WSR 00-23-064

PERMANENT RULES

WASHINGTON APPLE COMMISSION


[ Filed November 15, 2000, 12:18 p.m. ]

Date of Adoption: November 9, 2000.

Purpose: WAC 24-12-010 establishes the rate of assessment for fresh apples grown in Washington state. A typographical error occurred in filing WSR 98-18-060. The assessment amount is approved by the majority of affected producers in a referendum, and on August 23, 1998, the commission adopted an increase in the assessment rate. The adopted language contained a typographical error in the assessment rate for those assessments used only for direct consumer advertising and this amendment will correct that error.

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

Statutory Authority for Adoption: Chapter 15.24 RCW.

Adopted under notice filed as WSR 00-17-174 on August 23, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

November 7, 2000

Kenneth Severn

Acting President


AMENDATORY SECTION(Amending WSR 98-18-060 [and 98-21-048], filed 8/31/98 [and 10/15/98])

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 86.96 cents on each one hundred pounds gross billing weight until September 30, 2001. On and after October 1, 2001 the assessment on fresh apples shall be 54.3 cents on each one hundred pounds gross billing weight. For the period October 1, 1998 through September 30, 2001, ((35.66)) 32.66 cents of the assessment on each one hundred pounds gross billing weight shall be 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: Chapter 15.24 RCW and 1997 c 303. 98-18-060 and 98-21-048, 24-12-010, filed 8/31/98 and 10/15/98, effective 10/1/98. 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.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Washington State Code Reviser's Office