WSR 05-08-102

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed April 4, 2005, 4:18 p.m. ]

Original Notice.

Title of Rule and Other Identifying Information: Rules of Washington State Hop Commodity Board, chapter 16-532 WAC.

Hearing Location(s): Washington Hop Commission, 301 West Prospect Place, Moxee, WA 98936, on May 12, 2005, at 1:30 p.m.

Date of Intended Adoption: May 26, 2005.

Submit Written Comments to: Lynn Briscoe, Commodity Commission Coordinator, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504, e-mail lbriscoe@agr.wa.gov, fax (360) 902-2092, by May 13, 2005, at 5:00 p.m.

Assistance for Persons with Disabilities: Contact Rochelle Painter at (360) 902-2060 by May 5, 2005, TTY (360) 902-1996.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to amend and adopt sections within the rules of the Washington State Hop Commodity Board, chapter 16-532 WAC. Proposed amendments and additions will update rule language and establish provisions for producer reporting. The following sections are affected by the proposed amendments:

1. Amend WAC 16-532-110 Requirements for collection of assessments.

2. New section WAC 16-532-115 Reporting.

Reasons Supporting Proposal: Rule language updates will improve the readability and clarity of the affected section and clarifying provisions for producer reporting are being added to aid producers in understanding the necessary reporting procedures.

Statutory Authority for Adoption: Chapter 15.65 RCW, specifically RCW 15.65.047 and 15.65.280, and chapter 34.05 RCW.

Statute Being Implemented: Chapter 15.65 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington Hop Commission, governmental.

Name of Agency Personnel Responsible for Drafting: Lynn Briscoe, Olympia, Washington, (360) 902-2043; Implementation and Enforcement: Ann George, Moxee, Washington, (509) 453-4749.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Technical amendments being proposed do not require a small business economic impact statement pursuant to RCW 19.85.030.

A cost-benefit analysis is not required under RCW 34.05.328. The Department of Agriculture and the Washington Hop Commission are not named agencies in RCW 34.05.328 (5)(a)(i).

April 4, 2005

William E. Brookreson

Deputy Director

OTS-7919.1


AMENDATORY SECTION(Amending WSR 97-17-096, filed 8/20/97, effective 9/20/97)

WAC 16-532-110   Requirements for collection of assessments.   (1) Assessments on all hops marketed or processed shall be paid at the rate specified in WAC 16-532-040 to the hop commodity board (commission) by the first handler receiving or handling such hops for or from a producer((, or by the producer if processing occurs before the first sale)). ((Such)) The assessments shall be deducted from the payment to be made by such handler to the producer. If processing occurs before the first sale, the assessment shall be paid by the producer.

(2) Payment of such assessment shall be due and payable on the tenth day of the second calendar month following the receiving or delivery to said first handler or the assumption of control of a producer's hops, or following the date of processing, if processed prior to the first sale, by said first handler or producer.

(3) ((An inventory)) A report on all hops which are ((not marketed or processed)) produced during the preceding crop year, including a breakdown of pounds marketed, pounds not processed or marketed, and pounds processed but not marketed prior to December 31 of the year in which those hops are produced shall be submitted by the producer no later than January 31 of the following year.

(4) Any handler or producer failing to pay on or before the due date set forth for payment in this regulation, shall add ten percent to the total amount due as a cost for collection as prescribed in RCW 15.65.440.

[Statutory Authority: RCW 15.65.050. 97-17-096, 16-532-110, filed 8/20/97, effective 9/20/97. Statutory Authority: Chapter 15.65 RCW. 92-09-068, 16-532-110, filed 4/14/92, effective 5/15/92; Regulation 1, filed 10/16/64.]


NEW SECTION
WAC 16-532-115   Reporting.   (1) A report on all hops which are produced during the preceding crop year, including a breakdown of pounds marketed, pounds not processed or marketed, and pounds processed but not marketed prior to December 31 of the year in which those hops are produced, shall be submitted by the producer no later than January 31 of the following year.

(2) A "custom processing" report on all hops processed but not sold will be submitted to the commission by the custom processor on the form prescribed by the commission.

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Washington State Code Reviser's Office