WSR 99-11-095

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 19, 1999, 10:37 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-07-132.

Title of Rule: Chapter 16-212 WAC, Grain, hay, beans and peas--Inspection fees.

Purpose: Establishes fees for services performed by the department in sampling, testing, grading, weighing and inspecting grain, pulses and similar commodities.

Statutory Authority for Adoption: RCW 22.09.790.

Statute Being Implemented: Chapter 22.09 RCW.

Summary: Adjust the grain inspection program schedule of fees to reflect a 3.32% increase in hourly based fees and in the unit fees for submitted grain and commodity samples. The title of the WAC will be changed for clarity.

Reasons Supporting Proposal: Recoup a portion of the additional operational expenses due to changes in insurance rates, required equipment purchases and legislatively mandated salary increases.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Randall R. Deike, Olympia, (360) 902-1921.

Name of Proponent: Washington State Department of Agriculture (WSDA), governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Fee increases are within fiscal growth factor limits.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule establishes the schedule of user fees for the grain inspection program. The fees are the sole source of funding for program activities and the revenues generated must be adequate to support the services provided. The proposed increase is expected to generate approximately $30,000 in additional revenues and will offset, in part, increased insurance rates for fiscal year 1999, a legislatively mandated salary increase effectively July 1, 1999, and the purchase of equipment required to maintain USDA authorizations to provide official inspection services.

The proposed change, targeted to become effective September 1, 1999, will raise hourly, overtime, standby and callback charges and fees assessed for inspection of submitted grain and graded commodity samples by the allowable growth rate of 3.32% for fiscal year 2000. The proposal also changes the title of chapter 16-212 WAC from "Grain, hay, beans and peas--Inspection fees" to "WSDA grain inspection program--Fee schedule" for clarity.

Proposal Changes the Following Existing Rules: Increase hourly based fees and unit fees for submitted grain and commodity samples by 3.32%. The title of the WAC will be changed for clarity.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Fees for WSDA grain inspection program services are also approved under USDA authorizations and must be applied uniformly to all applicants for service. The proposed fee increase will generate less than a 1% increase in program revenue per year. Additional revenue per fiscal year is projected at $30,000 for a total of approximately $4.3 million (based on fiscal year 1998 inspection services). The financial impact on small businesses will be minimal.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Natural Resources Building, 1111 Washington Street, 2nd Floor, Conference Room 259, Olympia, WA 98504, on July 8, 1999, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Cathy Jensen by July 7, 1999, TDD (360) 902-1996, or (360) 902-1976.

Submit Written Comments to: Dannie McQueen, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2092, by July 8, 1999, at 5:00 p.m.

Date of Intended Adoption: July 20, 1999.

May 17, 1999

Robert W. Gore

Assistant Director

OTS-3140.1

Chapter 16-212 WAC

((GRAIN, HAY, BEANS AND PEAS--INSPECTION FEES)) WSDA GRAIN INSPECTION PROGRAM--FEE SCHEDULE


AMENDATORY SECTION(Amending Order 1836, filed 7/2/84)

WAC 16-212-010
Definitions.

(1) "Department" means the Washington state department of agriculture.

(2) "Ton" means two thousand pounds avoirdupois.

(3) "Overtime" means any time worked on Saturdays, Sundays, or holidays and all time worked before ((8:00 a.m.)) or after ((5:00 p.m. on)) the regularly scheduled working hours, Monday through Friday, unless alternate work schedules have been established at inspection sites.

(4) "Fees" means any charge made by the department for inspection and handling of any commodity or for services related to weighing or storage of grains or commodities.

(5) "Occasional work stoppage" means the union stop work meetings usually held once per month.

[Statutory Authority: Chapter 22.09 RCW.  84-14-065 (Order 1836), § 16-212-010, filed 7/2/84; 83-06-063 (Order 1789), § 16-212-010, filed 3/2/83; Order 1118, § 16-212-010, filed 5/29/69, effective 7/1/69; Order 1031, Regulation 1, filed 9/9/66, effective 10/10/66; Order 981, filed 6/1/65; Order 790, effective 9/1/59.]


AMENDATORY SECTION(Amending WSR 98-12-058, filed 5/29/98, effective 6/29/98)

WAC 16-212-030
General provisions for hourly charges.


