WSR 99-17-032

DEPARTMENT OF AGRICULTURE


[ Filed August 11, 1999, 1:56 p.m. ]


Suspension of Marketing Order Rules

Pertaining to Assessments for the

Washington State Egg Commission

January 1, 2000 through December 31, 2000



The chairman of the Washington Egg Commission (WEC), in a letter dated July 9, 1999, requested a suspension of the marketing order rules pertaining to the annual assessment on all eggs contained in WAC 16-514-040. I have reviewed the chairman's request, as well as the minutes of the WEC board meeting of June 30, 1999, where the proposed suspension was discussed and voted on by the WEC. Based on this documentation, I have decided to act on the requested suspension.

RCW 16.65.180(2) allows the director of the Department of Agriculture to "[s]uspend any such [marketing] agreement or order or term or provision thereof for a period not to exceed one year, if he finds that such suspension will tend to effectuate the declared policy of this chapter: PROVIDED, That any such suspension of all or substantially all of such agreement or order shall not become effective until the end of the then current marketing season."

In addition, when the director determines, with the advice of the commodity board, that such a suspension would achieve the declared policy of RCW 15.65, the provisions for conducting public hearings may be waived. RCW 15.65.180.

I have determined that suspension of the annual assessment on all eggs will accomplish the stated policy of RCW 15.65. The WEC operates on a fiscal-year basis rather than a marketing season, and RCW 16.65.180 requires any suspension to be confined to one-year beginning at the end of the current marketing season. I am, therefore, suspending the annual assessment of the Washington Egg Commission for a period of one year beginning January 1, 2000, and ending December 31, 2000.

Even though the public hearing process may be waived under RCW 15.65.180, I ask that this finding be published in the Washington State Register.

Jim Jesernig

Director