberries in the state of Washington for fresh market or for processing. "To produce" means to act as a producer. For the purposes of the blueberry marketing order, "producer" shall include bailees who contract to produce or grow any agricultural product on behalf of a bailor who retains title to the seed and its resulting agricultural product or the agricultural product delivered for further production or increase.

     (6) "Commercial quantity" means any blueberries produced, or stored, for a market by a producer in any calendar year.

     (7) "Handler" means any person who acts as principal or agent or otherwise in processing, selling, marketing, storing, or distributing blueberries not produced by him/her. "Handler" does not include a common carrier used to transport an agricultural commodity. "To handle" means to act as a handler.

     (8) "Blueberry commodity board" hereinafter referred to as "board" or "commission" means the commodity board formed under the provisions of WAC 16-550-020 of this blueberry order.

     (9) "Blueberries" means and includes all kinds, varieties, and hybrids of "vaccinium corym bosum" and "vaccinium australe" grown and marketed in the state of Washington.

     (10) "Marketing season" or "fiscal year" means the twelve-month period beginning January 1 and ending December 31, both dates being inclusive.

     (11) "Producer-handler" means any person who acts both as a producer and as a handler with respect to blueberries. A producer-handler shall be deemed to be a producer with respect to the blueberries which he/she produces and a handler with respect to the blueberries which he/she handles, including those produced by himself/herself.

     (12) "Affected area" means the state of Washington.

     (13) "Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter or trade.

     (14) "Affected unit" means one pound net of blueberries.



[Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. 06-17-078, § 16-550-010, filed 8/14/06, effective 9/14/06. Statutory Authority: RCW 15.65.020 and 15.65.140. 91-01-054 (Order 2068), § 16-550-010, filed 12/13/90, effective 1/13/91; Order 1116, § 16-550-010, filed 5/14/69, effective 6/15/69.]