(1) Straight time, rate per hour . . . . . . . . . . . . (($25.49)) $26.34
This hourly rate will be applied in any situation where the fees generated (([are])) are not sufficient to provide revenue (([equivalent to the published hourly rate])) equivalent to the published hourly rate, per employee, including applicable supervisory and clerical hours, and where no other hourly rate, fee, guarantee of expenses or contractual agreement exists or is specified in this schedule of fees and charges.  Whenever the lot size or workload is not of sufficient size to generate revenue equivalent to the published hourly rate, per employee, an additional fee shall be assessed so that total revenue generated is equal to the published hourly rate, per employee: Provided, That such revenue insufficiency may be established on the basis of the average hourly revenue generated at the worksite over the Monday through Sunday work week, upon written request of the applicant for service.  In the absence of such request, fees shall be assessed on a daily basis.

(2) Overtime, and night shift rate per hour . . . . . . . . . . . . (($6.65))$6.87
Whenever a service is requested before or after regularly scheduled working hours, Monday through Friday, or anytime on Saturdays, Sundays or holidays, a fee of (($6.65)) $6.87 per hour, per employee, including applicable supervisory and clerical hours, shall be charged in addition to the regular inspection and weighing fees.

(a) Requests for service on Saturdays, Sundays, or holidays, or for work shifts other than the inspection office's established standard workday hours, Monday through Friday, must be received by the inspection office no later than two hours prior to the inspection office's established daily closing time of the last regularly scheduled working day prior to the requested service.  When the request is not received within the established time frames, service will be provided where personnel are available, but an additional fee of (($4.42)) $4.57 per hour, per employee, will be assessed for the hours of the requested service.

(b) Requests for service which are beyond the scope or volume normally provided at an inspection site must be received by the inspection office no later than two hours prior to the inspection office's established daily closing time of the last regularly scheduled working day prior to the date of the requested service in order for the department to guarantee to have adequate staff available to perform the service.

(c) Whenever an employee is notified after leaving the worksite to return to a worksite after the inspection office's established standard workday hours, or on a Saturday, Sunday or holiday, two additional hours per employee, will be charged at the rate of (($11.10)) $11.47 per hour and added to other fees charged.

(d) Scheduled night shifts.

(i) The department must be given at least seven calendar days notice, in writing, to establish a scheduled night shift.  If the full seven-day notice is not given, a fee of (($6.65)) $6.87 per hour, per employee(([,])), will be assessed until the seven day notice period has elapsed.

(ii) The department shall be given at least twenty-one calendar days' notice, in writing, of cancellation of any scheduled night shift operation.  If the full twenty-one day notice is not given, a fee of (($6.65)) $6.87 per hour, per employee, will be assessed for each hour under the regular night shift schedule that would have been worked until the twenty-one day notice period has elapsed.

(3) Standby rate per hour . . . . . . . . . . . . (($27.85)) $28.77
Whenever a service is requested before or after the inspection office's established standard workday, Monday through Friday or anytime on Saturdays, Sundays or holidays, and service cannot be performed through no fault of the department, four hours at the standby rate of (($27.85)) $28.77 per hour, per employee, shall be charged.  Additional charges at the standby rate per hour, per employee shall be assessed for all hours over four that continue to be staffed at the request of the applicant. Whenever a service is requested before or after working hours, Monday through Friday or anytime on a Saturday, Sunday or holiday, and a cancellation of the request is not received two hours prior to the inspection office's established daily closing time of the last regularly scheduled working day prior to the requested service, the four hour standby charge per employee, will be assessed.

(4) Guarantee of expense.  When a service is requested that requires assignment of personnel at a facility where the volume of work at the established fees is not adequate to pay the cost of providing the service, a guarantee of the expense of providing the service is required.  These facilities may enter into agreement with the department at guaranteed staffing levels and negotiated minimum hours and unit fees.

(5) Official commercial inspection services may be provided, on-site, at the applicant's request. When appropriate space, equipment and security can be provided, the program is able to provide appropriate licensed personnel, and a guarantee of expense can be negotiated.

