PERMANENT RULES
Date of Adoption: September 5, 2003.
Purpose: The department is adopting rule amendments to WAC 16-237-170 Emergency storage situation, that implement chapter 13, Laws of 2003 (HB 1101), which amended RCW 22.09.660. The adopted amendments:
• Extend the time period from thirty to one hundred twenty days that grain covered by negotiable receipts can be forwarded during emergency storage situations without canceling or reissuing the negotiable receipt. The one hundred twenty day time period aligns the department's rule with USDA requirements under the uniform grain and rice storage agreement.
• Allow for possible extensions of the one hundred twenty day time period. Again, this aligns the department rule with USDA requirements.
• Require written permission from the depositor and/or the holder of the warehouse receipt before the grain is shipped.
• Are written according to clear rule-writing principles that comply with the "clarity" criteria in Executive Order 97-02.
The department believes that the adopted amendments may:
• Help warehouse operators rotate inventories to maintain quality and condition,
• Prevent grain from being piled on the ground outside of storage facilities, and
• Reduce potential risk of loss to producers and depositors who store commodities in public licensed warehouses.
Citation of Existing Rules Affected by this Order: Amending WAC 16-237-170.
Statutory Authority for Adoption: Chapter 13, Laws of 2003 (HB 1101), RCW 22.09.020(13) and chapter 34.05 RCW.
Adopted under notice filed as WSR 03-15-090 on July 18, 2003.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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 1,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
September 5, 2003
William E. Brookreson
for Valoria Loveland
Director
OTS-6441.1
AMENDATORY SECTION(Amending WSR 00-21-043, filed 10/13/00,
effective 11/13/00)
WAC 16-237-170
Emergency storage situation.
If the
director determines that an emergency storage situation
exists, a warehouse operator may forward warehouse receipted
grain to other licensed warehouses for storage without
canceling the depositor's warehouse receipt under the
following conditions:
(1) The warehouse operator must ((notify the department
prior to shipment.
(2) The warehouse operator must obtain a warehouse receipt in his/her name from the receiving warehouse.
(3) The warehouse operator be back in compliance with the requirements described in RCW 22.09.250 within thirty days)):
(a) Obtain written permission from the depositor and/or the holder of the warehouse receipt before the grain is shipped.
(b) Notify the department before the grain is shipped.
(c) Have a warehouse receipt issued in his/her name from the receiving warehouse.
(d) Be back in compliance with the requirements described in RCW 22.09.250 within one hundred twenty days from the date of the first grain shipment.
(2) An extension of the one hundred twenty-day requirement in subsection (1)(d) of this section may be granted for government owned commodities.
[Statutory Authority: RCW 22.09.020(13). 00-21-043, § 16-237-170, filed 10/13/00, effective 11/13/00.]