WSR 08-24-114

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed December 3, 2008, 10:05 a.m. ]

Subject of Possible Rule Making: Amend WAC 16-461-010 Inspection certificate and/or permit required, by removing of the mandatory certification and twenty-one day recertification of Red Delicious and Delicious varieties and making any amendments that are necessary to update the chapter and make it more usable.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 15.17 RCW, Standards of grades and pack, specifically RCW 15.17.030 Enforcement -- Director's duties -- Rules; and chapter 34.05 RCW, Administrative Procedure Act.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Grade standards imposed by retail buyers and the desire by the shippers to comply with those standards makes the mandatory certification and recertification of Red Delicious and Delicious varieties of apples in rule unnecessary.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Washington state department of agriculture staff members will develop the rule proposal. Industry representatives may review and comment on the proposed rule amendments and interested parties can participate in the public hearing and comment process, the dates of which will be announced when the agency files the rule proposal 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.

November 24, 2008

Dennis Hannapel

Assistant Director

Commodity Inspection Division

Washington State Code Reviser's Office