PROPOSED RULES
Original Notice.
Title of Rule: Hops (Washington Hop Commission), chapter 16-532 WAC.
Purpose: The purpose of this rule making is to adopt, amend, and repeal sections within the rules of the Washington State Hop Commodity Board, WAC 16-532-101 through 16-532-120.
Statutory Authority for Adoption: RCW 15.65.047 and chapter 34.05 RCW.
Statute Being Implemented: Chapter 15.65 RCW.
Summary: The proposed additions and amendments will establish provisions for producer reporting, remove the approved two-letter abbreviation list for hop varieties in WAC 16-532-120, update rule language, and repeal WAC 16-532-101. These amendments will improve readability and clarity, as well as, update board practices.
Name of Agency Personnel Responsible for Drafting: Lynn Briscoe, Olympia, (360) 902-2043; Implementation and Enforcement: Ann George, Moxee, (509) 453-4749.
Name of Proponent: Washington Hop Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of this rule making is to adopt, amend, and repeal sections within the rules of Washington State Hop Commodity Board, WAC 16-532-101 through 16-532-120. These amendments will improve readability and clarity, as well as, update board practices. See Summary above. The following are the proposed amendments:
• Repeal WAC 16-532-101 Promulgation.
• Amend WAC 16-532-110 Requirements for collection of assessments.
• New section WAC 16-532-115 Reporting.
• Amend WAC 16-532-120 Labeling.
Proposal Changes the Following Existing Rules: See above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Technical amendments being proposed do not require a small business economic impact statement pursuant to RCW 19.85.030.
RCW 34.05.328 does not apply to this rule adoption. The Washington Hop Commission is not a named agency, therefore, exempt from this provision.
Hearing Location: Yakima Masonic Center, 2nd Floor, 504 North Naches Avenue, Yakima, WA, on December 9, 2003, at 1:30 p.m.
Assistance for Persons with Disabilities: Contact Jodi Jones, Washington State Department of Agriculture, at (360) 902-1806, by November 25, 2003, TDD (360) 902-1996.
Submit Written Comments to: Lynn Briscoe, Commodity Commission Coordinator, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504, fax (360) 902-2092, e-mail lbriscoe@agr.wa.gov, by December 10, 2003, 5:00 p.m.
Date of Intended Adoption: April 30, 2004.
October 21, 2003
William E. Brookreson
Deputy Director
OTS-6759.1
AMENDATORY SECTION(Amending WSR 97-17-096, filed 8/20/97,
effective 9/20/97)
WAC 16-532-110
Requirements for collection of
assessments.
(1) Assessments on all hops marketed or
processed shall be paid at the rate specified in WAC 16-532-040 to the hop commodity board (commission) by the
first handler receiving or handling such hops for or from a
producer((, or by the producer if processing occurs before the
first sale)). ((Such)) The assessments shall be deducted from
the payment to be made by such handler to the producer. If
processing occurs before the first sale, the assessment shall
be paid by the producer.
(2) Payment of such assessment shall be due and payable on the tenth day of the second calendar month following the receiving or delivery to said first handler or the assumption of control of a producer's hops, or following the date of processing, if processed prior to the first sale, by said first handler or producer.
(3) ((An inventory)) A report on all hops which are ((not
marketed or processed)) produced during the preceding crop
year, including a breakdown of pounds marketed, pounds not
processed or marketed, and pounds processed but not marketed
prior to December 31 of the year in which those hops are
produced shall be submitted by the producer no later than
January 31 of the following year.
(4) Any handler or producer failing to pay on or before the due date set forth for payment in this regulation, shall add ten percent to the total amount due as a cost for collection as prescribed in RCW 15.65.440.
[Statutory Authority: RCW 15.65.050. 97-17-096, § 16-532-110, filed 8/20/97, effective 9/20/97. Statutory Authority: Chapter 15.65 RCW. 92-09-068, § 16-532-110, filed 4/14/92, effective 5/15/92; Regulation 1, filed 10/16/64.]
(2) "Custom processing" reports - A report on all hops processed but not sold will be submitted to the commission by the custom processor on the form prescribed by the commission.
[]
(a) A three-digit grower number will be assigned by the Washington hop commodity board (commission) prior to the annual harvest.
(b) The first marking will consist of the last digit of the crop year, the letter "G" and a hyphen, followed by the three-digit grower number and lot designation (example: 8G-000-01).
(c) The first marking shall be affixed on the head or top of the bale and shall be in characters approximately two inches high.
(d) The second marking will consist of the hop variety,
utilizing ((the following)) a two-letter abbreviation((s:)).
A list of approved two-letter abbreviations will be approved
annually by the Washington state hop commodity board.
((AQ - Aquila
BA - Banner
BG - Brewer's Gold
CA - Cascade
CN - Centennial
CE - Chelan
CH - Chinook
CL - Cluster
CS - Columbus
CR - Crystal
ER - Eroica
EX - Experimental
FU - Fuggle
GA - Galena
GO - Golding
HA - Hallertauer
HE - Hersbrucker
LI - Liberty
MG - Magnum
MH - Mt. Hood
NB - Northern Brewer
NU - Nugget
OL - Olympic
OT - Other
SA - Saaz
SP - Spalter
SY - Symphony
PE - Perle
TE - Tettnanger
UL - Ultra
VA - Vanguard
WI - Willamette))
(e) The second marking shall be affixed immediately below the first marking on the head or top of the bale, and shall be in characters approximately two inches high.
(2) In addition to any other brands, labels, stencils or other marks customarily used by hop handlers to identify their own trademarks, labels or firm names, all baled hops shall be branded, labeled, stenciled or marked with one distinctive identifying marking, defined or designated by the hop commodity board (commission), which shall identify the hops as having been grown in the state of Washington.
(a) This mark or identification shall be stenciled in letters at least one inch in height and shall read: "WASHINGTON," or "GROWN IN WASHINGTON," as prescribed by the hop commodity board (commission).
(b) This mark or identification shall be affixed in a suitable position on the head or top of the bale, in the area generally used by the federal/state inspectors to stencil their own identification mark and in the same general area where the grower's "G" number and variety identification are applied.
(c) At no time shall the ((said)) identification marking
appear on the face or sides of the bales, as these areas are
considered to be for the use of the dealer or handler for
trademarks, shipping markings, bale numbers, firm insignias,
etc.
(d) The approved identification marking shall be affixed
by the federal/state inspector prior to the drawing of samples
for federal/state inspection, and, no hops may be sampled for
this purpose unless ((said)) the markings have been affixed
thereto in compliance with the regulations prescribed by the
hop commodity board (commission).
(e) Handlers who offer hops for sale in foreign countries where only shipping markings are permitted on the bales or containers, may apply to the hop commodity board (commission) for permission to blot out or remove the identifying marking.
[Statutory Authority: RCW 15.65.050. 97-17-096, § 16-532-120, filed 8/20/97, effective 9/20/97; 95-17-118 (Order 5077), § 16-532-120, filed 8/23/95, effective 9/23/95. Statutory Authority: RCW 15.65.280 and WAC 16-532-020 10K [(10)(k)]. 93-09-014, § 16-532-120, filed 4/13/93, effective 5/14/93. Statutory Authority: RCW 15.65.380. 88-13-050 (Resolution No. 88-01), § 16-532-120, filed 6/10/88; Regulation 2, filed 10/16/64.]
The following sections of the Washington Administrative Code are repealed:
| WAC 16-532-101 | Promulgation. |