Wash. Rev. Code » Title 15 · Chapter 15.04
Revised Code of Washington

Wash. Rev. Code § 15.04.160 (2026)

✓ current as of May 2026
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(1) An employee engaged to pick berries in this state outside of school hours for the school district where such employee is living while so employed may be less than twelve years of age: PROVIDED, That (a) the employee is employed with the consent of his or her parent or person standing in the place of his or her parent, (b) the berries are for sale within the state only, and are not to be shipped out of the state in any form; (c) the secretary of agriculture or his or her designated representative has certified that there are not sufficient workers available in the immediate area to harvest the crop without such youthful employees, and (d) all employees of any employer engaging youthful employees are paid at the same rate for picking berries.
(2) Each basket, package, or other container containing berries or berry products picked by an employee under twelve years of age shall be distinctively marked so as to insure that the berries do not enter interstate commerce: PROVIDED HOWEVER, That nothing in RCW 15.04.150 and 15.04.160 shall apply to employers who are exempt from the federal fair labor standards act.
[ 2010 c 8 s 6004; 1975 1st ex.s. c 238 s 2.]
Notes of Decisions
Cited in 3 cases, 1997–2001 · leading case: Tugwell v. Kittitas Cnty., 951 P.2d 272 (Wash. Ct. App. 1997).
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Tugwell v. Kittitas Cnty., 951 P.2d 272 (Wash. Ct. App. 1997). · cites it 2× “The Board finds that the State Environmental Policy Act (SEPA) was complied with and a Mitigated Determination of Non-Significance was filed on August 4, 1994 and appropriate Notice of Action published with the paper of record per Kittitas County Code Section 15.04.160. The…”
State v. Locklear, 105 Wash. App. 555 (Wash. Ct. App. 2001). “WAC 212-17-317 (prohibiting the presence of any person from the immediate area of fireworks during testing or firing circuits); WAC 296-45--45505(5) (employee in immediate area of an operating chipper feed table must wear protective equipment); WAC 296-56-60115(8) (immediate…”
State v. Locklear, 20 P.3d 993 (Wash. Ct. App. 2001). “derrick); WAC 212-17-317 (prohibiting the presence of any person from the immediate area of fireworks during testing or firing circuits); WAC 296-45-45505(5) (employee in immediate area of an operating chipper feed table must wear protective equipment); WAC 296-56-60115(8)…”
— Wash. Rev. Code § 15.04.160(1) — 2 cases
State v. Locklear, 105 Wash. App. 555 (Wash. Ct. App. 2001). “WAC 212-17-317 (prohibiting the presence of any person from the immediate area of fireworks during testing or firing circuits); WAC 296-45--45505(5) (employee in immediate area of an operating chipper feed table must wear protective equipment); WAC 296-56-60115(8) (immediate…”
State v. Locklear, 20 P.3d 993 (Wash. Ct. App. 2001). “derrick); WAC 212-17-317 (prohibiting the presence of any person from the immediate area of fireworks during testing or firing circuits); WAC 296-45-45505(5) (employee in immediate area of an operating chipper feed table must wear protective equipment); WAC 296-56-60115(8)…”
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