AN ACT Relating to fees; and amending RCW
15.36.105, 15.53.9014, 15.58.415, 17.21.070, 17.21.110, 17.21.122, 17.21.126,
17.21.129, 17.21.220, 17.21.360, 69.07.040, and 69.25.250.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 15.36.105 and 1992 c 160 s 1 are each amended to read as follows:
There is levied on all milk processed in this
state an assessment not to exceed ((one-half)) fifty-four
one-hundredths of one cent per hundredweight. The director shall
determine, by rule, an assessment, that with contribution from the general
fund, will support an inspection program to maintain compliance with the
provisions of the pasteurized milk ordinance of the national conference on
interstate milk shipment. All assessments shall be levied on the operator of
the first milk plant receiving the milk for processing. This shall include
milk plants that produce their own milk for processing and milk plants that
receive milk from other sources. All moneys collected under this section shall
be paid to the director by the twentieth day of the succeeding month for the
previous month's assessments. The director shall deposit the funds into the
dairy inspection account hereby created within the agricultural local fund
established in RCW 43.23.230. The funds shall be used only to provide
inspection services to the dairy industry. If the operator of a milk plant
fails to remit any assessments, that sum shall be a lien on any property owned
by him or her, and shall be reported by the director and collected in the
manner and with the same priority over other creditors as prescribed for the
collection of delinquent taxes under chapters 84.60 and 84.64 RCW.
This section shall take effect July 1, 1992,
and shall expire June 30, 1994.
Sec. 2.
RCW 15.53.9014 and 1982 c 177 s 2 are each amended to read as follows:
(1) Each commercial feed shall be registered
with the department and such registration shall be renewed annually before such
commercial feed may be distributed in this state: PROVIDED, That sales of food
processing byproducts from fruit, vegetable, or potato processing plants,
freezing or dehydrating facilities, or juice or jelly preserving plants;
unmixed seed, whole or processed, made directly from the entire seed; unground
hay, straw, stover, silage, cobs, husks, and hulls, when not mixed with other
material; bona fide experimental feeds on which accurate records and
experimental programs are maintained; and customer-formula feeds are exempt
from such registration. The exemption for byproducts provided by this
subsection does not apply to byproducts or products of sugar refineries or to
materials used in the preparation of pet foods.
(a) Beginning July 1, ((1982)) 1993,
each registration for a commercial feed product distributed in packages of ten
pounds or more shall be accompanied by a fee of ((ten)) eleven
dollars. If such commercial feed is also distributed in packages of less than
ten pounds it shall be registered under subsection (b) of this section.
(b) Beginning July 1, ((1982)) 1993,
each registration for a commercial feed product distributed in packages of less
than ten pounds shall be accompanied by an annual registration fee of forty-five
dollars on each such commercial feed so distributed, but no inspection fee may
be collected on packages of less than ten pounds of the commercial feed so
registered.
(2) The application for registration shall be
on forms provided by the department.
(3) The department may require that such
application be accompanied by a label and/or other printed matter describing
the product. All registrations expire on December 31st of each year, and are
renewable unless such registration is canceled by the department or it has
called for a new registration, or unless canceled by the registrant.
(4) The application shall include the
information required by RCW 15.53.9016(1)(b) through (1)(e).
(5) A distributor shall not be required to
register any commercial feed brand or product which is already registered under
the provisions of this chapter.
(6) Changes in the guarantee of either chemical
or ingredient composition of a commercial feed registered under the provisions
of this chapter may be permitted if there is satisfactory evidence that such
changes would not result in a lowering of the feed value of the product for the
purpose for which designed.
(7) The department is empowered to refuse
registration of any application not in compliance with the provisions of this
chapter and to cancel any registration subsequently found to be not in
compliance with any provisions of this chapter, but a registration shall not be
refused or canceled until the registrant has been given opportunity to be heard
before the department and to amend his application in order to comply with the
requirements of this chapter.
(8) If an application for renewal of the
registration provided for in this section is not filed prior to January 1st of
any one year, a penalty of ten dollars shall be assessed and added to the
original fee and shall be paid by the applicant before the renewal registration
may be issued, unless the applicant furnishes an affidavit that he has not
distributed this feed subsequent to the expiration of his or her prior
registration.
Sec. 3.
RCW 15.58.415 and 1989 c 380 s 32 are each amended to read as follows:
Each registration and licensing fee under this
chapter is increased by a surcharge of ((five)) six dollars to be
deposited in the ((agriculture‑-)) agricultural local fund,
provided that an additional one-time surcharge of five dollars shall be
collected on January 1, 1990. The revenue raised by the imposition of this
surcharge shall be used to assist in funding the pesticide incident reporting
and tracking review panel, department of social and health services' pesticide
investigations, and the department of agriculture's pesticide investigations.
