DEPARTMENT OF AGRICULTURE

[Filed October 23, 2018, 8:35 a.m., effective November 23, 2018]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The department is adopting amendments to WAC 16-390-240 USDA audit verification and terminal market inspection fees, that include adopting a fee identical to and not less than the mileage fee related to terminal market inspection adopted by the United States Department of Agriculture, Agricultural Marketing Service (USDA-AMS), as published in "Patch 32 Fees for TMI" of the USDA-AMS SCI Division Inspection Series (dated July 25, 2018; effective August 1, 2018) intended for publication in the to-be-updated USDA General Market Manual. These amendments are necessary to comply with the department's cooperative agreement with USDA-AMS for services the department provides as a "Federal-State Inspection Agency."

Citation of Rules Affected by this Order: Amending WAC 16-390-240.

Statutory Authority for Adoption: RCW 15.17.030, [15.17].140(2), [15.17].150, and [15.17].270.

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 18-17-173 on August 22, 2018.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: October 23, 2018.

AMENDATORY SECTION(Amending WSR 17-24-077, filed 12/5/17, effective 1/5/18)

WAC 16-390-240USDA audit verification and terminal market inspection fees.

WSDA performs audit and inspection services requested by customers under a "cooperative agreement" with the United States Department of Agriculture's Agricultural Marketing Service (USDA/AMS). Under USDA/AMS rules, WSDA provides these services as a "federal-state inspection agency." Under USDA/AMS regulations and the cooperative agreement, the fees that WSDA charges for these services must be no less than the current USDA/AMS fees for these services. The applicable current USDA/AMS fees were published in the Federal Register at Vol. 82, No. 88, on May 9, 2017, under the "Fruit and Vegetable Fees" table and, for the ((overtime and holiday fees))mileage fee related to terminal market inspection, in Patch ((#26))#32, dated ((September 25, 2017))July 25, 2018, for incorporation in the USDA/AMS "General Market Manual" at Appendix II, "Schedule of User Fees." In conformity with the cooperative agreement, WSDA adopts the same applicable fees for these services as set forth in this section.

(1) The fee for USDA audit verification services is $108.00 per hour.

(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 $85.00 per hour, $191.00 per lot for a carlot equivalent of each product, and $159.00 per lot for one-half carlot equivalent or less of each product. The fee for each additional lot of the same product is $79.00. The overtime fee for terminal market inspection services is an additional $27.00 per hour. The fee for terminal market inspection services on a holiday is an additional $63.00 per hour. The mileage fee related to terminal market inspection services is (($1.32))$1.96 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 October 1, 2017)).