WSR 15-03-082 PROPOSED RULES DEPARTMENT OF AGRICULTURE [Filed January 20, 2015, 1:18 p.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: Washington strawberry commission, chapter 16-555 WAC.
Hearing Location(s): Natural Resource[s] Building, 1111 Washington Street S.E., 2nd Floor, Conference Room 271, Olympia, WA 98504, on February 25, 2015, at 10:00 a.m.
Date of Intended Adoption: May 7, 2015.
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., February 27, 2015.
Assistance for Persons with Disabilities: Contact WSDA receptionist by February 13, 2015, TTY 1-800-833-6388 or (360) 902-1976.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 16-555-040 Assessments and collections, increases the assessment rate from one-half cent to three-quarter cent per affected unit (pound). Any proposed increase would be decided through a referendum of affected strawberry producers.
Reasons Supporting Proposal: The strawberry commission board determined that an increase in the assessment rate is necessary to sustain the applicable provisions of the marketing order. The current assessment on all varieties of strawberries has been in effect since 1982. The commission predominantly funds research and those costs continue to rise. Any disruption in funding ongoing research could affect the viability of the strawberry industry in the state. This change will implement the petition received from the strawberry commission in accordance with RCW 15.65.050.
Statute Being Implemented: Chapter 15.65 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Any rule proposal that results from this rule-making process will not be adopted unless the proposed rules are also approved in a referendum of affected strawberry producers pursuant to chapter 15.65 RCW.
Name of Proponent: Washington state strawberry commission, governmental.
Name of Agency Personnel Responsible for Drafting: Kelly Frost, P.O. Box 42560, Olympia, WA 98504, (360) 902-1802; Implementation and Enforcement: Walter Swenson, P.O. Box 2423, Olympia, WA 98507, (360) 352-1236.
No small business economic impact statement has been prepared under chapter 19.85 RCW. In accordance with RCW 15.65.570, the adoption of the final amendments to chapter 16-555 WAC will be determined by referendum vote of affected producers.
A cost-benefit analysis is not required under RCW 34.05.328. The department of agriculture and the Washington state strawberry commission are not named agencies in RCW 34.05.328 (5)(a)(i).
January 20, 2015
Don R. Hover
Director
AMENDATORY SECTION (Amending WSR 92-12-006, filed 5/21/92, effective 6/21/92)
WAC 16-555-040 Assessments and collections.
(1) Assessments.
(a) The annual assessment on all varieties of strawberries shall be ((one-half)) three-quarter cent per affected unit (pound).
(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.
(c) Subsequent to the first sale, 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 marketing 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 this marketing 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 marketing 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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