WSR 04-24-050

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed November 29, 2004, 2:16 p.m. , effective December 30, 2004 ]


Purpose: This rule-making order amends chapter 16-354 WAC to reduce the hop rootstock certification field inspection fees and make them equal to the fees charged for other nursery services. The current rule requires program participants to pay for hop rootstock certification inspections at the rate of $16 per acre with a five-acre minimum. This rule replaces the existing $16 per acre charge with the fee schedule established in chapter 16-401 WAC that is used for other nursery services. The new rule will reduce the cost of hop rootstock certification inspections to the current participants. In addition, this rule clarifies existing language so that it is easier to read and understand.

Citation of Existing Rules Affected by this Order: Amending WAC 16-354-040 and 16-354-050.

Statutory Authority for Adoption: Chapters 15.14 and 34.05 RCW.

Adopted under notice filed as WSR 04-19-124 on September 21, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: November 29, 2004.

William E. Brookreson

Deputy Director

for Valoria H. Loveland

Director

OTS-7414.1


AMENDATORY SECTION(Amending WSR 98-09-049, filed 4/15/98, effective 5/16/98)

WAC 16-354-040   Hop rootstock certification application and fees.   (1) Application for inspection and testing of certified mother blocks and certified stock shall be filed with the department by April 1 of each year accompanied by a seventy-five dollar application fee.

(2) As a condition of participation in the hop rootstock certification program, the applicant grower must furnish to the department all requested information pertinent to the operation of the program and must give consent to the department to take material from certified mother blocks and/or greenhouses for examination and testing.

(3) ((Field inspection fees are sixteen dollars for each acre per inspection with a minimum fee of eighty dollars for five acres or less per inspection.

(4))) Fees for field inspections or inspection of harvested rootstock for grade, phytosanitary certification, or other purposes are assessed at the appropriate rate established in ((WAC 16-401-025)) chapter 16-401 WAC.

(((5))) (4) Payment for each inspection is due upon completion of the inspection. Billing may be arranged subject to department policies and processes.

[Statutory Authority: Chapter 15.14 RCW. 98-09-049, 16-354-040, filed 4/15/98, effective 5/16/98. Statutory Authority: Chapters 15.14 and 17.24 RCW. 91-08-016 (Order 2077), 16-354-040, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 15.14 RCW. 85-15-046 (Order 1867), 16-354-040, filed 7/16/85; 79-06-038 (Order 1631), 16-354-040, filed 5/17/79; Order 1264, 16-354-040, filed 5/10/72; Order 1023, Regulation IV, filed 6/16/66; Order 996, Regulation IV, filed 11/30/65; Order 947, Regulation IV filed 4/13/64.]


AMENDATORY SECTION(Amending WSR 98-09-049, filed 4/15/98, effective 5/16/98)

WAC 16-354-050   Hop rootstock tags and identity.   (1) ((Application for inspection and testing of certified mother blocks and certified stock shall be filed with the department by April 1 of each year accompanied by a seventy-five dollar application fee.

(2))) Any person selling or offering for sale hop rootstock bearing a certification tag or otherwise identified as certified is responsible for the following:

(a) Accurately identifying the rootstock as to variety and year of harvest;

(b) Accurately identifying the rootstock as complying with all of the conditions of the certified hop rootstock program.

(((3))) (2) Any person issued certification tag(s) must keep written records of stock produced and sold. These records must be produced at the request of the department.

[Statutory Authority: Chapter 15.14 RCW. 98-09-049, 16-354-050, filed 4/15/98, effective 5/16/98; 85-15-046 (Order 1867), 16-354-050, filed 7/16/85; Order 1264, 16-354-050, filed 5/10/72; Order 1023, Regulation V, filed 6/16/66; Order 996, Regulation V, filed 11/30/65; Order 947, Regulation V, filed 4/13/64.]

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