PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: The department, based on a petition for rule making, will solicit comments on the petitioner's proposal to amend chapter 16-403 WAC to allow the shipping of certified organically grown apples from Washington state during the period April 1 to September 1 of each marketing year without being required to meet Washington state apple pressure standards.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 15.17 RCW, Standards of grades and packs; and chapter 34.05 RCW, Administrative Procedure Act.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The petitioner's requested rule amendment would create separate minimum firmness standards for certified organic Red Delicious and Delicious varieties under certain circumstances.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington State Department of Agriculture (WSDA) is the only agency that regulates the subject of the petition. If the department decides, based upon the response to this CR-101, to undertake rule making it will communicate with other appropriate agencies regarding proposed rule language, public hearing dates, adoption dates, etc.
Process for Developing New Rule: Based upon comments received in response to this CR-101, the department will determine whether or not to proceed with rule making. If the department decides to go forward with the rule-making process, the WSDA fruit and vegetable inspection program staff will develop proposed rule language. When proposed rule language is developed, interested parties will be able to comment on it by submitting written comments to the department or giving oral comments at the public hearing. Public hearing dates will be announced when a CR-102 is filed with the code reviser.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jim Quigley, Program Manager, Fruit and Vegetable Inspection Program, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1833, fax (360) 902-2085, e-mail jquigley@agr.wa.gov.
August 19, 2004
William E. Brookreson
Deputy Director