WSR 14-06-044 PERMANENT RULES DEPARTMENT OF AGRICULTURE [Filed February 26, 2014, 10:19 a.m., effective March 29, 2014] Effective Date of Rule: Thirty-one days after filing.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The amendment to the marketing order (chapter 16-532 WAC) was approved in a referendum of affected hop producers pursuant to RCW 15.65.170.
Purpose: Changes the unit of measure for an "affected unit" is changed from two hundred pounds to one pound. The assessment rate is changed to $0.0125 per "affected unit." This represents an increase of twenty-five percent in the current assessment rate.
The hop commission board determined that an increase in the assessment rate is necessary for the board to remain solvent in light of declining crop production and will allow the commission to continue to carry out their mandated mission.
Citation of Existing Rules Affected by this Order: Amending WAC 16-532-010 and 16-532-040.
Adopted under notice filed as WSR 13-21-017 on October 7, 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 2, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: February 26, 2014.
Don R. Hover
Director
AMENDATORY SECTION (Amending WSR 05-15-098, filed 7/15/05, effective 8/15/05)
WAC 16-532-010 Definitions.
For the purpose of this marketing order:
(1) "Director" means the director of agriculture of the state of Washington or his duly appointed representative.
(2) "Department" means the department of agriculture of the state of Washington.
(3) "Act" means the Washington State Agricultural Enabling Act of 1961 or chapter 15.65 RCW.
(4) "Person" means any person, firm, association or corporation.
(5) "Affected producer" or "producer" means any person who produces hops in commercial quantities in the state of Washington.
(6) "Commercial quantity" means any hops produced for market by a producer in any calendar year.
(7) "Handler" means any person who acts as principal or agent or otherwise in processing, selling, marketing, or distributing hops not produced by him.
(8) "Hop commodity board" hereinafter referred to as "board" means the commodity board formed under the provisions of WAC 16-532-020.
(9) "Hops" means and includes all kinds and varieties of "humulus lupulus" grown, picked and dried in the state of Washington, whether loose, packaged or baled and all oils, extracts and/or lupulin derived therefrom.
(10) "Processed" means and includes all hops which are converted into pellets, extracts, oils, lupulin, and/or other forms, including hops which are frozen in undried form, but excluding whole, dried hop cones, whether loose or baled.
(11) "Marketing season" means the twelve month period beginning with January 1 of any year and ending December 31, both dates being inclusive.
(12) "Producer-handler" means any person who acts both as a producer and as a handler with respect to hops. A producer-handler shall be deemed to be a producer with respect to the hops which he produces and a handler with respect to the hops which he handles, including those produced by himself.
(13) "Affected area" means the state of Washington.
(14) "Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter or trade.
(15) "Affected unit" means ((two hundred)) one pound((s)) net of hops, or the amount of lupulin, extract or oil produced from ((two hundred)) pound((s)) net of hops.
AMENDATORY SECTION (Amending WSR 08-15-039, filed 7/10/08, effective 8/10/08)
WAC 16-532-040 Assessments and collections.
(1) Assessments.
(a) The annual assessment on all varieties of hops shall be ((up to two dollars and fifty cents)) $0.0125 per affected unit, as approved by referendum vote of affected producers((, the results of which shall be retained on file in the board's administrative office)).
(b) For the purpose of collecting assessments the board may:
(i) Require handlers to collect producer assessments from producers whose production they handle, and remit the same to the board; or
(ii) Require the person subject to the assessment to give adequate assurance or security for its payment; or
(iii) Require the person subject to the assessment to remit assessments for any hops which are processed prior to the first sale; or
(iv) Require the person subject to the assessment to remit an inventory report for any hops which are not processed or sold prior to December 31 of the year in which they are produced.
(c) Subsequent to the first sale or processing, no affected units shall be transported, carried, shipped, sold, marketed, or otherwise handled or disposed of until every due and payable assessment herein provided for has been paid and the receipt issued. The foregoing shall include all affected units shipped or sold, both inside and outside the state.
(2) Collections. Any moneys collected or received by the board pursuant to the provisions of the order during or with respect to any season or year may be refunded on a pro rata basis at the close of such season or year or at the close of such longer period as the board determines to be reasonably adapted to effectuate the declared policies of this act and the purposes of such marketing agreement or order, to all persons from whom such moneys were collected or received or may be carried over into and used with respect to the next succeeding season, year or period whenever the board finds that the same will tend to effectuate such policies and purposes.
(3) Penalties. Any due and payable assessment herein levied in such specified amount as may be determined by the board pursuant to the provisions of the act and the order, shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the board when payment is called for by it. In the event any person fails to pay the board the full amount of such assessment or such other sum on or before the date due, the board may, and is hereby authorized to add to such unpaid assessment or sum an amount not exceeding ten percent of the same to defray the cost of enforcing the collecting of the same. In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the board may bring a civil action against such person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.
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