[Statutory Authority: RCW 22.09.790.  98-12-058, § 16-212-030, filed 5/29/98, effective 6/29/98.  Statutory Authority: Chapter 22.09 RCW.  94-10-002 (Order 5040), § 16-212-030, filed 4/20/94, effective 5/21/94; 87-01-032 (Order 1913), § 16-212-030, filed 12/12/86; 84-14-065 (Order 1836), § 16-212-030, filed 7/2/84; 83-06-063 (Order 1789), § 16-212-030, filed 3/2/83.  Statutory Authority: RCW 22.09.460.  81-24-066 (Order 1751), § 16-212-030, filed 12/2/81.  Statutory Authority: Chapter 22.09 RCW.  80-06-100 (Order 1705), § 16-212-030, filed 5/30/80; Order 1490, § 16-212-030, filed 3/1/77; Order 1404, § 16-212-030, filed 6/30/75; Order 1267, § 16-212-030, filed 5/31/72; Order 1118, § 16-212-030, filed 5/29/69, effective 7/1/69; Order 1031, Regulation 3, filed 9/9/66, effective 10/10/66; Order 981, filed 6/1/65; Order 790, effective 9/1/59.]


AMENDATORY SECTION(Amending WSR 98-12-058, filed 5/29/98, effective 6/29/98)

WAC 16-212-060
Official inspection and/or weighing fees under the United States Grain Standards Act.


(1) Combination inspection and weighing fees.  Ships, barges, unit trains and transfers of bulk grain.

(a) From vessel to elevator, per ton . . . . . . . . . . . . $ 0.128
(b) Bin transfers, per ton . . . . . . . . . . . . $ 0.128
(c) From elevator to vessel, per ton . . . . . . . . . . . . $ 0.128
(d) From railcars of a unit train, sampled by diverter samplers, batch weighed and inspected under the sublot inspection plan in units of not less than five cars,

per ton . . . . . . . . . . . . $ 0.128

(2) Inspection only of railroad boxcars, open hopper-type cars (([or covered hopper-type cars])), original inspection. Sampling only services are available at the inspection only rates shown in this fee schedule.

(a) Carlots sampled by United States Department of

Agriculture approved diverter type mechanical samplers,

per car . . . . . . . . . . . . $ 15.50

Batch grades may contain up to the maximum number of cars allowable under Federal Grain Inspection Service regulations/instructions. The per car sampling charge will be assessed for each car included in the batch grade.
(b) When sampled by United States Department of Agriculture approved grain trier, original and subsequent original inspections, per car . . . . . . . . . . . . [$24.00] [$ 24.50]
(3) Inspection only of trucks, per truck . . . . . . . . . . . . $ 15.00
(4) Reinspections of railroad boxcars, open (([hopper]))-type cars, covered hopper-type cars, ship sublot samples, barge lots, truck lots, and submitted samples.

(a) When based on an official file sample, per

reinspection . . . . . . . . . . . . $ 9.00

(b) When based on a new sample, for railcars(([,]))

only, per reinspection . . . . . . . . . . . . $ 24.00

(c) When based on a new sample, for trucks (([only]))

only , per reinspection . . . . . . . . . . . . $ 15.00

(d) FGIS approved per factor reinspections will be provided at the applicable file sample or new sample rate listed in this section.
(5) Submitted samples,
(([(a)] [(b)])) (a) Standardized grains, except canola

per inspection . . . . . . . . . . . . (($ 7.50)) $ 7.75

(b) Canola, per inspection . . . . . . . . . . . . (($ 13.75)) $ 14.20
(6) Fees for laboratory determination of erucic acid, and/or glucosinolate, and/or oil content of canola, identical to the fees assessed by the Federal Grain Inspection Service.

(7) Factor analysis and/or certification.

(a) Nongrade determining factors added to existing

certificates, or requested on ship sublot analyses, that

do not affect the grade: per factor . . . . . . . . . . . . $ 2.50

Submitted sample certificates of grade for barley may show, on request, dockage to the nearest one-tenth percent without additional charge. Submitted sample certificates of grade for wheat may show, on request, foreign material when it is not a grade determining factor, without additional charge.

(b) Factor certification only (maximum of one factor),

per certificate . . . . . . . . . . . . $ 2.50

(i) Additional factors added to a factor certificate, per

factor . . . . . . . . . . . . $ 2.50

(A maximum of $7.50 will be charged for factor only certification.)

(ii) When submitted samples are not of sufficient size to provide official grade analysis, obtainable factors will be provided, upon request of the applicant, at the factor only rate.

(8) Official analysis of constituents (protein, oil, etc.) by near-infrared transmittance.

