WSR 14-19-125 PROPOSED RULES DEPARTMENT OF AGRICULTURE [Filed September 17, 2014, 11:19 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-14-013.
Title of Rule and Other Identifying Information: Chapter 16-390 WAC, WSDA fruit and vegetable inspection districts, inspection fees and other charges.
Hearing Location(s): Confluence Technology Center, Teanaway Room, 285 Technology Center Way, Suite 102, Wenatchee, WA 98801, on November 4, 2014, at 11:00 a.m.; and at the Department of Agriculture, Conference Room 238, 21 North 1st Avenue, Yakima, WA 98902, on November 5, 2014, at 11:00 a.m.
Date of Intended Adoption: December 1, 2014.
Submit Written Comments to: Teresa Norman, 1111 Washington Street S.E., P.O. Box 42560, Olympia, WA 98504-2560, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2092, by 5:00 p.m., on November 4, 2014.
Assistance for Persons with Disabilities: Contact the agency receptionist by October 28, 2014, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rules on this subject will be amended to simplify the existing fee structure for fruit and vegetable inspections to make it easier for both industry and program staff to understand, and to reflect the current cost of providing these inspections and other services.
Reasons Supporting Proposal: The proposed fee increases in the current hundredweight (CWT) and hourly rates for fresh fruit and vegetable inspection are needed to maintain the current level of service to industry. This proposal creates the same fee structure for all fruit and vegetable industry commodities and provides a clearly defined fee structure for each level of service for in-state processing potatoes.
Statutory Authority for Adoption: For WAC 16-390-230 is RCW 15.17.140(2), 17.24.131 and chapter 34.05 RCW; all other sections are RCW 15.17.050 and chapter 34.05 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: Ken Shank, 270 9th Street N.E., Suite 101-A, East Wenatchee, WA 98802, (509) 662-6161; Implementation: Karen Cozzetto, 21 North 1st Avenue, Suite 226, Yakima, WA 98902, (509) 225-6900; and Enforcement: Chuck Dragoo, 21 North 1st Avenue, Suite 226, Yakima, WA 98902, (509) 225-6900.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Small Business Economic Impact Statement
SUMMARY OF PROPOSED RULES: The Washington state department of agriculture fruit and vegetable inspection program is proposing to amend chapter 16-390 WAC.
The purpose of this chapter is to define the department's fruit and vegetable districts, and to outline inspection fees and other charges. The fees and other charges in this chapter are set at a level to ensure cost recovery for the individual service rendered.
The proposed amendments to this chapter include:
SMALL BUSINESS ECONOMIC IMPACT STATEMENT (SBEIS): Chapter 19.85 RCW, the Regulatory Fairness Act, requires an analysis of the economic impact that proposed rules will have on regulated businesses. Preparation of an SBEIS is required when proposed rules will impose more than minor costs on businesses.
"Minor cost" means a cost that is less than one percent of annual payroll or the greater of either 0.3 percent of annual revenue or one hundred dollars.
"Small business" means any business entity that is owned and operated independently from all other businesses and has fifty or fewer employees.
INDUSTRY ANALYSIS: The fruit and vegetable inspection program is responsible for certification of fruits and vegetables grown, packed, or shipped from the state of Washington and phytosanitary inspection for the export of fruits and vegetables.
A small business economic impact assessment survey was sent electronically to the fruit and vegetable businesses to analyze the economic impact of proposed rules on small businesses. The department provided in-person, one-on-one customer outreach to explain the proposed fee increase. The outreach encompassed the entire range of fruit and vegetable inspection program customers and resulted in a revaluation of the original proposal. The proposed rule amendment will result in costs that are more than minor on some regulated businesses.
INVOLVEMENT OF SMALL BUSINESSES: A meeting was held with the fruit and vegetable inspection program's advisory board members to provide the opportunity to participate in the process and development of the proposed rule change. Customer outreach at the Washington state potato commission, Washington apple commission, state of Washington potato committee, and Wenatchee Valley Traffic Association meetings was conducted either by the program administrator or technical operation resource team (TORT) members. Additional industry outreach by TORT members in the form of one-on-one customer interviews with sixty-four individuals representing fifty-one large and small grower, packer, shipper facilities and sales agencies, covering all commodity groups was completed in June, July, and August. An informational booklet was compiled by TORT and shared with industry during these meetings.
