WSR 03-20-036

EMERGENCY RULES

WASHINGTON APPLE COMMISSION


[ Filed September 23, 2003, 3:02 p.m. ]

Date of Adoption: September 23, 2003.

Purpose: To reduce the assessment from 54.3 cents on each one hundred pounds gross billing weight to 8.75 cents on each one hundred pounds net billing weight, which is equivalent to 7.60375 cents per hundred weight gross billing weight, to become effective September 1, 2003, for all varieties of apples except Red Delicious, Golden Delicious and Fugi [Fuji]. The reduced assessment will become effective on October 1, 2003, for Red Delicious, Golden Delicious and Fugi [Fuji]. The amendment also simplifies the billing method for assessments.

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

Statutory Authority for Adoption: RCW 15.24.100.

Other Authority: Federal Court Decision of Case # CS-01-0278.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The Washington Apple Commission is currently operating under a federal court settlement that was orally approved on July 23, 2003. The federal court found that the commission's collection of mandatory assessments for advertising and promotion violated the First Amendment, but in the settlement of the case, the federal court approved the reduction of the assessment from 54.3 cents per hundred pounds gross billing weight to 7.06375 cents per hundred gross billing weight, which is equivalent to 8.75 cents per hundred net bill weight (or 3.5 cents per 40 pound box), effective September 1, 2003, for all fresh apples except Red Delicious, Golden Delicious and Fugi [Fuji]. The reduced assessment for Red Delicious, Golden Delicious and Fugi [Fuji] will become effective on October 1, 2003. The timing of the federal court hearing on the settlement made it impossible to comply with the permanent rule-making time requirement prior to the effective date of the new assessment rate.

The billing method, which eliminates tare weights based on container type, has been simplified to accommodate a new computer system that will provide a more cost efficient and accurate billing service for the apple industry.

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 1, 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: Immediately.

September 22, 2003

David Carlson

Interim President


AMENDATORY SECTION(Amending WSR 00-23-064, filed 11/15/00)

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)) 8.75 cents on each one hundred pounds ((gross)) net billing weight effective September 1, 2003, for all varieties of apples except Red Delicious, Golden Delicious, and Fugi. There is hereby levied upon all fresh Red Delicious, Golden Delicious, and Fugi apples grown annually in this state and upon all Red Delicious, Golden Delicious, and Fugi apples packed as Washington apples an assessment of 8.75 cents on each one hundred pounds net billing weight effective October 1, 2003. ((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, 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. 00-23-064, 24-12-010, filed 11/15/00, effective 12/16/00. 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: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The spelling errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office