Sec. 4.
RCW 17.21.070 and 1991 c 109 s 30 are each amended to read as follows:
It shall be unlawful for any person to engage
in the business of applying pesticides to the land of another without a
commercial pesticide applicator license. Application for the license shall be
accompanied by a fee of one hundred ((twenty-five)) thirty-six
dollars and in addition a fee of ((ten)) eleven dollars for each
apparatus, exclusive of one, used by the applicant in the application of
pesticides: PROVIDED, That the provisions of this section shall not apply to
any person employed only to operate any apparatus used for the application of
any pesticide, and in which such person has no financial interest or other
control over such apparatus other than its day to day mechanical operation for
the purpose of applying any pesticide. Commercial pesticide applicator
licenses shall expire annually on a date set by rule by the director. License
fees shall be prorated where necessary to accommodate staggering of expiration
dates of a license or licenses.
Sec. 5.
RCW 17.21.110 and 1992 c 170 s 5 are each amended to read as follows:
It shall be unlawful for any person to act as
an employee of a commercial pesticide applicator and apply pesticides manually
or as the operator directly in charge of any apparatus which is licensed or
should be licensed under the provisions of this chapter for the application of
any pesticide, without having obtained a commercial pesticide operator license
from the director. The commercial pesticide operator license shall be in
addition to any other license or permit required by law for the operation or use
of any such apparatus. Application for a commercial operator license shall be
accompanied by a license fee of thirty-three dollars. The provisions of
this section shall not apply to any individual who is a licensed commercial
pesticide applicator. Commercial pesticide operator licenses shall expire
annually on a date set by rule by the director. License fees shall be prorated
where necessary to accommodate staggering of expiration dates of a license or
licenses.
Sec. 6. RCW
17.21.122 and 1992 c 170 s 6 are each amended to read as follows:
It shall be unlawful for any person to act as a
private-commercial applicator without having obtained a private-commercial
applicator license from the director. Application for a private-commercial
applicator license shall be accompanied by a license fee of ((fifteen)) seventeen
dollars before a license may be issued. Private-commercial applicator licenses
issued by the director shall be annual licenses expiring on a date set by rule
by the director. License fees shall be prorated where necessary to accommodate
staggering of expiration dates of a license or licenses.
Sec. 7.
RCW 17.21.126 and 1992 c 170 s 7 are each amended to read as follows:
It shall be unlawful for any person to act as a
private applicator without first complying with the certification requirements
determined by the director as necessary to prevent unreasonable adverse effects
on the environment, including injury to the applicator or other persons, for
that specific pesticide use. Certification standards to determine the
individual's competency with respect to the use and handling of the pesticide
or class of pesticides the private applicator is to be certified to use shall
be relative to hazards according to RCW 17.21.030 as now or hereafter amended.
In determining these standards the director shall take into consideration
standards of the EPA and is authorized to adopt by rule these standards.
Application for private applicator certification shall be accompanied by a
license fee of ((fifteen)) seventeen dollars before a
certification may be issued. Individuals with a valid certified applicator
license, pest control consultant license, or dealer manager license who qualify
in the appropriate license categories are exempt from this fee requirement
provided that licensed public operators exempted from that license fee
requirement are not exempted from the private applicator fee requirement.
Private applicator certification issued by the director shall expire annually
on a date set by rule by the director. License fees shall be prorated where
necessary to accommodate staggering of expiration dates of a license or
licenses.
Sec. 8.
RCW 17.21.129 and 1992 c 170 s 8 are each amended to read as follows:
Except as provided in RCW 17.21.203(1), it is
unlawful for a person to use or supervise the use of any pesticide which is
restricted to use by certified applicators, on small experimental plots for
research purposes when no charge is made for the pesticide and its application,
without a demonstration and research applicator's license.
A license fee of ((fifteen)) seventeen
dollars shall be paid before a demonstration and research license may be
issued. The demonstration and research applicator license shall be an annual
license expiring on a date set by rule by the director. License fees shall be
prorated where necessary to accommodate staggering of expiration dates of a
license or licenses.
Sec. 9.
RCW 17.21.220 and 1991 c 109 s 37 are each amended to read as follows:
(1) All state agencies, municipal corporations,
and public utilities or any other governmental agency shall be subject to the
provisions of this chapter and rules adopted thereunder concerning the
application of pesticides.