Small businesses were involved in providing the department with the expected costs associated with the changes. Industry feedback during the outreach sessions resulted in taking a two phased approach to the proposed fees. The original proposal was to raise the hourly rate from the current $50.00 to $75.00 per hour for regular time and the current $75.00 to $112.50 for overtime hours. The CWT fee of $.17 for apples and pears, $.23 for soft fruit, $.09 for onions and $.07 for potatoes was set to increase to $.185 for all commodities. These proposed fees would have gone into effect on or before January 2015. After industry engagement, the program decided to modify the proposed hourly rate from the current $50.00 to $65.00 per hour for regular time and the current $75.00 to $97.50 for overtime hours. The CWT fee of $.17 for apples and pears, $.23 for soft fruit, $.09 for onions and $.07 for potatoes is now proposed to increase to $.175 for all commodities. These proposed fees would go into effect on or before January 2015. The second phase would take effect January 1, 2017, when the hourly rate is proposed to increase to $75.00 for regular hours and $112.50 for overtime hours. The hundred weight fee is proposed to go to $.185 for all commodities.
A small business economic impact assessment survey was made available to the fruit and vegetable industry through direct e-mails to current customers and all those previously interviewed and by distribution to industry organizations (Washington state potato commission, Yakima Valley Growers and Shippers Association and Wenatchee Valley Traffic Association). The survey asked questions on the impact of the proposed rule changes, providing the department with a tool to analyze the expected costs on sales and jobs associated with the proposed changes and their impact on small businesses. Nine small businesses and six large businesses returned the small business economic impact survey. The department e-mailed two reminders to all industry representatives during the survey timeframe.
COST OF COMPLIANCE: The program analyzed the cost of compliance anticipated by regulated businesses. About ten percent or one of the nine small businesses that responded indicated the fees would have an impact on cost of compliance. In the approximately fifty in-person, one-on-one company visits no cost of compliance was indicated.
RCW 19.85.040 directs agencies to analyze the costs of compliance for businesses required to comply with the proposed rule. Industry reported (with one exception):
JOBS CREATED OR LOST: Under RCW 19.85.040, agencies must provide an estimate of the number of jobs that will be created or lost as the result of compliance with the proposed rules. In collecting information from representative small businesses through a survey, the program estimates that no net jobs will be created as a result of small businesses complying with the rules. The survey respondents reported a net loss of one job for the potato companies under a combination of the hourly fee increase and the CWT fee increase, and a net loss of one job for a hazelnut company under the hourly fee increase.
In the approximately fifty in-person, one-on-one company visits, no potential loss or creation of jobs was indicated.
DISPROPORTIONATE IMPACT TO SMALL BUSINESSES: RCW 19.85.040 directs agencies to determine whether the proposed rule will have a disproportionate cost impact on small businesses by comparing the cost of compliance for small business with the cost of compliance for the ten percent of the largest businesses required to comply with the proposed rules.
When costs associated with proposed rules are more than minor, the Regulatory Fairness Act requires a comparison of the costs to small businesses with those of ten percent of the largest businesses in the regulated industry. An analysis has shown that the costs small businesses will incur to comply with the proposed rules are more than minor and are not disproportionate between small and large business entities.
The costs small businesses will incur to comply with the proposed rules are not disproportionate between small and large businesses. The CWT proposed fee increase for the potato and onion industry is large. Justification for this increase is that the cost for a department inspector is the same regardless of the commodity being inspected. Raising the fee injects equitability of inspection fees between all commodities and provides uniformity for the cost of an inspection. Inspection fees are charged at the CWT fee or the hourly rate whichever is greater. Historically, the potato and onion industry has been charged the hourly rate due to the low CWT fee under the current fee schedule.
The department determined that under the proposed rule the loss of sales or revenue will not have a disproportionate impact on small businesses. One survey response from a large business reported an estimated $20,000 in lost sales per year. No large or small business indicated a loss of sales or revenue during the department's one-on-one customer outreach.
CONCLUSION: To comply with chapter 19.85 RCW, the Regulatory Fairness Act, the fruit and vegetable inspection program has analyzed the economic impact of the proposed rules on small businesses and concluded that there will be some economic impact.
