WSR 07-16-084

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed July 30, 2007, 11:03 a.m. , effective August 30, 2007 ]


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

Purpose: The department amended chapter 16-390 WAC, WSDA fruit and vegetable inspection districts, inspection fees and other charges, to increase the fee related to the United States Department of Agriculture audit verification program and to make minor changes to increase clarity. WAC 16-390-240 is amended to more clearly define the fresh produce audit verification program. WAC 16-390-242 is amended to increase the hourly rate to $75.00 per hour for audit-based services. United States Department of Agriculture, Agricultural Marketing Service, Fruit and Vegetable Programs, Fresh Products Branch changed its hourly audit fee for good agricultural practices and good handling practices to $75.00 per hour. The cooperative agreement between the United States Department of Agriculture, Agricultural Marketing Service and Washington state department of agriculture states that WSDA will not charge less than USDA for the same services.

Citation of Existing Rules Affected by this Order: Amending WAC 16-390-240 and 16-390-242.

Statutory Authority for Adoption: Chapters 15.17 and 34.05 RCW.

Adopted under notice filed as WSR 07-06-046 [07-10-113] on March 1 [May 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.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 30, 2007.

Valoria Loveland

Director

OTS-9726.1


AMENDATORY SECTION(Amending WSR 04-11-078, filed 5/18/04, effective 6/18/04)

WAC 16-390-240   What is the fresh produce audit verification program?   The fresh produce audit verification program is a federal-state inspection service program that reviews and verifies a participating company's facility and agronomic practices, along with its documented procedures, to help determine if "good agricultural practices" and "good handling practices" are maintained.

[Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25. 04-11-078, 16-390-240, filed 5/18/04, effective 6/18/04.]


AMENDATORY SECTION(Amending WSR 04-11-078, filed 5/18/04, effective 6/18/04)

WAC 16-390-242   What charges does the department assess for fruit and vegetable audit verification certificates issued under the fresh produce audit verification program?   Charges assessed by the department for good agricultural practices (GAP) and good handling practices (GHP) audit verification certificates issued under the fresh produce audit verification program are as follows:

(1) The hourly rate for audit time, administration time and applicable travel time is ((charged at the hourly rate established by USDA/AMS/FPB/FVP the Schedule of Fees for Fresh Fruit and Vegetable Terminal Market Inspection Services, 7 CFR Part 51 Subpart 38, which became effective on January 15, 2004)) seventy-five dollars per audit hour.

(2) Mileage related to GAP and GHP audit services is charged at the rate established by the office of financial management (OFM) at the time the service was performed.

[Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25. 04-11-078, 16-390-242, filed 5/18/04, effective 6/18/04.]

Washington State Code Reviser's Office