Purpose: The purpose of the adopted amendments to WAC 16-250-155 and 16-252-155 is to increase tonnage fees for commercial feed and pet food/specialty pet food from nine cents per ton to twelve cents per ton in order to help reduce a feed program funding deficit. The feed program is funded entirely from fees (registration fees, license fees and inspection fees). The three-cent/ton increase that the department is adopting will not completely address the feed program funding deficit, but it will give the department and its feed advisory committee sufficient time to address long-term program funding needs and solutions. Note: Section 309(2), chapter 25, Laws of 2003 1st sp.s. (ESSB 5404) authorizes the department to adopt fee increases that exceed the Office of Financial Management (OFM) fiscal growth rate factor.

     Citation of Existing Rules Affected by this Order: Amending WAC 16-250-155 and 16-252-155.

     Statutory Authority for Adoption: Chapter 15.53 RCW, chapter 25, Laws of 2003 1st sp.s. (ESSB 5404).

     Other Authority: Chapter 34.05 RCW.

      Adopted under notice filed as WSR 04-11-093 on May 19, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

     Date Adopted: July 6, 2004.

William E. Brookreson

for Valoria H. Loveland

Director

OTS-7231.1

AMENDATORY SECTION(Amending WSR 03-23-128, filed 11/19/03, effective 7/1/04)

WAC 16-250-155   Tonnage fee requirements.   Each initial distributor of commercial feed in or into Washington state must pay the department an inspection fee of ((nine)) twelve cents per ton on all commercial feed they sold during the year. The minimum inspection fee, the late penalty fee, and exceptions to payment of the fee are as authorized in RCW 15.53.9018.

[Statutory Authority: Chapters 15.53 and 34.05 RCW. 03-23-128, § 16-250-155, filed 11/19/03, effective 7/1/04.]

OTS-7232.1

AMENDATORY SECTION(Amending WSR 03-23-129, filed 11/19/03, effective 7/1/04)

WAC 16-252-155   Tonnage fee required.   Each initial distributor of a pet food or specialty pet food in or into Washington state must pay the department an inspection fee of ((nine)) twelve cents per ton on all pet food or specialty pet food they sold, for distribution within Washington state, during the year. The minimum inspection fee, the late penalty fee, and exceptions to payment of the fee are as authorized in RCW 15.53.9018.

[Statutory Authority: Chapters 15.53 and 34.05 RCW. 03-23-129, § 16-252-155, filed 11/19/03, effective 7/1/04.]

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