However, if the proposed fee increases were not adopted, it would have a much greater adverse affect on both small and large businesses, since it would result in a large number of inspector layoffs. Layoffs would impact the industry's ability to ship their product to market in a timely manner. Industry's ability to export commodities would be impeded as they would not be able to receive timely inspections and phytosanitary clearance for international trade, resulting in loss of sales and/or increased shipping costs.
To comply with chapter 19.85 RCW, the Regulatory Fairness Act, the fruit and vegetable inspection program has analyzed the economic impact of the proposed rules on small businesses and has concluded that the costs are more than minor and there is no disproportionate impact between small and large businesses.
Please contact Cameron Crump if you have any questions at (360) 902-1833 or ccrump@agr.wa.gov.
A copy of the statement may be obtained by contacting Cameron Crump, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1933, fax (360) 902-2085, e-mail ccrump@agr.wa.gov.
A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).
September 17, 2014
Brad Avy
Assistant Director
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-005 Definitions.
(("Certification" means the issuance of an official document confirming the inspection results for grade, classification, condition, and the absence or presence of plant pests or diseases and/or other defects.
"Customer assisted inspection program (CAIP)" means a quality and/or condition inspection performed by industry with verification and oversight by WSDA.
"Department" means the Washington state department of agriculture (WSDA).
"Director" means the director of the department or the director's designated representative.
"Grade and condition certificate" means a document issued by the director of a certification confirming the results of an inspection.
"Inspection" means a review or examination of fruits and vegetables in order to determine quality, condition, and/or presence or absence of pests or diseases and/or other defects.
"Platform inspection" means any inspection and/or certification performed on a lot that has no defined per unit charges for the service.)) "Certificate" means an official document issued by the director which reports certification results.
"Certificate of compliance" means a shipping document issued by the fruit and vegetable industry attesting that the identified fruits or vegetables are known to be in full compliance with provisions of chapter 15.17 RCW. The member of the fruit and vegetable industry issuing the certificate of compliance has the sole responsibility of fairly and accurately representing the quality and quantity of fruits and vegetables listed on the certificate of compliance.
"Certification" means the complete service performed by the director, from inspection through the issuance of any applicable documentation of the results of the inspection.
"Customer assisted inspection program (CAIP)" means a quality or condition inspection performed by industry using the United States Department of Agriculture (USDA) standards with verification and oversight by the director.
"CWT" means a hundredweight, a unit of measure equaling one hundred pounds.
"Director" means the director of the department of agriculture or the director's designated representative. As used in this chapter, WSDA refers to the director unless the context states otherwise.
"Grade and condition certificate" means an official note sheet issued by the director confirming the results of an inspection.
"Hourly fee" means the fee charged for services based on the hours documented by each WSDA inspector providing the service. Hourly fees are charged based on increments of fifteen minutes, with time rounded up or down to the next fifteen minute interval as follows: Eight minutes into a quarter hour is rounded up to the full quarter hour. Less than eight minutes into a quarter hour is rounded down and not billed.
"Inspection" means the inspection by the director of any fruits or vegetables for the purpose of certification at any time prior to, during, or subsequent to harvest.
"Inspection service notification" means customer notification to the director of any request for inspection services.
"Lot" means, unless otherwise stated in this chapter, a distinct unit of fruits or vegetables.
"Regular business hours" means the hours between 8:00 a.m. and 5:00 p.m. Pacific time Monday through Friday except state holidays.
"Shipping permit" means a shipping document issued by the director attesting that the fruits or vegetables are known to be in compliance with the provisions of chapter 15.17 RCW and this chapter.
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-010 ((Fruit and vegetable)) Inspection districts.
((The department has)) There are two fruit and vegetable inspection districts((, which are)):
(1) ((Fruit and vegetable inspection)) District two((, which)) consists of Asotin, Benton, Clark, Columbia, Cowlitz, Franklin, Garfield, Kittitas, Klickitat, Lewis, Pacific, Skamania, ((Yakima, Pacific, Lewis,)) Wahkiakum, ((Cowlitz, Clark, Benton, Franklin,)) Walla Walla, ((Columbia, Asotin,)) Whitman, and ((Garfield)) Yakima counties((; and)).
