WSR 12-16-078

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed July 31, 2012, 11:58 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-11-120.

Title of Rule and Other Identifying Information: Chapter 16-303 WAC, Seed assessment, fees for seed services and seed certification.

Hearing Location(s): WSDA Building, Room 238, 21 North First Avenue, Yakima, WA 98902, on September 5, 2012, at 2:30 p.m.

Date of Intended Adoption: September 17, 2012.

Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2043, by 5 p.m. September 5, 2012.

Assistance for Persons with Disabilities: Contact the agency receptionist by calling TTY 1-800-833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules will ensure that the fees being charged for services provided by the seed program are in correlation to the amount of time needed to render that service and ensure full recovery of costs incurred by the program.

Reasons Supporting Proposal: Fees for seed program services have not been increased since 2003. Since that time operational costs have increased dramatically. It is necessary to increase fees to cover these increased operational costs. Therefore, during the 2012 legislative session, the Washington state legislature authorized (as required by Initiative 960) the Washington state department of agriculture to increase the seed program fees as necessary to meet the actual costs of conducting business (see chapter 7, Laws of 2012).

Statutory Authority for Adoption: RCW 15.49.310; chapter 34.05 RCW; 3ESHB 2127, chapter 7, Laws of 2012.

Statute Being Implemented: Chapter 15.49 RCW, Seeds.

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

Name of Proponent: Washington state department of agriculture, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Victor Shaul, Program Manager, Yakima, (509) 249-6950.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

SUMMARY OF PROPOSED RULES: The Washington state department of agriculture seed program is proposing to amend chapter 16-303 WAC, Seed assessment, fees for seed services and seed certification. The purpose of this chapter is to establish a schedule of fees for services provided by the seed program. The fees established in this chapter are to be set at a level to ensure cost recovery for the individual service rendered.

The proposed amendments to this chapter include:


Increase fees for services rendered by the seed program by 7.5 percent.

SMALL BUSINESS ECONOMIC IMPACT STATEMENT: Chapter 19.85 RCW, the Regulatory Fairness Act, requires an analysis of the economic impact proposed rules will have on regulated small businesses. Preparation of a small business economic impact statement is required when proposed rules will impose more than minor costs for compliance or have the potential of placing an economic impact on small businesses that is disproportionate to the impact on large businesses. "Minor cost" means a cost that is less than three-tenths of one percent of annual revenue or income, or one hundred dollars, whichever is greater, or one percent of annual payroll. "Small business" means any business entity that is owned and operated independently from all other businesses and has fifty or fewer employees.

INDUSTRY ANALYSIS: The seed program is responsible for seed laboratory testing, seed certification and phytosanitary inspection for the export of seed. The program has determined it regulates sixty-nine existing small businesses that fall under the North American Industry Classification System codes corresponding to the regulated industry: 115114 Seed Conditioners.

INVOLVEMENT OF SMALL BUSINESSES: Small businesses have been involved in writing the proposed rules and in providing the department with the expected costs associated with the fee changes.

Meetings have been conducted with the Washington North Idaho Seed Association and the Washington State Crop Improvement Association to provide the members of the Washington seed industry the opportunity to participate in the process and develop the appropriate amount of the needed increase in fees. Additional industry interaction includes presentations at the Washington alfalfa seed commission, the Columbia Basin Vegetable Seed Association, as well as numerous individual meetings with seed company owners and managers.

A small business economic impact assessment survey was mailed to sixty-six seed conditioning businesses to analyze the economic impact of proposed rules on small businesses.

COST OF COMPLIANCE: RCW 19.85.040 directs agencies to analyze the costs of compliance for businesses required to comply with the proposed rule, including costs of equipment, supplies, labor, professional services, and increased administrative costs. Agencies must also consider whether compliance with the rule will result in loss of sales or revenue. RCW 19.85.040 directs agencies to determine whether the proposed rule will have a disproportionate cost impact on small businesses by comparing the cost of compliance for small business with the cost of compliance for the ten percent of the largest businesses required to comply with the proposed rules. Agencies are to use one or more of the following as a basis for comparing costs:


Cost per employee;
Cost per hour of labor; or
Cost per one hundred dollars of sales.

The program has opted to look at cost per one hundred dollars of sales as a basis for comparing costs.

Analysis of Cost of Compliance: The program analyzed the cost of compliance anticipated by regulated small businesses. Seventeen small businesses and zero large businesses returned the small business economic impact survey. Eleven percent of the small businesses surveyed indicated the fees would have an impact.

The following questions were asked to businesses that may have an impact from an increase in fees for requested inspections.


