WSR 07-08-079

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed April 2, 2007, 11:16 a.m. , effective May 3, 2007 ]


Effective Date of Rule: Thirty-one days after filing.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Because the proposal relates to raising the ceiling on current mandatory assessments, after public hearing the proposal went to a referendum vote of affected parties. The outcome of the referendum vote favored the raising of the ceiling on the assessments for wineries and grape growers.

Purpose: The Washington wine commission petitioned the Washington state department of agriculture to proceed with a proposal to increase the ceiling, or top range, of the winery and grape grower mandatory assessment rate. Subsequently, a public hearing and referendum were conducted according to statutory authority.

Citation of Existing Rules Affected by this Order: Amending WAC 16-575-015.

Statutory Authority for Adoption: RCW 15.88.110 and 66.24.215.

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 07-04-073 on February 2, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: April 2, 2007.

Valoria H. Loveland

Director

OTS-9297.1


AMENDATORY SECTION(Amending WSR 99-12-104, filed 6/2/99, effective 7/3/99)

WAC 16-575-015   Rate of assessment -- Method of adjustment -- Notice.   (1) Beginning on July 1, ((1999)) 2007, the assessment rate for vinifera grapes grown in this state shall not be less than three dollars per ton nor more than ((six)) twelve dollars per ton. The assessment rate for wine producers shall not be less than $0.02 per gallon nor more than $((0.04)) 0.08 per gallon. The Washington wine commission may adjust the assessment amount levied on wine producers and grape growers as needed to fund necessary commission activities. Provided, that any adjustment in the assessment rate by the commission be levied in an equal and proportional manner upon both the wine producers and grape growers. In determining whether to adjust the assessment amount the commission shall consider the following factors:

(a) The commission's budgetary needs, including but not limited to a qualitative and quantitative review of programs carried out in the preceding year by the commission. This review should consider whether the program met its goals, benchmarks and objectives and whether the program constitutes the best use of the wine commission's finite resources;

(b) Projected grape production;

(c) Changes in administrative costs;

(d) Changes in the industry outside the control of the wine commission.

(2) The commission shall provide grape growers and wine producers notice of changes in assessment rates in a timely and reasonable manner and in no instance shall the notice be less than thirty days from the date the assessment is due.

[Statutory Authority: Chapter 15.88 RCW and 1997 c 303. 99-12-104, 16-575-015, filed 6/2/99, effective 7/3/99.]

Washington State Code Reviser's Office