WSR 10-17-042

PROPOSED RULES

BEEF COMMISSION


[ Filed August 11, 2010, 7:21 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-13-119.

Title of Rule and Other Identifying Information: Washington Beef Commission Act rules, WAC 60-12-010 Levy of assessment and new section WAC 60-12-020 Collection of assessment.

Hearing Location(s): Washington Cattlemen's Association, 1301 North Dolarway Road, Ellensburg, WA 98926, on September 28, 2010, at 11:30 a.m.; and at the Washington State Department of Agriculture, Natural Resources Building, Conference Room 259, 1111 Washington Street S.E., Olympia, WA 98504, on September 29, 2010, at 9:00 a.m.

Date of Intended Adoption: October 15, 2010.

Submit Written Comments to: Kelly Frost, P.O. Box 42560, Olympia, WA 98504-2560, e-mail kfrost@agr.wa.gov, fax (360) 902-2092, by 5:00 p.m., on September 30, 2010.

Assistance for Persons with Disabilities: Contact WSDA receptionist by September 10, 2010, TTY 1-800-833-6388 or (360) 902-1976.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The change will align the assessment rate found in WAC 60-12-010 with the rates listed in RCW 16.67.120 and 16.67.122, which is the accurate amount currently being assessed. The change will also ensure consistency with the federal Beef Promotion Act and clarify when assessments are to be collected. WAC 60-12-020 Collection of assessments, sets forth the procedures for collecting state-authorized assessments as described in RCW 16.67.120, 16.67.122 and 16.67.130 including penalties for past due assessments.

Reasons Supporting Proposal: Clarifies the amount of the assessment, under what circumstances it is collected, when assessments are due and the consequences of not paying assessments when due.

Statutory Authority for Adoption: Chapters 16.67 and 34.05 RCW, and RCW 43.17.240.

Statute Being Implemented: Chapter 16.67 RCW.

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

Name of Proponent: [Department of agriculture], governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Patti Brumbach, 14240 Interurban Avenue South, #224, Seattle, WA 98169, (206) 444-2902.

No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires an agency to prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on the business in an industry. The proposed change would not impose "more than minor impact" upon the regulated industry and, in fact, some producers would realize a cost savings by not having to pay an assessment under certain conditions.

A cost-benefit analysis is not required under RCW 34.05.328. The Washington beef commission is not a listed agency under RCW 34.05.328 (5)(a)(i).

August 11, 2010

Patti Brumbach

Executive Director

OTS-3479.1


AMENDATORY SECTION(Amending WSR 95-10-097, filed 5/3/95, effective 6/3/95)

WAC 60-12-010   Levy of assessment.   (1) Pursuant to the National Beef Promotion and Research Program, 7 USC S 2901, et seq., RCW 16.67.120 and 16.67.122, the Washington state beef commission levies an assessment of one dollar and fifty cents per head on all Washington cattle sold in this state or elsewhere, provided that no assessment shall be collected with reference to the following:

(a) Sales by a person who purchased cattle solely for resale when such resale occurs within ten days from such person's purchase of the cattle and when any assessment due in connection with that original purchase has been paid. In order to qualify for this exception, such persons additionally must present ((a)) the designated collecting person with their certification of ((their)) nonproducer status ((under this section)) form, along with a brand inspection certificate, a bill of sale or other documentation establishing the date of their purchase of the cattle. Such documentation must be presented at the time of sale to the ((person responsible for collecting the assessment)) designated collection person.

(b) Sales of cattle where the cattle that have been transported into Washington from another state for the purpose of sale and the sale takes place within thirty days of the cattle entering the state.

(2) Assessments shall be paid by and shall be collected from the seller of the cattle. The term seller shall not include an agent or representative who is compensated in connection with the sale solely on a commission, handling fee or other service fee basis.

(3)(a) A designated collecting person is defined as either a state department of agriculture brand inspector where a brand inspection is conducted in conjunction with a sale or the buyer of the cattle where no brand inspection is conducted in connection with the sale.

(b) Where a brand inspection is conducted in conjunction with a sale, brand inspectors employed by the state department of agriculture may collect the assessment from the seller of the cattle. Where no brand inspection is conducted in connection with the sale, the buyer of the cattle shall collect the assessment from the cattle seller at the time of the sale. All assessments so collected shall be transmitted directly to the Washington state beef commission by the fifteenth of the month after the month of collection.

(4) That portion of each assessment remitted to the Washington state beef commission for purposes of providing funds for a National Beef Promotion and Research Program under 7 USC S 2901, et seq.((, and RCW 16.67.122)) shall be remitted to the cattlemen's beef promotion and research board by the Washington state beef commission.

[Statutory Authority: RCW 16.67.090(4) and 16.67.122. 95-10-097, 60-12-010, filed 5/3/95, effective 6/3/95. Statutory Authority: RCW 16.67.120 and 16.67.122. 87-01-013 (Order 1912), 60-12-010, filed 12/9/86; Order 1527, 60-12-010, filed 5/11/77, effective 7/1/77.]


NEW SECTION
WAC 60-12-020   Collection of assessment.   (1) Collection of the federal beef check-off assessment shall be accomplished as set forth in the Beef Promotion and Research Act of 1985, 7 USC 2901-11 and the federal Beef Promotion and Research Order, 7 C.F.R. 1260.301 - 1260.316 (Subpart B), referred to in chapter 16.67 RCW as "the federal order."

(2) Procedures for collecting state-authorized assessments are not covered by the federal order and shall be as set forth in RCW 16.67.120(2), 16.67.122, 16.67.130 and this rule.

(3) All state-authorized assessments levied under chapter 16.67 RCW shall be due and payable on the 15th day of the month following the month in which the assessed transaction occurred.

(4) Pursuant to RCW 16.67.130, in the event a person who owes a state-authorized assessment fails to pay the full amount within the time set forth in subsection (3) of this section, the commission is authorized to and shall add an amount of ten percent to the unpaid assessments to defray the cost of collecting the assessment.

(5) Interest at the rate of one percent per month shall accrue on past due assessments pursuant to RCW 43.17.240, starting on the date the assessment became past due.

(6) The commission may assign past due assessments to a state-contracted collection agency to pursue collection. Under RCW 19.16.500, at least thirty days prior to assigning a past due assessment to a collection agency, the commission shall attempt to advise the person who owes the assessment of the existence of the debt and that the debt may be assigned to a collection agency for collection if the debt is not paid.

(7) The commission may bring a civil action under RCW 16.67.130 against any person who owes a past due state-authorized assessment in a state court of competent jurisdiction for the collection thereof, together with ten percent late fee, interest from the date the debt became past due and any other necessary reasonable costs including attorney's fees.

(8) Any civil action for the collection of past due assessments may be combined with an action to collect any past due Washington state department of agriculture brand inspection fees imposed under chapter 16.57 or 16.65 RCW or 16-610 WAC when owed from the same person.

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Washington State Code Reviser's Office