WSR 03-06-102

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed March 5, 2003, 9:42 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-14-150.

Title of Rule: Chapter 16-401 WAC, Nursery inspection fees.

Purpose: The proposed language establishes a 5% assessment on the gross sale price of the wholesale market value for all grapevine propagation material produced in Washington, and sold within the state or shipped from the state by any licensed nursery dealer.

Statutory Authority for Adoption: Chapters 15.13 and 34.05 RCW.

Statute Being Implemented: Chapter 15.13 RCW.

Summary: Chapter 15.13 RCW was amended during the 2002 legislative session authorizing the department to collect an assessment on grapevine nursery stock sold in the state and allowing the department to adopt rules to implement the statutory amendment. Revenue collected from the assessment will be deposited into the agriculture local fund and used to support grapevine improvement projects and grapevine certification.

Reasons Supporting Proposal: The proposal was requested by the Grapevine Advisory Committee which is appointed by the director of the Department of Agriculture to advise the department on grapevine related issues.

Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Tom Wessels, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1984.

Name of Proponent: Washington State Department of Agriculture, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposal will establish an assessment on all grapevines grown and sold in Washington. The immediate objective of the assessment is to provide funding for the foundation vineyard at Washington State University. The foundation vineyard is the major source of propagation material for the grapevine certification program. In recent years the foundation vineyard has become outdated due to lack of funding. This in turn has caused growers to bring in planting stock from other states. The assessment, along with other sources of funding, will establish a new foundation vineyard with the currently desirable clones and selections. An updated foundation vineyard will enable Washington certified grapevine nurseries to provide a greater proportion of the planting stock for the Washington grape industry.

Proposal Changes the Following Existing Rules: It adds a new section (WAC 16-401-060) that establishes an assessment on all grapevines grown and sold in Washington state.

No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires that an agency must prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on businesses in an industry. The proposed rule amendments will not impose more than a minor cost on the regulated industry and, therefore, an SBEIS is not required.

RCW 34.05.328 does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).

Hearing Location: Washington State Department of Agriculture, 21 North First Avenue, Room 238, Yakima, WA, on April 9, 2003, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Henri Gonzales by March 26, 2003, TDD (360) 902-1996.

Submit Written Comments to: Henri Gonzales, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2094, e-mail hgonzales@agr.wa.gov, by April 9, 2003.

Date of Intended Adoption: April 22, 2003.

March 5, 2003

Mary A. Martin Toohey

Assistant Director

OTS-6155.1


NEW SECTION
WAC 16-401-060   Annual assessment -- Grapevines.   As provided in RCW 15.13.310, an annual assessment of five percent on the gross sale price of the wholesale market value for all grapevine propagation material produced in Washington, and sold within the state or shipped from the state by any licensed nursery dealer, is established.

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