How many employees does your business employ on a full-time year-round basis?
Will jobs be created or lost? If yes, how many jobs?
Will the business incur compliance costs? If yes, cost per $100 of sales?
Will the business loose [lose] revenue or sales? If yes, loss per $100 of sales?

The analysis of the data indicated that no jobs will be created. As for jobs lost, eleven percent of the small businesses indicated that jobs would be lost, however when asked how many jobs might be lost the survey indicated that one job may be lost across all respondents.

In regard to compliance costs the survey indicated that businesses will not incur compliance costs to comply with this rule.

The survey indicated that forty-seven percent of the businesses would incur a loss in revenue due to an increase in fees. However, when asked to quantify the loss in revenue per $100 in sales only two responded and indicated that there would be a minor decrease in profit.

Analysis of Disproportionate Economic Impact: When costs associated with proposed rules are more than minor, the Regulatory Fairness Act requires a comparison of the costs to small businesses with those of ten percent of the largest businesses in the regulated industry. An analysis has shown that the costs small businesses will incur to comply with the proposed rules are not more than minor and are not disproportionate between small and large business entities.

JOBS CREATED OR LOST: Under RCW 19.85.040, agencies must provide an estimate of the number of jobs that will be created or lost as the result of compliance with the proposed rules. In collecting information from representative small businesses through a survey, the program estimates that one job may be lost as a result of small businesses complying with the proposed rules.

CONCLUSION: To comply with chapter 19.85 RCW, the Regulatory Fairness Act, the seed program has analyzed the economic impact of the proposed rules on small businesses and has concluded that the costs are not more than minor and there is no disproportionate impact between small and large businesses.

Please contact Victor Shaul if you have any questions at Vshaul@agr.wa.gov or by calling (509) 249-6950.

A copy of the statement may be obtained by contacting Victor Shaul, 21 North First Avenue, Yakima, WA 98902, phone (509) 249-6950, fax (509) 454-4395, e-mail Vshaul@agr.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency in RCW 34.05.328 (5)(a)(i).

July 31, 2012

Brad J. Avy

Assistant Director

OTS-4908.2


AMENDATORY SECTION(Amending WSR 05-12-053, filed 5/26/05, effective 6/26/05)

WAC 16-303-020   Schedule of charges -- Billing policies and procedures.   (1) Accounts.

(a) All billable services provided for under chapter 15.49 RCW are due and payable upon billing by the department. For the convenience of established accounts and in accord with good business practices, the department provides a monthly billing service. Accounts not paid in full within thirty days of billing are considered delinquent.

(b) On all debts due and payable after July 28, 1991, all delinquent accounts are assessed a late charge equal to ((one and one-half)) two percent per month, or portion of a month, on the unpaid balance.

(c) Except for established accounts where there is a reasonable expectation of additional charges during a calendar month, the minimum billable amount through the monthly billing system is twenty dollars. All billable services of less than twenty dollars are due and payable on the date that service is rendered.

(d) No person with an account ninety days or more in arrears may receive service except on the basis of payment in full at the time service is rendered. Accounts in arrears may be subject to legal action for collection and are not restored to monthly billing status until all past due amounts are paid-in-full.

(e) Accounts that become ninety or more days in arrears twice within a five-year period may be subject to a permanent requirement for payment in full at the time service is provided.

(2) Unless otherwise provided for in rule, requests for refund fees or assessments must be submitted to the department by June 30 of the year following payment of the fee or assessment.

(3) Fees for services not listed in rule are set on the basis of the actual cost to the department of agriculture, or the most appropriate fee established by rule.

[Statutory Authority: 2003 1st sp.s. c 25 309(2), RCW 15.49.310, 15.49.370(3) and chapter 34.05 RCW. 05-12-053, 16-303-020, filed 5/26/05, effective 6/26/05. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, 16-303-020, filed 12/6/00, effective 1/6/01.]


AMENDATORY SECTION(Amending WSR 01-01-015, filed 12/6/00, effective 1/6/01)

WAC 16-303-105   Annual seed inspection charge.   (1) Each person required to obtain a seed labeling permit, pursuant to RCW 15.49.400, of the Washington State Seed Act, must also, pursuant to RCW 15.49.310 and 15.49.370, pay a general seed inspection charge annually to the department in the amount of ((ten)) eleven cents per one hundred dollars gross annual dollar sales in excess of ten thousand dollars of agricultural and/or vegetable seed distributed in this state during the preceding fiscal year, except that no assessment shall be collected on:

(a) Seed for which the assessment has been previously collected, except when such seed is relabeled;

(b) Agricultural or vegetable seed distributed out-of-state;

(c) Seed distributed in containers of four ounces or less;

(d) Stock seed; and

(e) Seed distributed by governmental agencies, such as, but not limited to, the United States Department of Agriculture national foundation seed project. Agricultural and/or vegetable seeds distributed under bailment contract are valued at the producer-conditioner agreement rate in lieu of sale.