(a) Official constituent analysis of wheat, soybeans, or

other FGIS approved commodities when in conjunction

with official inspection for grade, per test . . . . . . . . . . . . $ 6.25

(b) Official constituent analysis of wheat, soybeans, or

other FGIS approved commodities when not in conjunction with official inspection for grade, per test . . . . . . . . . . . . $ 8.50

When based on official sample (including new sample reinspection) add the applicable sampling charges.

(c) Official constituent analysis of wheat, soybeans, or

other FGIS approved commodities: Submitted sample or

reinspection based on official file sample . . . . . . . . . . . . $ 8.50

(9) Inspection of bagged grain, per cwt . . . . . . . . . . . . $0.0624

effective June 30, 1998; $0.065 effective July 1, 1998.

(10) Checkloading bagged grain, per hour, per

employee . . . . . . . . . . . . (($25.49)) $26.34

(11) Waxy corn determination, on request, per

determination . . . . . . . . . . . . $ 12.75

(12) FGIS approved mycotoxin testing.
(a) Screening or quantitative testing determinations,

based on official sample, except thin layer chromatography,

per test . . . . . . . . . . . . $ 37.50

(b) Submitted samples, screening or quantitative

determinations, except thin layer chromatography,

per test . . . . . . . . . . . . (($25.49)) $26.34

(c) Reinspection, based on official file, screening or

quantitative, except thin layer chromatography,

per test . . . . . . . . . . . . (($25.49)) $26.34

(d) Reinspection, based on a new sample, screening or

quantitative, except thin layer chromatography,

per test . . . . . . . . . . . . $ 37.50

(e) Thin layer chromatography determinations will be assessed at a rate identical with the fees charged by the Federal Grain Inspection Service(([.])).

(13) Stowage examinations - ships, barges(([,])), or vessels.

(a) Per stowage space or tank, or return to stowage

space or tank(([,])), per examination . . . . . . . . . . . . $ 24.00

(b) Initial inspection, minimum charge . . . . . . . . . . . . $120.00
(c) Subsequent inspections, minimum

charge . . . . . . . . . . . . $ 72.00

(d) Travel time, two hour minimum, per hour, per

employee . . . . . . . . . . . . (($25.49)) $26.34


Note:Stowage examinations may be conducted on vessels at anchor, at the convenience of the designated grain inspection area office, on request. Inspections at anchor will be made during daylight hours only, and only under safe working and weather conditions. The applicant is responsible for providing safe transportation to and from the vessel by licensed tug or water taxi. Two vessel or ship's agent representatives will be provided to accompany each inspector providing stowage exam services. Tanker inspections may require additional inspection personnel. When appropriate, hourly and/or minimum charges listed in the fee schedule will be assessed to the inspection and travel time charges shown in this section.


(e) A minimum of four hours per inspector at the applicable overtime rate shall also be assessed on Saturdays, Sundays, or holidays.

(14) Other stowage examinations.

(a) Sea van-type containers (when checkloading is

not required) . . . . . . . . . . . . $ 8.10

(b) Railroad cars, trucks and other containers, not in

conjunction(([s])) with loading, per container . . . . . . . . . . . . $ 8.10

(15) Diverter-type samples, per hour, per

employee . . . . . . . . . . . . (($25.49)) $26.34

(16) Ship samples(([.][:])):
(a) Ship composite samples.
(i) Initial set of samples to applicant (maximum of

three samples) . . . . . . . . . . . . no charge

(ii) Additional samples or samples at the request of

other interested parties, per sample (two sample

minimum when not requested with initial set) . . . . . . . . . . . . $ 5.25

(17) Weighing services.
(a) Class X weighing services.
(i) From railroad boxcars, open or covered

hopper-type cars (without inspection required) or vessels

to elevator (grain only), per ton . . . . . . . . . . . . $ 0.107

(ii) From elevator to boxcars, open or covered

hopper-type cars, barges (without inspection(([)]))

required) or vessels (without inspection, grain only),

per ton . . . . . . . . . . . . $ 0.107

(iii) Bin transfers (grain only), per ton . . . . . . . . . . . . $ 0.107
(iv) Trucks, per truck or weight lot . . . . . . . . . . . . $ 7.50
(b) Class Y weighing services, per hour, per

employee . . . . . . . . . . . . (($ 25.49)) $26.34

(c) Checkweighing of bagged grain, per hour, peremployee . . . . . . . . . . . . (($25.49)) $26.34
(d) Scale certification/checktesting of official

weighing scales.

