Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-20-090.

     Title of Rule: WAC 16-303-340 Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum and small grains.

     Purpose: This proposal is intended to assure that fees charged for Washington Crop Improvement Association services are sufficient to recover operating costs. Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum and small grains would be increased by the Office of Financial Management (OFM) fiscal growth rate factor for fiscal year 2004 (3.20%).

     Statutory Authority for Adoption: Chapter 34.05 RCW and RCW 15.49.370(3) and 15.49.310.

     Statute Being Implemented: RCW 15.49.370(3).

     Summary: The Washington State Department of Agriculture (WSDA) proposes increasing seed certification fees in WAC 16-303-340 by the OFM 2004 fiscal growth rate factor of 3.20%.

     Reasons Supporting Proposal: The proposed fee increases are necessary to help offset inflationary increases in the cost of operating that portion of the seed certification program delegated to the Washington State Crop Improvement Association by the WSDA director.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Victor Shaul, Operations Manager, Yakima, (509) 225-2630.

     Name of Proponent: Washington State Crop Improvement Association, private.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: WAC 16-303-340 Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum and small grains. The proposed fee increases are intended to assure that fees charged for Washington State Crop Improvement Association services are sufficient to recover operating costs. Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean and small grains would be increased by the OFM fiscal growth rate factor for fiscal year 2004 (3.20%).

     Proposal Changes the Following Existing Rules: The proposal increases the fees in WAC 16-303-340 by the allowable OFM fiscal growth rate factor for fiscal year 2004 (3.20%).

     No small business economic impact statement has been prepared under chapter 19.85 RCW. WSDA concludes that the proposed increases in current fees, based upon the OFM fiscal growth rate factor, do not impose a "more than minor cost" on the seed industry and, therefore, a small business economic impact statement is not required according to RCW 19.85.030 (1)(a).

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

     Hearing Location: Washington State Department of Agriculture, 21 North First Avenue, Suite 103, Conference Room, Yakima, WA 98902, on January 27, 2004, at 11:00 a.m.

     Assistance for Persons with Disabilities: Contact agency receptionist by calling TDD (360) 902-1996 or (360) 902-1976.

     Submit Written Comments to: George Huffman, Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2085, by 5 p.m., January 27, 2004.

     Date of Intended Adoption: February 24, 2004.

December 11, 2003

Robert W. Gore

Assistant Director

OTS-6797.1

AMENDATORY SECTION(Amending WSR 03-06-005, filed 2/20/03, effective 3/23/03)

WAC 16-303-340   Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum and small grains.   (1) Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum and small grains are as follows:

(a) Application fee per variety per grower . . . . . . . . . . . .	$((20.02)) 20.66
(b) Field inspection fee per acre except millet and hybrid sorghum . . . . . . . . . . . .	$((2.78)) 2.86
(c) Millet - first acre . . . . . . . . . . . .	$((29.78)) 30.73
- each additional acre . . . . . . . . . . . .	$((5.94)) 6.13
(d) Hybrid sorghum - first acre . . . . . . . . . . . .	$((29.78)) 30.73
- each additional acre . . . . . . . . . . . .	$((11.90)) 12.28
(e) Special field inspection fee per acre . . . . . . . . . . . .	$((2.37)) 2.44
(f) Late application fee . . . . . . . . . . . .	$((18.76)) 19.36
(g) Reinspection fee . . . . . . . . . . . .	$((37.56)) 38.76
minimum for each field which did not pass field inspection plus $ ((0.41)) 0.42 for each acre over twenty-five. The reinspection fee for isolation requirements only for a field of any size is $ ((37.56)) 38.76.
(h) Final certification fee . . . . . . . . . . . .	$((0.235)) 0.240
per cwt. of clean seed sampled, which is charged to conditioning plant, or production fee . . . . . . . . . . . .	$0.105
per cwt. of production from fields inspected which is utilized for seed, which is charged to the grower or the final seller prior to brokerage, retail sale, sale to plant not approved for conditioning certified seed, or transshipment out-of-state.
(i) Sampling fee . . . . . . . . . . . .	$0.105
per cwt. of clean seed sampled, with minimum charge of ten dollars per sample, which is charged to conditioning plant in lieu of mechanical sampling.

     (2) A field may be withdrawn upon notification by the applicant to the certifying agency's office before field inspection. In such case, the field inspection fee is refunded upon request until June 30 of the year following harvest.

     (3) Harvest before field inspection causes forfeitures of both the application and field inspection fees, and completion of certification.

[Statutory Authority: RCW 15.49.310, 15.49.370(3) and chapter 34.05 RCW. 03-06-005, § 16-303-340, filed 2/20/03, effective 3/23/03; 02-05-082, § 16-303-340, filed 2/20/02, effective 3/23/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, § 16-303-340, filed 12/6/00, effective 1/6/01.]

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