(2) The seed assessment fees for the fiscal period beginning July 1 through June 30 are payable on February 1 of the following calendar year.

(3) The seed assessment may accompany the annual application for the seed labeling permit. A penalty of ((ten)) fifteen percent of the assessment fee or a minimum of ((ten)) twenty dollars, whichever is greater, is added to all assessments not paid by February 1.

(4) The annual seed-labeling permit may not be issued until all seed assessments and penalties are satisfied.

[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, 16-303-105, filed 12/6/00, effective 1/6/01.]


AMENDATORY SECTION(Amending WSR 07-21-060, filed 10/12/07, effective 12/1/07)

WAC 16-303-200   Seed program testing fees.   Seed testing fees are as follows:


(1)


Category Crop kind PURITY GERM/1 TZ Additional Crops in each

Category/2

1 Agricultural Grasses ((37.00)) 40.00 ((22.60)) 25.00 ((41.83)) 45.00 Alkaligrass, Bermudagrass, Canarygrass, Foxtail, Switchgrass, Timothy, Zoysia
2 Alfalfa & Clover ((28.78)) 31.00 ((24.66)) 27.00 ((41.83)) 45.00 Alfalfa, Black Medic, Clover, Lupine, Milkvetch, Sainfoin, Trefoil
3 Beans ((26.72)) 29.00 ((24.66)) 27.00 ((41.83)) 45.00 Beans
4 Beets ((39.06)) 42.00 ((43.16)) 47.00 ((41.83)) 45.00 Beets, Swiss chard, Spinach
5 Bentgrass, redtop ((65.78)) 72.00 ((34.94)) 38.00 ((41.83)) 45.00 Bentgrass, Redtop
6 Bluegrass ((45.22)) 49.00 ((30.82)) 33.00 ((41.83)) 45.00 Bluegrass, all types
7 Brassica Species ((69.88)) 75.00 ((34.94)) 38.00 ((41.83)) 45.00 Brassica Species
8 Brome ((47.28)) 51.00 ((24.66)) 27.00 ((41.83)) 45.00 Brome: Mountain, Smooth, Meadow
9 Fescue ((37.00)) 40.00 ((24.66)) 27.00 ((41.83)) 45.00 Fescue: Tall and Meadow
10 Fescue, all others ((45.22)) 49.00 ((24.66)) 27.00 ((41.83)) 45.00 Fescue: Arizona, Blue, Blue Hard, Chewings, Creeping, Hard, Idaho, Red, Sheep
11 Flax ((28.78)) 31.00 ((24.66)) 27.00 ((41.83)) 45.00 Lewis flax
12 Orchardgrass ((51.38)) 55.00 ((26.72)) 29.00 ((41.83)) 45.00 Orchardgrass
13 Peas and other large seeded legumes ((28.78)) 31.00 ((24.66)) 27.00 ((41.83)) 45.00 Peas, Chickpeas, Lentil, Vetch
14 Primrose ((28.78)) 31.00 ((24.66)) 27.00 ((41.83)) 45.00 Primrose
15 Ryegrass ((45.22)) 49.00 ((22.60)) 25.00 ((41.83)) 45.00 Ryegrass, (Perennial or Annual)
16 Small burnet ((28.78)) 31.00 ((24.66)) 27.00 ((41.83)) 45.00 Small burnet
17 Sudangrass ((28.78)) 31.00 ((24.66)) 27.00 ((41.83)) 45.00 Sudangrass
18 Vegetables ((28.78)) 31.00 ((24.66)) 27.00 ((45.00)) 49.00 Vegetables: Arugula, Asparagus, Cantaloupe, Carrot, Celery, Corn, Coriander, Cucumber, Dill, Eggplant, Endive, Leek, Lettuce, Okra, Onion, Parsley, Parsnip, Pepper, Pumpkin, Radish, Squash, Tomato, Watermelon
19 Grains ((28.78)) 31.00 ((24.66)) 27.00 ((41.83)) 45.00 Wheat, Triticale, Sunflower, Sorghum, Safflower, Rye, Rice, Millet, Buckwheat, Barley, Oats, Emmer, Spelt
20 Wheatgrass, Wildrye, other native species Group A ((78.12)) 84.00 ((30.82)) 33.00 ((41.83)) 45.00 Bluestem, Buffalograss, Lovegrass, Penstemon, Sand dropseed, Sideoats, Squirreltail; Intermediate, Pubescent, Tall, Thickspike, Slender, and Western wheatgrasses; Small-seeded wildrye
Wheatgrass, Wildrye, other native species and flowers Group B ((69.00)) 75.00 ((30.82)) 33.00 ((41.83)) 45.00 Bitterbrush, Echinacea, Indian ricegrass, Junegrass, Kochia, Oatgrass, Indian ricegrass, Blue and other large-seeded wildrye, Crested and Siberian wheatgrasses
Wheatgrass, Wildrye, other native species and flowers Group C ((69.00)) 75.00 ((114.48)) 123.00* ((41.83)) 45.00 Green needlegrass, Needle & Thread, Penstemon *(Germination requires 400 seed TZ according to AOSA Rules)

