(1) Any person who wishes to conduct an activity otherwise prohibited within a Brassica seed production district must first enter into a Brassica production agreement with the director. Each Brassica production agreement shall be developed by the applicant and the director in consultation with an advisory committee comprised of at least three individuals appointed by the director, none of whom shall have a financial interest in the request for agreement or its outcome and at least one of whom shall be a grower in or processor of Brassica seed crops grown within the Brassica seed production district. The director shall not enter into any Brassica production agreement unless the director, in the exercise of his or her discretion, is satisfied that the agreement contains terms and conditions that are necessary and sufficient to mitigate reasonably possible risks to the economic well-being of growers within the Brassica seed production district from the proposed activity.
(2) The applicant or any grower or processor of a Brassica seed crop grown within the Brassica seed production district that would be affected by the Brassica production agreement may appeal, under RCW 34.05.570(4), the director's decision whether or not to enter into a Brassica production agreement. Any such appeal must be filed in the superior court of Thurston county or the county in which the activity to be allowed under the Brassica production agreement would occur.
[ 2007 c 181 § 4.]