WSR 98-21-048

PERMANENT RULES

APPLE ADVERTISING COMMISSION

[Filed October 15, 1998, 11:54 a.m., effective October 1, 1998]



Date of Adoption: August 31, 1998.

Purpose: To correct a typographical error in the assessment rate in rule-making order filed on August 31, 1998, under WSR 98-18-060. This rule increases the assessment on fresh apples grown in the state from 54.3 cents per one hundred pounds (25 cents per standard 46-pound box) to 86.96 cents per one hundred pounds (40 cents per standard 46-pound box) for a period of three years. At the end of three years, the rate will be submitted to a vote of the growers to determine if the rate will remain in effect after that date or return to 54.3 cents per one hundred pounds. The corrected rate is certified by a referendum of the growers conducted on August 23, 1998, and verified by the Washington State Department of Agriculture in a memo dated August 27, 1998.

Citation of Existing Rules Affected by this Order: Amending WAC 24-12-010.

Statutory Authority for Adoption: Chapter 15.24 RCW and chapter 303, Laws of 1997.

Adopted under notice filed as WSR 98-13-121 on June 17, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Correcting typographical error.

Effective Date of Rule: October 1, 1998.

October 15, 1998

Steve Lutz

President



AMENDATORY SECTION (Amending Order 19, filed 10/17/86)



WAC 24-12-010  Amount of assessments. (1) There is hereby levied upon all fresh apples grown annually in this state, and upon all apples packed as Washington apples, an assessment of ((32.6)) 86.96 cents on each one hundred pounds gross billing weight until September ((1, 1986)) 30, 2001. On and after ((September 1, 1986)) October 1, 2001 the assessment on fresh apples ((is hereby increased)) shall be 54.3 cents on each one hundred pounds gross billing weight ((in the following amounts:

(a) By 10.9 cents from 32.6 cents to 43.5 cents effective September 1, 1986;

(b) By 6.5 cents from 43.5 cents to 50.0 cents effective September 1, 1988;

(c) By 4.3 cents from 50.0 cents to 54.3 cents effective September 1, 1990)).



For the period October 1, 1998 through September 30, 2001, 35.66 cents of the assessment on each one hundred pounds gross billing weight shall used only for direct consumer advertising.

(2) Assessments shall be payable as provided in WAC 24-12-012, whether in bulk or loose in boxes or any other container, or packed in any style package. The gross billing weights for the following containers shall apply for the purpose of computing said assessments:



description

of container

gross

billing weights



1/3 Bushel box (packed or loose)


15 lbs.
1/2 Bushel box (loose) 23 lbs.
Bulk bushel container (loose) Net weight

plus 3 lbs. tare

9/4 and 12/3 Bag containers 41 lbs.
13/3 Bag container 44 lbs.
10/4 and 8/5 Bag containers 45 lbs.
12/4 Bag container 53 lbs.
Standard tray pack container 46 lbs.
Pocket cell tray pack container 46 lbs.
Cell pack containers, all counts 46 lbs.
2-Layer tray pack container 23 lbs.
Single-layer tray pack container 12 lbs.



[Statutory Authority: RCW 15.24.070(1). 86-21-088 (Order 19), 24-12-010, filed 10/17/86; 84-20-002 (Order 16), 24-12-010, filed 9/20/84; 82-20-073 (Order 13), 24-12-010, filed 10/6/82. Statutory Authority: RCW 15.24.070(1) and 15.24.090. 81-16-011 (Order 9), 24-12-010, filed 7/27/81. Statutory Authority: RCW 15.24.070(1). 79-04-045 (Order 8), 24-12-011 (codified as WAC 24-12-010), filed 3/27/79, effective with the 1979 and subsequent crops of apples; 78-07-030 (Order 7), 24-12-010, filed 6/16/78, effective 9/1/78; Order 6, 24-12-010, filed 11/14/77; Order 1, 24-12-010, filed 9/19/69; Regulation No. 2, filed 1/26/67; Regulation No. 2, effective 9/29/61.]