/1 Standard 400 seed germination test.

(2) Crops not listed in the above table will be charged by the category that they fit into.

[Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. 07-21-060, 16-303-200, filed 10/12/07, effective 12/1/07. Statutory Authority: 2003 1st sp.s. c 25 309(2), RCW 15.49.310, 15.49.370(3) and chapter 34.05 RCW. 05-12-053, 16-303-200, filed 5/26/05, effective 6/26/05. Statutory Authority: Chapters 15.49 and 34.05 RCW, 2003 c 308. 03-18-071, 16-303-200, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. 03-08-005, 16-303-200, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-061, 16-303-200, filed 5/30/02, effective 6/30/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, 16-303-200, filed 12/6/00, effective 1/6/01.]


AMENDATORY SECTION(Amending WSR 07-21-060, filed 10/12/07, effective 12/1/07)

WAC 16-303-210   Fees for special seed tests.  


Test Fee Additional Information
(1) All states noxious weed examination $ ((33.38)) 36.00
(2) Dormant Seed Test $ ((41.83)) 45.00
(a) For crops requiring a 400 seed TZ as required in the AOSA rules $ ((83.66)) 90.00
(b) This fee also applies to paired tests when required by AOSA rules
(3) Cold (vigor) test for wheat $ ((65.00)) 70.00
(4) Crop or weed exam Standard noxious amount from AOSA rules
(a) Turf-type and other small seeded grasses $ ((38.00)) 41.00 Kentucky bluegrass, timothy, alkaligrass, fine-leaved fescues
(b) Small seeded legumes and medium seeded crops $ ((44.00)) 47.00 Brassicas, ryegrass, tall fescue
(c) Wheatgrass and native species $ ((50.00)) 54.00
(d) Grains and large seeded legumes $ ((22.00)) 24.00
(5) Fescue seed ammonia test $ ((30.82)) 33.00 Required on all certified Blue, Hard, and Sheep fescues
(6) Fluorescence test (400 seed test) $ ((26.72)) 29.00 Required on all Perennial and Annual ryegrass samples
(7) Miscellaneous services, samples requiring extra time, field run samples, etc. $ ((35.00)) 40.00/hour

(8) Pest and disease (phyto exam) and/or soil exam $ ((34.94)) 39.00
(9) Quarantine tests on seed
Bluegrass and Bentgrass $ ((18.04)) 20.00/5 grams
Other grasses $ ((18.04)) 20.00/10 grams
(10) Rules test -- Canadian PURITY GERMINATION
Alfalfa, clover, peas, lentils $ ((32.37)) 35.00 $ ((24.66)) 27.00
Kentucky bluegrass $ ((49.34)) 53.00 $ ((30.82)) 33.00
Bentgrass $ ((72.47)) 78.00 $ ((34.94)) 38.00
(11) Rules test -- I.S.T.A. PURITY GERMINATION
Alfalfa, clover, peas, lentils $ ((32.37)) 35.00 $ ((30.82)) 33.00
Kentucky bluegrass $ ((49.34)) 53.00 $ ((30.82)) 33.00
(12) Moisture test $ ((30.00)) 33.00
(13) Seed Count
(a) Large seed $ ((9.25)) 10.00
(b) Small seed $ ((12.30)) 13.00
(((14) Out-sourcing charge $ 15.00))
(((15))) (14) Sod seed analysis Bluegrass

Fescue

Ryegrass

$ ((75.00)) 81.00

$ ((52.00)) 56.00

$ ((42.00)) 45.00

(((16))) (15) Sodium Hydroxide test for presence of red and/or white wheat $ ((20.54)) 23.00
(((17))) (16) Undesirable grass species test (includes an all states noxious test) examination (UGS test) $ ((70.37)) 76.00
(((18))) (17) Germination test in soil $ ((50.00)) 54.00
(((19))) (18) Wheat bioassay test $ ((50.00)) 54.00
(((20))) (19) Germination on mixtures