(2) ((Fruit and vegetable inspection)) District four((, which)) consists of Adams, Chelan, Clallam, Douglas, Ferry, Grant, Grays Harbor, Island, Jefferson, ((Clallam, Island, Mason,)) King, Kitsap, Lincoln, Mason, Okanogan, Pend Oreille, Pierce, San Juan, Skagit, Snohomish, Spokane, Stevens, Thurston, ((King, Snohomish, Skagit, Grant, Adams, Ferry, Pend Oreille, Stevens, Spokane, Lincoln, San Juan, Whatcom, Chelan, Douglas)) and ((Okanogan)) Whatcom counties.
NEW SECTION
WAC 16-390-015 Minimum inspection fee.
A minimum fee of one-half hour under the applicable hourly fee specified in WAC 16-390-025(1) will be charged for any inspection service.
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-020 ((Grade and condition certificates—Fruits.)) Certificate fee.
((WSDA fees for grade and condition certificates for all fruits are:
(1) A minimum charge of twenty-five dollars.
(2) The fees for federal-state or state grade and condition certificates of all fresh market apples, pears, and soft fruits in containers (wrapped, place pack, face and fill), bags, master containers, consumer packages, or loose in bulk cartons, boxes, crates, bins, or bags are listed in the following table:
(3) The department will give a volume discount for apples and pears that are inspected and certified online for domestic shipment, controlled atmosphere certification, etc. Packing of up to 4800 cwt per eight-hour shift, the normal inspection fee will be assessed, and every cwt of product above 4800 cwt for that same shift will be charged at $0.12 cwt. Platform inspection fees will still apply (WAC 16-390-200).
(4) The department charges a fee of three dollars per ton net weight (or fraction thereof) for all apples, pears, stone fruits, berries, and grapes in bulk or in containers that are inspected for processing.
(5) The department charges a fee of fifty dollars per hour, with a minimum certificate charge of twenty-five dollars, when an inspection is requested only to verify the product, conveyance, markings, or other factors not related to quality.)) There is a fee of twenty-five dollars for each certificate issued, EXCEPT that a grade and condition certificate will be issued upon completion of a certification with no additional fee beyond the applicable CWT or hourly fee.
NEW SECTION
WAC 16-390-025 Hourly inspection fee.
(1) Effective January 1, 2015, the hourly inspection fee is $65.00 per hour for regular hours and $97.50 for overtime and holiday hours for any inspection service that is not covered by CWT fees.
(2) Effective January 1, 2017, the hourly inspection fee is $75.00 per hour for regular hours and $112.50 per hour for overtime and holiday hours for any inspection service that is not covered by CWT fees.
(3) An additional fee amounting to three regular hours, plus the inspection fees for time worked, at the applicable hourly fee specified in this section will be charged when inspection service notification is not given prior to the end of normal business hours on the day preceding any weekend or holiday inspection work.
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-030 ((Grade and condition certificates—Vegetables.)) Fruit and vegetable CWT fees.
((WSDA fees for grade and condition certificates for all vegetables are:
(1) A minimum charge of twenty-five dollars.
(2) The fees for federal-state or state grade and condition certificates for all fresh market vegetables in containers (wrapped, place pack, face and fill), bags, master containers, consumer packages, or loose in bulk cartons, boxes, crates, bins, or bags are listed in the following table:
(3) For the inspection of vegetables not listed, the department charges a fee of fifty dollars per hour.
(4) The department charges a fee of three dollars per ton net weight (or fraction thereof) for the inspection of vegetables to be processed, whether in bulk or in containers.
(5) When an inspection is requested only to verify the product, conveyance, markings, or other factors not related to quality, the department charges the rate of fifty dollars per hour, with a minimum certificate charge of twenty-five dollars.)) The following inspection and certification services are charged fees based on the stated CWT fee, provided that if the applied CWT fee would result in a charge less than the applicable hourly fee under WAC 16-390-025 for the staff hours worked, the applicable hourly fee will be assessed.
(1) Effective January 1, 2015, the fee for federal-state grade and condition certification for all fresh and processing fruits, vegetables, and nuts, except in-state processing potatoes, is $0.175 per CWT or fraction thereof.
(2) Effective January 1, 2017, the fee for federal-state grade and condition certification for all fresh and processing fruits, vegetables, and nuts, except in-state processing potatoes, is $0.185 per CWT or fraction thereof.
