AN ACT Relating to
assessments for planting stock certification and nursery improvement programs;
amending RCW 15.13.310, 15.13.370, and 15.13.470; and adding a new section to
chapter 15.13 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 15.13.310 and 2000 c
144 s 10 are each amended to read as follows:
(1) An annual
assessment shall be levied on the gross sale price of the wholesale market
value for all ((fruit trees, fruit tree related ornamental trees, and fruit
tree rootstock produced in Washington, and sold within the state or shipped
from the state by any licensed nursery dealer during any license period. Fruit
tree related ornamental nursery stock shall be limited to the genera,
Chaenomeles, Cydonia, Crataegus, Malus, Prunus, Pyrus, and Sorbus)) horticultural
plants of the genera Chaenomeles, Cydonia, Crataegus, Malus, Prunus, Pyrus,
Sorbus, and Vitis produced in Washington, and sold within the state or shipped
from the state by any licensed nursery dealer during any license period.
This annual assessment is based on the first sale price of such nursery stock
except for rootstocks which are replanted and/or grafted or budded and planted
for growing-on in the nursery. The director shall by rule determine the rate
of an assessment needed to carry out the grapevine and fruit tree
certification and nursery improvement programs set forth in RCW 15.13.470 and
chapter 15.14 RCW.
The wholesale market
price may be determined by the wholesale catalogue price of the seller of the
((fruit trees, fruit tree related ornamentals, or fruit tree rootstock))
horticultural plants assessed under this section or of the shipper
moving such nursery stock out of the state. If the seller or shipper does not
have a catalogue, then the wholesale market price may be based on the actual
selling price or an average wholesale market price. The director in
determining the average wholesale market price may use catalogues of various
businesses licensed under the provisions of this chapter or any other
reasonable method.
(2) The assessment is
due and payable on the first day of July of each year.
(3) The gross sale
period shall be from July 1 to June 30 of the previous year.
(4) The department may
audit the records of licensees during normal business hours to determine that
the appropriate assessment has been paid.
NEW SECTION. Sec.
2. A new section is added
to chapter 15.13 RCW to read as follows:
An advisory committee
is established to advise the director in the administration of the grapevine
certification and nursery improvement program.
(1) The committee
consists of two grapevine nursery dealers; three grape growers, at least two of
whom grow wine grapes; one winery representative; a university researcher; and
the director.
(2) When appointing
this committee, the director shall consider names submitted by the Washington
association of wine grape growers and the Washington state grape society.
(3) The terms of the
members of the committee shall be staggered and the members shall serve a term
of three years and until their successor has been appointed.
Sec. 3. RCW 15.13.370 and 2000 c
144 s 15 are each amended to read as follows:
(1) Any person licensed
under the provisions of this chapter may request the services of a department
inspector at the licensee's place of business or point of shipment during the
shipping season. Subsequent to inspection the inspector shall issue to the
licensee a certificate of inspection signed by the inspector covering any
horticultural plants which the inspector finds to be in compliance with the
provisions of this chapter.
(2) Any person
financially interested in any horticultural plants may request inspection
and/or certification services provided for horticultural plants under this
chapter.
(3) To facilitate the
((movement)) marketing of agricultural commodities and other
plant products, the director may provide, if requested, special inspections
or certifications not otherwise authorized under this chapter and shall
prescribe a fee for that service.
Sec. 4. RCW 15.13.470 and 2000 c
144 s 28 are each amended to read as follows:
(1) Except as provided
in RCW 15.13.285 and in subsections (2) and (3) of this section, all moneys
collected under this chapter shall be paid to the director, deposited in an
account within the agricultural local fund, and used solely for carrying out
this chapter. No appropriation is required for the disbursement of moneys from
the account by the director.
(2) All fees collected
((for fruit tree, fruit tree related ornamental tree, and fruit tree
rootstock assessments as set forth in this chapter)) under RCW 15.13.310
shall be deposited in the planting stock certification account within the
agricultural local fund to be used only for the Washington grapevine and
fruit tree ((and fruit tree related ornamental tree)) certification and
nursery improvement programs as set forth in this chapter and chapter 15.14
RCW.
(3) All
moneys collected for civil penalties under this chapter shall be deposited in
the nursery research account within the agricultural local fund.