Germination requiring embryo excision

$ ((35.00)) 40.00 per hour for separation of kinds or preparation time This is in addition to the established germination fee

[Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. 07-21-060, 16-303-210, filed 10/12/07, effective 12/1/07. Statutory Authority: 2003 1st sp.s. c 25 309(2), RCW 15.49.310, 15.49.370(3) and chapter 34.05 RCW. 05-12-053, 16-303-210, filed 5/26/05, effective 6/26/05. Statutory Authority: Chapters 15.49 and 34.05 RCW, 2003 c 308. 03-18-071, 16-303-210, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. 03-08-005, 16-303-210, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-061, 16-303-210, filed 5/30/02, effective 6/30/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, 16-303-210, filed 12/6/00, effective 1/6/01.]


AMENDATORY SECTION(Amending WSR 07-21-060 and 07-24-082, filed 10/12/07 and 12/5/07, effective 12/1/07 and 1/5/08)

WAC 16-303-230   Official seed sampling or similar service.   Fees for official sampling are in addition to travel time and mileage.


Crop Fee Minimum charge
Peas, beans, small grains or seeds of similar size Standard sampling $ ((0.07)) 0.09 per cwt. $ ((35.00)) 40.00
I.S.T.A. sampling $ ((0.09)) 0.11 per cwt. plus $ ((7.50)) 9.00 per lot $ ((35.00))

40.00 plus

$ ((7.50))

9.00 per lot

For all other kinds Standard sampling $ ((0.18)) 0.20 per cwt. $ ((35.00)) 40.00
I.S.T.A. sampling $ ((0.22)) 0.24 per cwt. plus $ ((7.50)) 9.00 per lot $ ((35.00)) 40.00 plus

$ ((7.50))

9.00 per lot

[Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. 07-21-060 and 07-24-082, 16-303-230, filed 10/12/07 and 12/5/07, effective 12/1/07 and 1/5/08. Statutory Authority: Chapters 15.49 and 34.05 RCW, 2003 c 308. 03-18-071, 16-303-230, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. 03-08-005, 16-303-230, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-061, 16-303-230, filed 5/30/02, effective 6/30/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, 16-303-230, filed 12/6/00, effective 1/6/01.]


AMENDATORY SECTION(Amending WSR 07-21-060, filed 10/12/07, effective 12/1/07)

WAC 16-303-240   Fees for blending seed.   Blending fee is not applicable to salvage blends.


Grass option B* Washington origin seed $ ((1.02)) 1.10 per cwt.
Grass option B* Out-of-state origin $ ((0.61)) 0.66 per cwt.
Grass option A and all other blends of other crops $ ((0.07)) 0.10 per cwt.
*See WAC 16-303-320, footnote 6 for information on option A and option B.

[Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. 07-21-060, 16-303-240, filed 10/12/07, effective 12/1/07. Statutory Authority: Chapters 15.49 and 34.05 RCW, 2003 c 308. 03-18-071, 16-303-240, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, 16-303-240, filed 12/6/00, effective 1/6/01.]


AMENDATORY SECTION(Amending WSR 07-21-060, filed 10/12/07, effective 12/1/07)

WAC 16-303-250   Miscellaneous charges for seed services.   Fees for miscellaneous department seed services are as follows:


Service Fee
Rush samples (including phone or FAX report if requested at time sample is submitted) $ ((15.00))

16.00

High priority sample - Purity result completed before the end of the next business day. (Special circumstances only. Call ahead for availability.) $ ((150.00)) 160.00
((Phone reports on test result, per call $ 7.18
Preliminary report on germination $ 5.00))
Additional mailing of report $ ((5.12)) 6.00

each destination

Additional copies of reports $ ((2.50)) 3.00

minimum fee

Revised reports $ ((10.26)) 11.00 minimum (hourly fee when applicable)
Fee for special shipping and handling service, for example Federal Express, Air Parcel or air freight $ ((3.70)) 5.00 plus exact shipping cost
Fee for facsimile transmission of documents $ 1.00

per document

Mileage - Additional or special requested trips As established by the Washington State Office of Financial Management

Stand-by time - Or travel time $ ((35.00)) 40.00/hour Travel time to be charged when special trip is requested.

[Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. 07-21-060, 16-303-250, filed 10/12/07, effective 12/1/07. Statutory Authority: 2003 1st sp.s. c 25 309(2), RCW 15.49.310, 15.49.370(3) and chapter 34.05 RCW. 05-12-053, 16-303-250, filed 5/26/05, effective 6/26/05. Statutory Authority: Chapters 15.49 and 34.05 RCW, 2003 c 308. 03-18-071, 16-303-250, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. 03-08-005, 16-303-250, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-061, 16-303-250, filed 5/30/02, effective 6/30/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, 16-303-250, filed 12/6/00, effective 1/6/01.]


