Title of Rule and Other Identifying Information: Chapter 16-250 WAC, Commercial feed, and chapter 16-252 WAC, Commercial feed—Pet food and specialty pet food, the department is proposing to amend these chapters by specifying the amount of the semi-annual inspection fee and updating website address references.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed rule corrects an error made in the 2018 amendments of the rule that neglected to include the specific amount of the inspection fee that must be submitted with the semi-annual report. The fee of twelve cents per ton has been set in rule in both of these chapters since 2005. The proposed rule also updates the website references in the rule language.

Reasons Supporting Proposal: RCW 15.53.9018 requires that an inspection fee not less than four cents per ton and not more than twelve cents per ton on all commercial feed, as prescribed by the department by rule, be submitted to the department with the semi-annual report. In 2018, extensive revisions were made to rewrite the entire rule to adopt the standards of the Association of American Feed Control Officials (AAFCO) 2018 official publication. Since the AAFCO official publication does not have a requirement for a semi-annual inspection fee, the statement regarding the amount of the inspection fee was inadvertently not transferred over to the new language. The rate of twelve cents per ton has been in place since 2005.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The proposed rule amendments correct an error that was made when the rule was rewritten and adopted in October 2018 by not including the specified amount of the inspection fee previously in rule into the revised rule and updates website address references.

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Gloriann Robinson, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone 360-902-1802, fax 360-902-2092, email wsdarulescomments@agr.wa.gov, AND RECEIVED BY January 6, 2020.

(1) Except as provided for in RCW 15.53.9013, any person who manufactures a commercial feed in this state, or who distributes a commercial feed in or into this state; or whose name appears on a commercial feed label as guarantor, must obtain a commercial feed license for each facility that distributes in or into this state.

(2) The license application must be submitted on a form prescribed by the department.

(3) The license application must include:

(a) The name, mailing address, and contact information of the applicant;

(b) The name, mailing address, and contact information of the individual responsible for reporting tonnage;

(d) Types of business the firm is engaged in (manufacturer, distributor, guarantor);

(e) Types of processing;

(f) Types of feed distributed;

(g) Types of ingredients;

(h) Applicant's signature; and

(i) Date signed.

(4) A separate license application form is required for each location or facility.

(5) A fifty dollar fee must accompany each license application form.

(6) License application forms can be obtained from the department ((online at https://agr.wa.gov/FoodAnimal/AnimalFeed/Forms.aspx;)) by emailing the animal feed program at feedreg@agr.wa.gov, or by phone at 360-902-1942.

(1)(a) Each licensee must file a semiannual report on forms provided by the department setting forth the number of tons of commercial feed distributed in or into this state as required by RCW 15.53.9018.

(b) The report must include the amount of feed distributed by type of mixed feed by animal class, feed ingredients, signature of person filing report, and date signed.

(2) An inspection fee of twelve cents per ton on all commercial feed sold for distribution in or into this state during the year must accompany the semiannual report.

(3) The minimum inspection fee, the late fee, and exceptions to payment of the fee are described in RCW 15.53.9018.

(4) Semiannual reporting forms can be obtained ((online at https://agr.wa.gov/FoodAnimal/AnimalFeed/Forms.aspx;)) by emailing the animal feed program at feedreg@agr.wa.gov; or by phone at 360-902-1942.

(5) Any reports and associated fees may be submitted to the department by mail to:

Washington State Department of Agriculture

Animal Feed Program

P.O. Box 42591

Olympia, WA 98504-2591

(1) Any person who distributes a pet food or specialty pet food in or into this state must register the product with the department as required under RCW 15.53.9014.

(2) The registration application must be submitted on a form prescribed by the department.

(3) The registration application must include:

(a) The name, mailing address, physical address, and contact information of the applicant;

(b) The name, mailing address, physical address, and contact information of the guarantor;

(d) Type of activities the manufacturer is engaged in:

(i) Species of animals the facility manufactures products for the guarantor;

(ii) Types of product the facility handles.

(e) Package size:

(i) Number of products distributed only in packages of ten pounds or more;

(ii) Number of products distributed both in packages of less than ten pounds and/or packages of ten pounds or more.

(f) Applicant's signature;

(g) Date signed;

(h) Electronic product label(s); and

(i) Registration fees as specified in RCW 15.53.9014(3).

(4) Registration application forms can be obtained from the department online at ((https://agr.wa.gov/FoodAnimal/AnimalFeed/Forms.aspx;))https://agr.wa.gov/departments/animals-livestock-and-pets/animal-feed/pet-food-registration by emailing the animal feed program at petfood@agr.wa.gov, or by phone at 360-902-1844.

(1)(a) Each registrant must file a semi-annual report on forms provided by the department setting forth the number of tons of pet food or specialty pet food distributed in or into this state as required by RCW 15.53.9018.

(b) The report must include the amount of pet food or specialty pet food distributed by type of species, applicant's signature, and date signed.