(3) In-state processing potatoes are charged the following fees:
(a) Effective January 1, 2015, the fee to determine the percentage of potatoes meeting U.S. No. 1 or U.S. No. 2 fresh potato grades as listed in the United States Grades for Potatoes (U.S. Potato Standards) is $0.038 per CWT or fraction thereof.
(b) Effective January 1, 2017, the fee to establish a percentage of potatoes meeting U.S. No. 1 or U.S. No. 2 fresh potato grades as listed in the United States Grades for Potatoes (U.S. Potato Standards) is $0.043 per CWT or fraction thereof.
(c) Effective January 1, 2015, the fee to establish a percentage of dirt, rot, and green is $0.021 per CWT or fraction thereof.
(d) Effective January 1, 2017, the fee to determine the percentage of dirt, rot, and green is $0.023 per CWT or fraction thereof.
(e) Contracts may be negotiated with the potato processing industry for inspection services to meet specific inspection requests, but not for less than the equivalent hourly fee specified in WAC 16-390-025 for the staff hours worked.
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-040 Customer assisted inspection program (CAIP) certification charges((—Fruits and vegetables)).
((WSDA fees for grade and condition certificates for all fruits and vegetables issued under the customer assisted inspection program (CAIP) are:
(1) A minimum charge of twenty-five dollars.
(2))) The fees for federal-state grade and condition ((certificates)) CAIP certification for all fresh market fruits and vegetables in any type of containers (((wrapped, place pack, face and fill), bags, master containers, consumer packages, or loose in bulk cartons, boxes, crates, bins, or bags are:
are one-half of the applicable CWT fees specified in WAC 16-390-030, but not less than the applicable equivalent hourly fee specified in WAC 16-390-025 for the staff hours worked.
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-150 Shipping permits and certificates of compliance((—Fruits and vegetables)) for apples, apricots, asparagus, Italian prunes, peaches, pears, and sweet cherries.
(1) Each shipment of apples, apricots, ((Italian prunes, peaches, pears, dark sweet cherries, Rainier cherries and asparagus must be covered by a shipping permit. All other sweet cherries, whether certified or not, must have a shipping permit indicating freedom from cherry fruit fly larvae.
(2) Shipments of apricots, cherries, peaches, prunes, and asparagus to processors do not require a shipping permit.
(3) A permit or certificate of compliance may be issued without additional charge if the lot is certified.
(4) If the lot has not been certified, a permit or certificate of compliance may be issued based upon the following charges:
(a) The minimum charge for a permit or certificate of compliance is three dollars.
(b) Two-thirds of the rate for federal-state or state grade and condition certificates applies.
(c) A permit to ship apples and/or pears to a by-product plant outside the state is three dollars)) asparagus, Italian prunes, peaches, pears, and sweet cherries must be covered by a shipping permit or certificate of compliance. No shipping permit or certificate of compliance will be issued unless the sweet cherries are determined to be free from live Western cherry fruit fly (Rhagoletis indifferens) larvae at the time of shipment.
(2) In-state shipments of apples, apricots, asparagus, Italian prunes, peaches, pears, and sweet cherries to processors do not require a shipping permit or certificate of compliance.
(3) A shipping permit or certificate of compliance may be issued without additional charge if the lot has been issued a grade and condition certificate.
(4) If a lot has not been issued a grade and condition certificate, a shipping permit or certificate of compliance will be issued only after the lot is in full compliance with chapter 15.17 RCW and will be subject to a charge of two-thirds the applicable CWT fee specified in WAC 16-390-030, but not less than $5.00.
(5) A shipping permit or certificate of compliance to ship a lot of apples or pears to a processing plant outside the state is five dollars.
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-230 Apple ((pest certification)) maggot survey fees.
The fee for the apple ((pest certification, using the)) maggot survey ((method,)) program on all ((fresh)) apples ((produced)) grown or packed in Washington state ((or marketed under Washington state grades)) and ((standards,)) introduced into commerce for sale or shipment as fresh apples is $.015 per ((cwt. or fraction thereof)) CWT. This fee is assessed by the director on all certificates of compliance and all shipping permits.
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-240 ((Fresh produce)) USDA audit verification ((program)) and terminal market inspection fees.