AMENDATORY SECTION(Amending WSR 07-21-060, filed 10/12/07, effective 12/1/07)

WAC 16-303-300   Phytosanitary certification of seed -- Fees.  


Service Fee Additional Information
Federal Phytosanitary

certificate

$ ((35.00)) 50.00
State Phytosanitary certificate $ ((40.00)) 45.00
Field inspection((--)) - All seed except wheat seed (for each required inspection) $ ((5.30)) 5.83 per acre, per required inspection $ ((50.00)) 55.00 minimum fee, per inspection
Field inspection((--)) - Wheat seed only $ ((2.12)) 2.33 per acre

or fraction thereof

$ ((50.00)) 55.00 minimum fee, per inspection
Area inspection $ ((0.53/)) 0.60 per acre
Late fee - Per application $ ((41.00)) 50.00

[Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. 07-21-060, 16-303-300, filed 10/12/07, effective 12/1/07. Statutory Authority: Chapters 15.49 and 34.05 RCW, 2003 c 308. 03-18-071, 16-303-300, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. 03-08-005, 16-303-300, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-061, 16-303-300, filed 5/30/02, effective 6/30/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, 16-303-300, filed 12/6/00, effective 1/6/01.]


AMENDATORY SECTION(Amending WSR 07-21-060, filed 10/12/07, effective 12/1/07)

WAC 16-303-310   Organization for economic cooperation and development scheme for varietal certification (O.E.C.D.) fees.   In addition to fees required by applicable Washington certification rules, the following fees shall apply to all seed tagged O.E.C.D. and is payable by the person requesting O.E.C.D. certificate. The certifying agency may require fees paid in advance:


Service Fee Additional Information
O.E.C.D. certificate $ ((15.41)) 17.00 each
O.E.C.D. grow out test $ ((65.72)) 72.00 each entry No charge for control entry
O.E.C.D. assessment cost to program This is a pass through fee to USDA
O.E.C.D. tagging fee* $ ((0.84)) 0.91/cwt.

All grasses except tall fescue
$ ((0.51)) 0.55/cwt. Tall fescue
$ ((0.53)) 0.57/cwt. All other crops

* Minimum tagging fee is $13.00.

[Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. 07-21-060, 16-303-310, filed 10/12/07, effective 12/1/07. Statutory Authority: 2003 1st sp.s. c 25 309(2), RCW 15.49.310, 15.49.370(3) and chapter 34.05 RCW. 05-12-053, 16-303-310, filed 5/26/05, effective 6/26/05. Statutory Authority: Chapters 15.49 and 34.05 RCW, 2003 c 308. 03-18-071, 16-303-310, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. 03-08-005, 16-303-310, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-061, 16-303-310, filed 5/30/02, effective 6/30/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, 16-303-310, filed 12/6/00, effective 1/6/01.]


AMENDATORY SECTION(Amending WSR 07-21-060, filed 10/12/07, effective 12/1/07)

WAC 16-303-315   Service fee for sod quality seed tags and tagging.   Service fee for sod quality seed tags and tagging shall be $((0.22)) 0.25 per cwt. Minimum tagging fee is $13.00.

[Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. 07-21-060, 16-303-315, filed 10/12/07, effective 12/1/07. Statutory Authority: Chapters 15.49 and 34.05 RCW, 2003 c 308. 03-18-071, 16-303-315, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, 16-303-315, filed 12/6/00, effective 1/6/01.]


AMENDATORY SECTION(Amending WSR 07-21-060, filed 10/12/07, effective 12/1/07)

WAC 16-303-317   Annual and rough bluegrass quarantine fees.   Fees for sampling and analysis for the presence of annual or rough bluegrass are those fees established in this chapter and:

(1) Annual bluegrass and rough bluegrass - Inspection fee for nursery plantings for the presence of annual bluegrass is $((59.10)) 63.53 per acre or portion thereof. ((The tagging fee is $0.53 cwt. with a minimum fee of $23.12.))

(2) Quarantine inspection of grass seed fields found to be in violation of the quarantine requirements will be charged at the rate of $((200.00)) 215.00 per field inspection.

[Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. 07-21-060, 16-303-317, filed 10/12/07, effective 12/1/07. Statutory Authority: Chapters 15.49 and 34.05 RCW, 2003 c 308. 03-18-071, 16-303-317, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. 03-08-005, 16-303-317, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-061, 16-303-317, filed 5/30/02, effective 6/30/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, 16-303-317, filed 12/6/00, effective 1/6/01.]


