DEPARTMENT OF AGRICULTURE

[Filed July 3, 2019, 7:59 a.m., effective August 3, 2019]

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

Purpose: The purpose of this rule making is to update hop bale labeling requirements and to update public disclosure rules. Updating hop bale labeling requirements is necessary to facilitate the use of new technology using hand-held inkjet printers for hop bale marketing and to acknowledge harmonization of United States hop variety codes with international standards. Updating public disclosure rules for the commission is a housekeeping task necessary to implement RCW 42.56.120.

Citation of Rules Affected by this Order: Amending WAC 16-532-120 and 16-532-145.

Statutory Authority for Adoption: RCW 15.65.047 and 42.56.040.

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 19-10-021 on April 23, 2019.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 3, 2019.

AMENDATORY SECTION(Amending WSR 08-14-054, filed 6/25/08, effective 7/26/08)

WAC 16-532-120Labeling.

Each lot of hops must be identified by the crop year produced, grower number and lot designation, and variety code stenciled on each bale.

(1) A ((three-digit))five-character grower number will be assigned by the Washington hop commodity board (commission) prior to the annual harvest.

(2) The first marking will consist of the last two digits of the crop year and a hyphen, followed by the ((three-digit))five-character grower number and three-digit lot designation (example: ((8-000-001))18-WA000-001).

(3) The first marking shall be affixed ((on the head or top))in an easily identified location on the upper face of the bale (nonsewn side) and shall be in characters approximately two inches high.

(4) The second marking will ((consist of))designate the hop variety, utilizing a ((two-letter))three-character abbreviation. A list of ((approved two-letter))three-character abbreviations will be approved annually by the Washington state hop commodity board, and will be consistent with internationally accepted variety codes issued by the International Hop Growers Convention.

(5) The second marking shall be affixed immediately below the first marking on the ((head or top))upper face of the bale (nonsewn side), and shall be in characters approximately two inches high.

AMENDATORY SECTION(Amending WSR 17-05-032, filed 2/8/17, effective 3/11/17)

WAC 16-532-145Fees—Inspection and copying.

(1) No fee shall be charged for the inspection of public records.

(2) ((The commission shall charge fifteen cents per black and white copy plus postage to reimburse itself for the costs of providing copies of public records.

(3) Requests for records in special formatting, including color copies, will be charged at the amount necessary to reimburse the commission for its actual production costs. If the public records officer deems it more efficient to have copying or duplicating done outside the commission, the charges will be based on the actual cost of such outside copying or duplicating service.))Pursuant to RCW 42.56.120(2), the commission declares for the following reasons that it would be unduly burdensome for it to calculate the actual costs it charges for providing copies of public records. Funds were not allocated for performing a study to calculate such costs and the commission lacks the necessary funds to perform a study and calculations; staff resources are insufficient to perform a study and to calculate such actual costs; and a study would interfere with and disrupt other essential commission functions.

(3) The commission may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120.

(4) For all copying or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within fifteen days of receipt of invoice payable to the Washington hop commission. The commission may require that all charges be paid in advance of release of the copies of the records.

(((4)))(5) The commission or its designee may waive any of the foregoing copying costs.