WSR 17-21-117

PREPROPOSAL STATEMENT OF INQUIRY

[Filed October 18, 2017, 11:04 a.m.]

Subject of Possible Rule Making: Chapter 16-305 WAC, Industrial hemp research program, the department is considering adding rule language to include monetary penalties and other sanctions for violations of statutory or regulatory requirements. ESSB 5131, effective July 23, 2017, grants the department rule-making authority necessary to impose monetary penalties in addition to license suspension or forfeiture. Penalties in existing chapter 16-305 WAC are limited to denial, suspension, or revocation of an applicant's license.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.120.035.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is considering adding in rule monetary penalties with a penalty matrix to address violations of chapter 15.120 RCW, and the rules adopted for the industrial hemp research program. For licensees, in addition to any technical assistance, monetary penalties may be necessary to deter violations.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The federal Drug Enforcement Administration (DEA) regulates the movement of industrial hemp across state lines. The department will work closely with DEA to ensure department rules are in compliance with DEA rules.

Process for Developing New Rule: The department will make available through its industrial hemp listserv https://listserv.wa.gov/cgi-bin/wa?SUBED1=AGR-INDUSTRIAL-HEMP&A=1 and on its web site https://agr.wa.gov/LawsRules/Rulemaking/default.aspx, opportunities for interested parties to provide input on the subject of this rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jeff Larsen, 1111 Washington Street S.E., Olympia, WA 98504-2560, phone 360-902-1960, fax 360-902-2085, TTY 711, email jlarsen@agr.wa.gov, web site https://agr.wa.gov/LawsRules/Rulemaking/; or Victor Shaul, 21 North 1st Avenue, Suite 203, Yakima, WA 98902-2663, phone 509-249-6950, fax 509-454-4395, TTY 711, email vshaul@agr.wa.gov, web site https://agr.wa.gov/LawsRules/Rulemaking/.

October 18, 2017

Jason Ferrante

Assistant Director