AMENDATORY SECTION(Amending WSR 07-21-060, filed 10/12/07, effective 12/1/07)

WAC 16-303-320   Certification fees for seed certified by the department.   (1) Fees apply to both new and renewal applications.

The seed processor is responsible for seed certification fees including sampling, testing, production and final certification fees, and may accept responsibility for any other additional fees associated with certification. Fees for services such as O.E.C.D. and sod quality, etc., are in addition to the fees listed in this section.


Seed Application Fee 1/ Seedling field inspection fee Seedling producing or field inspection Fee 2/ Late Application Penalty Fee Reinspection Fee

(other than

isolation)

Production Fee (includes tagging) 7/10/ 11/ Seed shipped

Out-of-State (uncleaned)

Alfalfa, Red clover, White clover and Trefoil $ ((30.00)) 32.25 per variety per grower $ ((50.00/)) 54.00 per field $ ((1.85/)) 2.00 per acre $ ((41.00)) 50.00 $ ((53.44 ea.)) 58.00 per field $ ((0.53)) 0.57/cwt. 5/ $ ((0.20)) 0.22/cwt.
Bean $ ((30.00)) 32.25 per variety per grower N/A $ ((1.85/)) 2.00 per acre 3/

(one inspection)

$ ((3.70/)) 4.00 per acre 4/

(two inspections)

$ ((41.00)) 50.00 $ ((53.44 ea.)) 58.00 per field $ ((0.53)) 0.57/cwt. $ ((0.20)) 0.22/cwt.
Turnip, Rutabaga, Kale $ ((30.00)) 32.25 per field N/A $ ((3.70/)) 4.00 per acre (two inspections) $ ((41.00)) 50.00 $ ((53.44 each)) 58.00 per field $ ((0.53)) 0.57/cwt. $ ((0.20)) 0.22
Perennial Grasses 6/ $ ((30.00)) 32.25 per field $ ((50.00/)) 54.00 per field $ ((50.00)) 54.00 per field $ ((41.00)) 50.00 $ ((53.44 each)) 58.00 per field Option A

$ ((0.84)) 0.91/cwt. for all grass except tall fescue

$ ((0.51)) 0.55/cwt. tall fescue

Option B

$ ((1.17)) 1.26/cwt. (min. $ ((11.66)) 12.54)

$ ((0.31)) 0.34
Corn $ ((30.00)) 32.25 per field N/A $ ((50.00)) 55.00 first acre

$ ((10.99)) 12.00 ea. additional acre except hybrid corn $ ((4.85)) 5.35 ea. additional acre

$ ((41.00)) 50.00 ------ $ ((0.11)) 0.15 per tag issued ((or minimum fee of $10.00 per lot)) $ ((3.00)) 4.00 per document
Annual grasses $ ((30.00)) 32.25 per field N/A $ ((1.85/)) 2.00 per acre $ ((41.00)) 50.00 per field $ ((53.44 each)) 58.00 per field $ ((0.42)) 0.45/cwt. $ ((0.20)) 0.22
Rapeseed, Canola, and Mustard $ ((30.00)) 32.25 per variety per grower N/A $ ((1.85/)) 2.00 per acre (one inspection) $ ((41.00)) 50.00 per grower $ ((53.44 ea.)) 58.00 per field $ ((0.53)) 0.57/cwt. $ ((0.20)) 0.22

1/ Seed certification application due dates can be found in WAC 16-302-050.
2/ Seedling producing or field inspection fees are refundable if the acreage is withdrawn before the inspection is completed. In the case of bean seed, fees are required of seedling fields to be harvested for certification the year of planting.
3/ One inspection is required for Great Northern Red Mexican, pinto, pink, and small white bean.
4/ Includes windrow inspection which is required for certification of snap beans, kidney beans, and eligibility for shipment into the state of Idaho.
5/ Production fees are billed at completion of laboratory analysis tests. If no seed is tagged, $0.10 of the $((0.53)) 0.57 per cwt. production fee is refundable.
6/ Option A: Inspection and final certification fees are based on pounds sampled and billed upon completion of required laboratory tests.
Option B: Inspection and final certification fees are based on pounds tagged after required laboratory tests are completed. Those dealers requesting sampling and tagging privileges and/or participation in Option B must sign a memorandum of agreement that shall expire on June 30 of each year. The memorandum may be terminated by the director if the conditioner violates certification standards or requirements of memorandum.
7/ Does not include shipping and handling charge for tags.
8/ Service inspection of seed fields
Service inspection will be charged the established hourly rate inclusive of travel time and inspection time. This excludes the seedling inspection which is charged according to the above chart.
Service inspections will be charged a mileage fee based upon the OFM mileage rate.
9/ Hybrid inspections (pollen counts)
All crops except corn:
(a) $((45.00)) 48.50 per inspection if done at the time of the certification inspection.
(b) $((125)) 135.00 per inspection if not conducted at the time of the certification inspection.
10/ Minimum tagging fee is $13.00.
11/ For seed lots in packages of less than 25 lbs., tags are $0.15 per tag in addition to the production fee.
(2) Other fees associated with grass seed certification:

Out-of-state origin seed tagged with interagency certification tags.


