WSR 19-18-047
PERMANENT RULES
DEPARTMENT OF AGRICULTURE
[Filed August 30, 2019, 8:25 a.m., effective September 30, 2019]
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 fees identical to and not less than fees adopted by the United States Department of Agriculture, Agricultural Marketing Service (USDA-AMS) as published in the Federal Register (Vol. 84, No. 83) on April 30, 2019, under the "Fresh Fruits, Vegetables, and Other Products (Inspection, Certification, and Standards)" table with an effective date of October 1, 2019. These changes 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.
Adopted under notice filed as WSR 19-13-074 on June 17, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: August 27, 2019.
Derek I. Sandison
Director
AMENDATORY SECTION(Amending WSR 18-21-167, filed 10/23/18, effective 11/23/18)
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))in Vol. 84, No. 83 on April 30, 2019, under the "((Fruit and Vegetable Fees))Fresh Fruits, Vegetables, and Other Products (Inspection, Certification, and Standards)" table and, for the mileage fee related to terminal market inspection((, in Patch #32, dated 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.))(2) Specialty crop fees/audit and terminal market fees:
Quality and Condition Inspections for Whole Lots | $210.00 per lot |
Quality and Condition Half Lot or Condition-Only Inspections for Whole Lots | $174.00 per lot |
Condition Half Lot | $161.00 per lot |
Quality and Condition or Condition-Only Inspections for Additional Lots of the Same Product | $96.00 per lot |
Dockside Inspections - Each Package Weighing <30 lbs. | $0.044 per pkg. |
Dockside Inspections - Each Package Weighing >30 lbs. | $0.068 per pkg. |
Charge per Individual Product for Dockside Inspection | $210.00 per lot |
Charge per Each Additional Lot of the Same Product | $96.00 per lot |
Inspections for All Hourly Work | Regular | Overtime | Holiday |
$93.00 | $113.00 | $134.00 |
Audit Services - State | $115.00 | N/A | N/A |
(3) The mileage fee related to terminal market inspection services is $1.96 per mile. ((USDA fees for lots and mileage are regulated by 7 C.F.R. 51.38 and 51.40.))Round trip mileage will be charged from an inspector's assigned location to the inspection site.