WSR 15-21-022 PERMANENT RULES DEPARTMENT OF AGRICULTURE [Filed October 13, 2015, 8:05 a.m., effective December 1, 2015] Effective Date of Rule: December 1, 2015.
Purpose: These rules establish the fees charged by the plant services program for activities authorized in chapters 15.13, 15.14, and 17.24 RCW. The nursery inspection program's revenue is almost solely derived from inspection, testing, and license fees. This increase in fees will enable the program to cover the costs associated with performing these activities. This increase in revenue is necessary for the financial stability of the program.
Citation of Existing Rules Affected by this Order: Amending WAC 16-401-027, 16-401-041, 16-470-912, 16-470-917, and 16-470-921.
Other Authority: Chapter 34.05 RCW.
Adopted under notice filed as WSR 15-18-086 on August 31, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 5, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 5, Repealed 0.
Date Adopted: October 13, 2015.
Derek I. Sandison
Director
AMENDATORY SECTION (Amending WSR 09-23-005, filed 11/5/09, effective 1/1/10)
WAC 16-401-027 Schedule of fees and charges—Applicable rates and charges.
The following rates apply for requested inspection services:
(2) Mileage at the established office of financial management rate (schedule A), per diem and other authorized travel expenses at actual cost, and travel time at the applicable hourly rate may be assessed for requested inspections that are not a part of a regular work schedule. Such charge may be prorated among applicants if more than one applicant is provided service during a workday or trip when mileage and/or per diem are applicable.
(3) Inspections for phytosanitary certification, including growing season field inspections, are provided at the applicable hourly rate provided in subsection (1) of this section except where an alternate certification inspection fee is provided in statute, in rule, or by a written agreement between the department and an industry entity, university, or public agency. When growing season field inspections for phytosanitary certification and regulatory inspections are performed simultaneously, the first two hours of inspection each calendar year for nurseries licensed under WAC 16-401-041 (1)(b) or (2)(a); and the first four hours of inspection per calendar year for nurseries licensed under WAC 16-401-041 (1)(c) or (2)(b), are without charge.
There is no additional charge for the first phytosanitary certificate issued at the time of the inspection.
(4) Inspection and certification of nonplant material or equipment for sanitation (freedom from soil or pests) by visual examination or through witnessing a prescribed treatment (steam cleaning, hydro-washing, etc.) is charged at the applicable hourly rate.
(5) Witnessing and certification of fumigation is charged at the applicable hourly rate, plus a per lot or container fee.
(6) The department may also charge fees and/or surcharges for transmittal to federal agencies.
(7) The department may issue a certificate of plant health for noncommercial movement of plant materials between states by unlicensed persons, up to a maximum of five plants, and provided that the plants are brought to a plant services office for inspection.
AMENDATORY SECTION (Amending WSR 09-23-005, filed 11/5/09, effective 1/1/10)
WAC 16-401-041 Nursery dealer license fees.
Annual license fees as established below, must accompany the application for nursery dealer license:
(1) Retail nursery dealer license fee:
(a) Gross business sales of horticultural plants and turf less than two thousand five hundred dollars. . . .$((42.00)) 52.50
(b) Gross business sales of horticultural plants and turf between two thousand five hundred dollars and fifteen thousand dollars, the license fee is. . . .$((91.00)) 115.00
(c) Gross business sales of horticultural plants and turf of fifteen thousand dollars or more. . . .$((182.00)) 228.00
(2) Wholesale nursery dealer license fee:
(a) Gross business sales of horticultural plants and turf less than fifteen thousand dollars. . . .$((91.00)) 115.00
(b) Gross business sales of horticultural plants and turf of fifteen thousand dollars or more. . . .$((182.00)) 228.00
(3) As provided in RCW 15.13.285, a surcharge of twenty percent of the base rate, in addition to the fees established on all classes of licenses in subsections (1) and (2) of this section, is established.
(4) Permit fee for those types of sales and organizations exempted from licensing requirements by RCW 15.13.270
. . . .$((6.70)) 10.00
AMENDATORY SECTION (Amending WSR 12-22-028, filed 10/31/12, effective 12/1/12)
WAC 16-470-912 Schedule of fees and charges—Applicable fees and charges.
(1) Hourly rate.
(2) Laboratory diagnostic services, except as provided in subsection (3) or (4) of this section, are charged at the applicable hourly rate plus materials.
(3) Plant pathology laboratory diagnostic fees:
(a) Nematode assay (plant material). . . . $38.00
(b) Nematode assay (soil). . . . $60.00
(c) Assay for dwarf bunt (TCK), Karnal bunt, flag smut
. . . . $60.00
(4) The department reserves the right to provide service by written agreement at a single, negotiated cost or at a negotiated rate for projects with at least one of the following characteristics:
(a) Projects greater than one hundred samples;
(b) Projects requiring materials not readily available; or
(c) Projects requiring special handling, multiple phase test procedures, or prolonged incubation periods.
The rate charged shall not be less than the cost to the department of performing the tests.
AMENDATORY SECTION (Amending WSR 12-22-028, filed 10/31/12, effective 12/1/12)
WAC 16-470-917 Schedule of fees and charges—Fees for post entry inspection services.
(1) Post entry site inspection and/or permit review and approval. . . .$((101.00)) 125.00
(2) Subsequent inspections of post entry plant materials are provided at the applicable hourly rate.
(3) Post entry inspection fees may be waived for state universities, United States Department of Agriculture researchers, and other public entities.
AMENDATORY SECTION (Amending WSR 12-22-028, filed 10/31/12, effective 12/1/12)
WAC 16-470-921 Schedule of fees and charges—Miscellaneous fees.
(1) Mileage at the established office of financial management rate (schedule A), per diem and other authorized travel expenses at actual cost, and travel time at the applicable hourly rate may be assessed for requested inspections or post entry inspections that are not a part of a regular work schedule. Such charges may be prorated among applicants if more than one applicant is provided service during a workday or trip when per diem is applicable.
(2) Postage, special handling services and other miscellaneous costs exceeding five dollars will be charged back to the applicant at the actual cost.
(3) Certificates of inspection, phytosanitary certificates, and other official documents will be provided to the applicant subject to the charges and conditions established below:
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