(1) The ((fresh produce)) fee for USDA audit verification ((program is a federal-state inspection service program that reviews and verifies a participating company's facility and agronomic practices, along with its documented procedures, to help determine if "good agricultural practices" and "good handling practices" are maintained)) services are $92.00 per hour as per the authority of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621).
(2) Mileage related to audit verification services is charged at the rate established by the Washington state office of financial management at the time the service was performed.
(3) The fee for terminal market inspection services is $74.00 per hour, $151.00 per lot for a carlot equivalent of each product, and $125.00 per lot for one-half carlot equivalent or less of each product. The fee for each additional lot of the same product is $69.00. The overtime fee is an additional $38.00 per hour. The fee for a holiday is an additional $74.00 per hour. The mileage fee related to terminal market inspection services is $1.32 per mile. USDA fees for lots and mileage are regulated by 7 C.F.R. 51.38 and 51.40, respectively, and are current as of August 5, 2014.
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-250 ((Miscellaneous)) Other services and ((certification)) fees.
(1) ((Department)) Other services not involving certification services, provided to other agencies, commissions, growers, businesses, and organizations are charged at the ((rate of fifty dollars per hour)) applicable hourly fee specified in WAC 16-390-025.
(2) ((The charge for mileage related to)) Other inspection and certification services ((is)), such as bean, pea, lentil, hay or straw certification provided to other programs in the department, other agencies, commissions, growers, businesses, and organizations are charged at the ((rate established by the office of financial management (OFM) at the time the service was performed)) applicable hourly fee specified in WAC 16-390-025.
(3) The ((department may charge)) fee for ((telegrams,)) facsimile((,)) or electronic transmission of inspection documents ((at the rate of four)) not provided with certification services is five dollars per transmission ((in addition to any Western Union charges made directly to the applicant)).
(4) The ((cost of extra copies)) fee for a certified copy of an original ((documents)) certificate is ((four)) five dollars ((per set.
(5) The department may charge twenty-five cents per copy for Xerox copies of inspectors' notes, certificates or related documents.
(6) When, through no fault of the inspection service, it is necessary to retype or reissue a document, the cost of retyping or reissuing the document is four dollars per set)).
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-260 ((Extra fees for inspection and certification services.)) Overtime and holiday charges.
((The department does assess extra charges on services provided according to the following:
(1) The minimum inspection charge for each commodity and requested document is twenty-five dollars.
(2) If, through no fault of the inspection service, excess time is required over the maximum time allowed (as supported by unit rates for each commodity and requested document) the excess time is charged at the rate of fifty dollars per hour.
(3)(a) For all inspection services performed beyond a regularly scheduled eight-hour week day shift or on Saturdays, or Sundays, or state legal holidays, a rate equivalent to seventy-five dollars will be charged for actual hours spent in performance of duties. Such charges include unit charges, plus, if necessary, overtime charges to equal the respective overtime hourly rates.
(b) The following are state legal holidays:
(4) Additional hourly or overtime charges will not be assessed when the per unit inspection charge in any one day equals or exceeds the basic hourly and/or overtime charge.)) All certification services performed outside of regular business hours are charged a fee equivalent to the applicable overtime fee specified in WAC 16-390-025 unless an applicable CWT fee meets or exceeds the overtime fee.
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-270 ((Fruit and vegetable)) Waived fees.
((The department may waive inspection fees)) Certificate of compliance fees may be waived for fruits and vegetables donated to bona fide nonprofit organizations ((if)). The shipping containers ((are)) must be conspicuously labeled or marked "not for resale."
AMENDATORY SECTION (Amending WSR 12-19-040, filed 9/12/12, effective 10/13/12)
WAC 16-390-280 Payment and collection of ((fruit and vegetable)) fees and charges.
(1) All fees and charges for services rendered are due within thirty days after the date of the billing statement ((you receive from the department)).
(2) If ((your)) payment is not received within thirty days, service may be withheld until ((your)) the delinquent account is paid in full.
(3) ((If your account is delinquent, the department may require that you pay cash for subsequent services.
(4))) The ((department assesses)) director may assess a penalty of eighteen percent per annum on all ((delinquent)) unpaid account balances thirty days after billing.
REPEALER
The following sections of the Washington Administrative Code are repealed:
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