(2) It shall be unlawful for any employee of a
state agency, municipal corporation, public utility, or any other government
agency to use or to supervise the use of any pesticide restricted to use by
certified applicators, or any pesticide by means of an apparatus, without
having obtained a public operator license from the director. A license fee of
((fifteen)) seventeen dollars shall be paid before a public
operator license may be issued. The license fee shall not apply to public
operators licensed and working in the health vector field. Public operator
licenses shall expire annually on a date set by rule by the director. License
fees shall be prorated where necessary to accommodate staggering of expiration
dates of a license or licenses. The public operator license shall be valid
only when the operator is acting as an employee of a government agency.
(3) The jurisdictional health officer or his or
her duly authorized representative is exempt from this licensing provision when
applying pesticides not restricted to use by certified applicators to control
pests other than weeds.
(4) Such agencies, municipal corporations and
public utilities shall be subject to legal recourse by any person damaged by
such application of any pesticide, and such action may be brought in the county
where the damage or some part thereof occurred.
Sec. 10.
RCW 17.21.360 and 1989 c 380 s 66 are each amended to read as follows:
Each registration and licensing fee under this
chapter is increased by a surcharge of ((five)) six dollars to be
deposited in the ((agriculture‑-)) agricultural local fund,
provided that an additional one-time surcharge of five dollars shall be
collected on January 1, 1990. The revenue raised by the imposition of this
surcharge shall be used to assist in funding the pesticide incident reporting
and tracking review panel, department of social and health services' pesticide
investigations, and the department of agriculture's pesticide investigations.
Sec. 11.
RCW 69.07.040 and 1992 c 160 s 3 are each amended to read as follows:
It shall be unlawful for any person to operate
a food processing plant or process foods in the state without first having
obtained an annual license from the department, which shall expire on a date
set by rule by the director. License fees shall be prorated where necessary to
accommodate staggering of expiration dates. Application for a license shall be
on a form prescribed by the director and accompanied by the license fee. The
license fee is determined by computing the gross annual sales for the accounting
year immediately preceding the license year. If the license is for a new
operator, the license fee shall be based on an estimated gross annual sales for
the initial license period.
If gross annual sales are: The
license fee is:
$0 to $50,000 $((50.00))
55.00
$50,001 to $500,000 $((100.00))
110.00
$500,001 to $1,000,000 $((200.00))
220.00
$1,000,001 to $5,000,000 $((350.00))
385.00
$5,000,001 to $10,000,000 $((500.00))
550.00
Greater than $10,000,000 $((750.00))
825.00
Such application shall include the full name of the
applicant for the license and the location of the food processing plant he or
she intends to operate. If such applicant is an individual, receiver, trustee,
firm, partnership, association or corporation, the full name of each member of
the firm or partnership, or names of the officers of the association or
corporation shall be given on the application. Such application shall further
state the principal business address of the applicant in the state and elsewhere
and the name of a person domiciled in this state authorized to receive and
accept service of summons of legal notices of all kinds for the applicant. The
application shall also specify the type of food to be processed and the method
or nature of processing operation or preservation of that food and any other
necessary information. Upon the approval of the application by the director
and compliance with the provisions of this chapter, including the applicable
regulations adopted hereunder by the department, the applicant shall be issued
a license or renewal thereof.
Licenses shall be issued to cover only those
products, processes, and operations specified in the license application and
approved for licensing. Wherever a license holder wishes to engage in
processing a type of food product that is different than the type specified on
the application supporting the licensee's existing license and processing that
type of food product would require a major addition to or modification of the
licensee's processing facilities or has a high potential for harm, the licensee
shall submit an amendment to the current license application. In such a case,
the licensee may engage in processing the new type of food product only after
the amendment has been approved by the department.
If upon investigation by the director, it is
determined that a person is processing food for retail sale and is not under
permit, license, or inspection by a local health authority, then that person
may be considered a food processor and subject to the provisions of this
chapter.
Sec. 12.
RCW 69.25.250 and 1975 1st ex.s. c 201 s 26 are each amended to read as
follows:
There is hereby levied an assessment not to
exceed ((two and one-half)) three mills per dozen eggs entering
intrastate commerce, as prescribed by rules and regulations issued by the
director. Such assessment shall be applicable to all eggs entering intrastate
commerce except as provided in RCW 69.25.170 and 69.25.290. Such assessment
shall be paid to the director on a monthly basis on or before the tenth day
following the month such eggs enter intrastate commerce. The director may
require reports by egg handlers or dealers along with the payment of the
assessment fee. Such reports may include any and all pertinent information
necessary to carry out the purposes of this chapter. The director may, by
regulations, require egg container manufacturers to report on a monthly basis
all egg containers sold to any egg handler or dealer and bearing such egg
handler or dealer's license number.
