WSR 07-23-095

PERMANENT RULES

DAIRY PRODUCTS COMMISSION


[ Filed November 20, 2007, 10:49 a.m. , effective January 1, 2008 ]


Effective Date of Rule: January 1, 2008.

Purpose: The purpose of this rule amendment is to increase the amount of the maximum authorized assessment rate on milk produced in Washington state as allowed under RCW 15.44.080(2) by adding an additional assessment of three-eighths (0.00375) of one cent per hundredweight. This increased assessment is needed to more effectively carry out the powers, duties, and purposes of the Washington dairy products commission under RCW 15.44.060 and 15.44.080(2). These activities include the following: To participate in federal and state agency hearings, meetings and other proceedings in relation to the regulation of the production, manufacture, distribution, sale or use of dairy products; to develop and engage in research for developing better and more efficient production, marketing, and utilization of agricultural products; and, to protect the interests of consumers by assuring a sufficient pure and wholesome supply of milk and cream of good quality.

Citation of Existing Rules Affected by this Order: Amending WAC 142-30-010.

Statutory Authority for Adoption: RCW 15.44.060, 15.44.130, 15.44.080(2).

Adopted under notice filed as WSR 07-14-041 on June 27, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: November 19, 2007.

Steve Matzen

General Manager

OTS-9788.3


AMENDATORY SECTION(Amending WSR 01-21-054, filed 10/16/01, effective 1/1/02)

WAC 142-30-010   Declaration of purpose -- Effective date.   To effectuate the purposes of chapter 15.44 RCW there is hereby levied upon all milk produced in this state an assessment of:

(1) 0.75 percent of the Class I price for 3.5% butterfat milk, as established in any market area by a market order in effect in that area or by the state department of agriculture in case there is no market order for that area; or

(2) While the Federal Dairy and Tobacco Adjustment Act of 1983, Title I, Subtitle B-Dairy Promotion Program, is in effect:

(a) An assessment rate not to exceed the rate approved at the most recent referendum that would achieve a ten cent per hundredweight credit to local, state or regional promotion organizations provided by Title I, Subtitle B of the Federal Dairy and Tobacco Adjustment Act of 1983; and

(b) An additional assessment of .00625 (five-eights of one cent) per hundredweight; and

(3) An additional assessment of .00375 (three-eights of one cent) per hundredweight as allowed under RCW 15.44.080(2) and the referendum dated March 24, 1983.

[Statutory Authority: RCW 15.44.060(1), 15.44.130, 15.44.080. 01-21-054, 142-30-010, filed 10/16/01, effective 1/1/02. Statutory Authority: RCW 15.44.130. 85-15-003 (Order 85-4), 142-30-010, filed 7/5/85. Statutory Authority: Chapter 15.44 RCW. 83-08-019 (Order 83-2), 142-30-010, filed 3/29/83; Order 2-76, 142-30-10 (codified as WAC 142-30-010), filed 11/15/76, effective 1/1/77.]

Washington State Code Reviser's Office