WSR 10-04-044

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed January 28, 2010, 7:10 a.m. ]

Title of Rule and Other Identifying Information: Repeal WAC 16-528-002 Director's final decision approving a marketing order, 16-528-004 Marketing order for Washington wheat -- Policy statement, 16-528-005 Marketing order purpose, 16-528-010 Definitions, 16-528-020 Wheat commission -- Structure -- Powers, duties -- Procedure, 16-528-040 Assessments and collection, 16-528-050 Effective time, 16-528-060 Separability, 16-530-005 Marketing order for Washington barley -- Policy statement, 16-530-006 Marketing order purposes, 16-530-010 Definition of terms, 16-530-020 Barley commission, 16-530-040 Assessments and collection, 16-530-050 Effective time, and 16-530-060 Separability.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kelly Frost, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560 , AND RECEIVED BY April 6, 2010.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Repeals marketing orders for the wheat and barley commissions.

Reasons Supporting Proposal: SHB 1254, chapter 33, Laws of 2009 (later codified as chapter 15.115 RCW) replaced the wheat commission and barley commission with the Washington grain commission. On August 14, 2009, the grain commission certified to the director, department of agriculture that the transition from the wheat and barley commissions to the grain commission had been completed. Per RCW 15.115.130(5), "... The Washington wheat commission and Washington barley commission cease to exist as of the date that certification is received by the director. Once the director has received the certification, the director is authorized and shall take action to repeal the marketing orders addressing wheat or barley."

Statutory Authority for Adoption: RCW 15.115.130, chapter 34.05 RCW.

Statute Being Implemented: RCW 15.115.130.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington grain commission, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kelly Frost, P.O. Box 42560, Olympia, WA 98504-2560, (360) 902-1802.

January 28, 2010

Dan Newhouse

Director

OTS-2926.2


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 16-528-002 Director's final decision approving a marketing order.
WAC 16-528-004 Marketing order for Washington wheat -- Policy statement.
WAC 16-528-005 Marketing order purposes.
WAC 16-528-010 Definitions.
WAC 16-528-020 Wheat commission -- Structure -- Powers, duties -- Procedure.
WAC 16-528-040 Assessments and collection.
WAC 16-528-050 Effective time.
WAC 16-528-060 Separability.

OTS-2927.2


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 16-530-005 Marketing order for Washington barley -- Policy statement.
WAC 16-530-006 Marketing order purposes.
WAC 16-530-010 Definition of terms.
WAC 16-530-020 Barley commission.
WAC 16-530-040 Assessments and collection.
WAC 16-530-050 Effective time.
WAC 16-530-060 Separability.

Washington State Code Reviser's Office