WSR 17-12-087
[Filed June 6, 2017, 6:56 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: Chapter 16-555 WAC, Washington strawberry commission.
Hearing Location(s): Natural Resources Building, Room 205, 1111 Washington Street S.E., Olympia, WA 98504, on July 11, 2017, at 10:00 a.m.
Date of Intended Adoption: August 16, 2017.
Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, email, fax (360) 902-2092, by 5:00 p.m., July 11, 2017.
Assistance for Persons with Disabilities: Contact agency receptionist by June 30, 2017, (360) 902-1976, TTY 711 or (800) 833-6388.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal will repeal chapter 16-555 WAC and terminate the Washington strawberry commission. A hearing will be held under the provisions of chapter 34.05 RCW and a referendum of affected producers will be conducted under the provisions of chapter 15.65 RCW to determine whether the marketing order and commission are terminated.
Reasons Supporting Proposal: The Washington strawberry commission board voted to terminate the commission because of lack of participation by affected growers and because the commission no longer meets the requirements of chapter 15.65 RCW, Washington state agricultural commodity boards, particularly RCW 15.65.220(1), which requires the commission board to be composed of not less than five members.
Statutory Authority for Adoption: RCW 15.65.183 and chapter 34.05 RCW.
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 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, Implementation and Enforcement: Teresa Norman, Olympia, Washington, (360) 902-2043.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal would eliminate the marketing order for the Washington strawberry commission. Under the provisions of chapter 15.65 RCW, a referendum of affected parties is required to terminate the commission. There are no negative fiscal impacts to affected producers of strawberries. In addition, rule-making proceedings conducted under chapter 15.65 RCW are exempt from compliance with RCW 34.05.310, chapter 19.85 RCW, and RCW 43.135.055 when the adoption of the rules is determined by a referendum vote of the affected parties.
A cost-benefit analysis is not required under RCW 34.05.328. The department of agriculture and the Washington strawberry commission are not named agencies under RCW 34.05.328 (5)(a)(i).
June 6, 2017
Derek I. Sandison
The following chapter of the Washington Administrative Code is repealed:
WAC 16-555-010
Definition of terms.
WAC 16-555-020
Strawberry commodity board.
WAC 16-555-030
Marketing order purposes.
WAC 16-555-040
Assessments and collections.
WAC 16-555-041
Time—Place—Method for payment and collection of assessments.
WAC 16-555-050
Obligations of the board.
WAC 16-555-060
Termination of the marketing order.
WAC 16-555-070
Effective time.
WAC 16-555-080