Wash. Admin. Code § 16-532-030 - [Effective 1/4/2025] Marketing order purposes
The order is to promote the general welfare of the state, to
enable producers of hops to help themselves establish orderly, fair, sound,
efficient, unhampered marketing and standardization of hops and regulate unfair
trade practices within the industry. To carry out the purposes of the order the
(1) Establish plans and conduct programs for
advertising, sales, promotion and/or other programs for maintaining present
markets and/or creating new or larger markets for hops. Such programs shall be
directed toward increasing the sale of hops without reference to any particular
brand or trade name and shall neither make use of false or unwarranted claims
in behalf of hops nor disparage the quality, value, sale or use of any other
agricultural commodity.
(2) Provide
for research in the production, processing and/or distribution of hops and
expend the necessary funds for such purposes. Insofar as practicable, such
research shall be carried on by experiment stations of Washington State
University, but if in the judgment of the board said experiment stations do not
have the facilities for a particular project or if some other research agency
has better facilities therefor, the project may be carried out by other
research agencies selected by the board .
(3) Provide by rules and regulations for:
(a) Establishing uniform labels and labeling
requirements for hops or any products thereof, requiring producers, handlers
and other persons to conform to standards for the placing of labels,
trademarks, insignia or brands on bales or packages, provided, that all
licensed hop dealers or brokers are entitled to use on the face of their
product any particular trademark, insignia, brand or label that they may now
have or will have. That established brands, labels, trademarks or insignias may
be properly used in selling or commercially disposing of hops and hop products
or in offering the same for sale, advertising and/or delivering said hops or
hop products;
(b) Providing for
inspection and enforcement to ascertain and effectuate compliance;
(c) Establishing rules and regulations
respecting the foregoing.
(4) Prohibit and/or otherwise regulate any
one or more or all of the practices listed to the extent that such practices
affect, directly or indirectly, hops or any product thereof, but only with
respect to persons who engage in such practices with the intent of or with the
reasonably foreseeable effect of inducing any purchaser to become their
customer or their supplier or of otherwise dealing or trading with them or of
diverting trade from a competitor, to wit:
(a)
Paying rebates, commissions or unearned discounts;
(b) Unfairly extending privileges or benefits
(pertaining to price, to credit, to the loan, lease or giving away of
facilities, equipment or other property or to any other matter or thing) to any
customer, supplier or other person ;
(c) Discriminating between customers, or
suppliers of a like class;
(d)
Making or publishing false or misleading advertising. Such regulation may
authorize uniform trade practices applicable to all similarly situated handlers
and/or other persons.
(5) The board may authorize use of any money
received and of any persons employed thereunder for legal proceedings, of any
type and in the name of any person , directed to enforcement of this or any
other law in force in the state of Washington relating to the prevention of
unfair trade practices.
(6) Provide
for marketing information and services to affected producers for the
verification of grades, standards, weights, tests and sampling of quality and
quantity of hops purchased by handlers from affected producers.
(7) Participate in federal or state hearings
or other proceedings concerning regulation of the manufacture, distribution,
sale, or use of any pesticide as defined by RCW 15.58.030(29) or any
agricultural chemical which is of use or potential use in producing
hops.
Notes
Statutory Authority: Chapter 15.65 RCW. 92-09-068, § 16-532-030, filed 4/14/92, effective 5/15/92; Marketing Order Article III, § A, filed 7/1/64.
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