Grass Option A: $ ((0.31)) 0.33 per cwt.
Grass Option B: $ ((0.68)) 0.73 per cwt.
((Reissuance of cert. tags: $ 0.11 per tag or minimum fee of $ 11.66))

(3) Reissuance of certification tags is $0.15 per tag or a minimum fee of $13.00.

[Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. 07-21-060, 16-303-320, filed 10/12/07, effective 12/1/07. Statutory Authority: 2003 1st sp.s. c 25 309(2), RCW 15.49.310, 15.49.370(3) and chapter 34.05 RCW. 05-12-053, 16-303-320, filed 5/26/05, effective 6/26/05. Statutory Authority: Chapters 15.49 and 34.05 RCW, 2003 c 308. 03-18-071, 16-303-320, filed 8/29/03, effective 9/29/03. Statutory Authority: RCW 15.49.370(3), 15.49.310, and chapter 34.05 RCW. 03-08-005, 16-303-320, filed 3/20/03, effective 4/20/03. Statutory Authority: Chapters 15.49 and 34.05 RCW. 02-12-061, 16-303-320, filed 5/30/02, effective 6/30/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, 16-303-320, filed 12/6/00, effective 1/6/01.]


AMENDATORY SECTION(Amending WSR 07-21-060, filed 10/12/07, effective 12/1/07)

WAC 16-303-340   Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum and small grains.   (1) Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum and small grains are as follows:

(a) Application fee per variety per grower . . . . . . . . . . . . $((22.97)) 25.00
(b) Field inspection fee per acre except millet and hybrid sorghum . . . . . . . . . . . . $((3.11)) 3.15
(c) Millet - First acre . . . . . . . . . . . . $32.55
-Each additional acre . . . . . . . . . . . . $((6.48)) 6.50
(d) Hybrid sorghum - First acre . . . . . . . . . . . . $32.55
-Each additional acre . . . . . . . . . . . . $13.00
(e) Special field inspection fee per

acre . . . . . . . . . . . .

$((2.58)) 2.60
(f) Late application fee . . . . . . . . . . . . $((30.75)) 50.00
(g) Reinspection fee . . . . . . . . . . . . $((43.10)) 45.00
minimum for each field which did not pass field inspection plus $0.46 for each acre over twenty-five. The reinspection fee for isolation requirements only for a field of any size is $43.10.
(h) Final certification fee . . . . . . . . . . . . $0.25
per cwt. of clean seed sampled, which is charged to conditioning plant, or production fee . . . . . . . . . . . .

$0.105

per cwt. of production from fields inspected which is utilized for seed, which is charged to the grower or the final seller prior to brokerage, retail sale, sale to plant not approved for conditioning certified seed, or transshipment out-of-state.
(i) Sampling fee . . . . . . . . . . . . $0.105
per cwt. of clean seed sampled, with minimum charge of $10.30 per sample, which is charged to conditioning plant in lieu of mechanical sampling.

(2) A field may be withdrawn upon notification by the applicant to the certifying agency's office before field inspection. In such case, the field inspection fee is refunded upon request until June 30 of the year following harvest.

(3) Harvest before field inspection causes forfeitures of both the application and field inspection fees, and completion of certification.

[Statutory Authority: RCW 15.49.310 and chapter 34.05 RCW. 07-21-060, 16-303-340, filed 10/12/07, effective 12/1/07. Statutory Authority: RCW 15.49.310, 15.49.370(3), and chapter 34.05 RCW. 06-11-066, 16-303-340, filed 5/12/06, effective 6/12/06; 05-05-052, 16-303-340, filed 2/14/05, effective 3/17/05; 04-06-029, 16-303-340, filed 2/24/04, effective 3/26/04; 03-06-005, 16-303-340, filed 2/20/03, effective 3/23/03; 02-05-082, 16-303-340, filed 2/20/02, effective 3/23/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, 16-303-340, filed 12/6/00, effective 1/6/01.]

Washington State Code Reviser's Office