(i) Weights and measures scale specialist, per

employee-hour . . . . . . . . . . . . (($ 33.75)) $34.87

(ii) Grain inspection personnel, per hour, per

employee . . . . . . . . . . . . (($ 25.49)) $26.34

[Statutory Authority: RCW 22.09.790.  98-12-058, § 16-212-060, filed 5/29/98, effective 6/29/98.  Statutory Authority: Chapter 22.09 RCW.  94-10-002 (Order 5040), § 16-212-060, filed 4/20/94, effective 5/21/94; 92-15-046, § 16-212-060, filed 7/10/92, effective 8/10/92; 87-01-032 (Order 1913), § 16-212-060, filed 12/12/86; 84-14-065 (Order 1836), § 16-212-060, filed 7/2/84; 83-06-063 (Order 1789), § 16-212-060, filed 3/2/83.  Statutory Authority: RCW 22.09.460.  81-24-066 (Order 1751), § 16-212-060, filed 12/2/81.  Statutory Authority: Chapter 22.09 RCW.  80-06-100 (Order 1705), § 16-212-060, filed 5/30/80; Order 1490, § 16-212-060, filed 3/1/77; Order 1404, § 16-212-060, filed 6/30/75, effective 8/1/75; Order 1267, § 16-212-060, filed 5/31/72; Order 1118, § 16-212-060, filed 5/29/69, effective 7/1/69; Order 1031, Regulation 4, filed 9/9/66, effective 10/10/66; Order 981, filed 6/1/65; Order 790, effective 9/1/59.]


AMENDATORY SECTION(Amending WSR 98-12-058, filed 5/29/98, effective 6/29/98)

WAC 16-212-070
Official services under the Agricultural Marketing Act of 1946.


(1) Inspection or analysis of graded and nongraded commodities.

(a) Inspection of bagged commodities at inspection

points, per cwt . . . . . . . . . . . . $0.0624

effective June 30, 1998; $0.065 effective July 1, 1998.

(b) Bulk commodity inspection at inspection points,

per ton . . . . . . . . . . . . $ 0.30

(c) Minimum charge for bulk or bagged

commodities (one hour) . . . . . . . . . . . . (($ 25.49)) $26.34

(d) Submitted sample inspection, per

sample . . . . . . . . . . . . (($ 13.75)) $14.20

(2) Weighing and combination inspection/weighing services for bulk commodities.

(a) Weighing only, other than grain, per

ton . . . . . . . . . . . . $0.117

(b) Combination inspection/weighing of bulk

commodities under federal grade standards, state

standards, or for factor determinations, per ton . . . . . . . . . . . . $ 0.128

(c) Weigh grain by-products into portable

containers including fitness examination of the

container, weigh and sample the by-product

(thirty ton maximum) . . . . . . . . . . . . $ 15.00

(3) Factor analysis.

(a) Moisture only . . . . . . . . . . . . $ 5.25
(b) Additional factors, the determination of which

are not required to establish grade, or otherwise not

required by regulation, added to an existing certificate,

per factor . . . . . . . . . . . . $ 2.50

(c) Certification, factor only (maximum two

factors), per certificate . . . . . . . . . . . . $ 3.00

(d) Additional factors added to (([a])) a factor

certificate, per factor . . . . . . . . . . . . $ 2.50

(A maximum of $13.75 will be charged for grading factors only.)

(e) Analysis of rapeseed, mustard seed,

confectionary sunflower seed, safflower seed, or other

commodities with established FGIS factor only

inspection procedures, per

certificate . . . . . . . . . . . . (($ 13.75)) $14.20

(f) Sampling only fees identified in subsection (4)(a) and (b) of this section will be assessed in addition to the factor analysis fees for rapeseed, mustard seed, confectionary sunflower seed, safflower seed, or other commodities with established FGIS factor only inspection procedures when official sampling is requested.

(4) Sampling only, bulk commodities.

(a) Trucks or containers, per carrier . . . . . . . . . . . . $ 15.00
(b) Boxcars, open or covered hopper-type cars, per

car . . . . . . . . . . . . $ 24.00

(5) Processed commodity and defense personnel support center (DPSC) inspection fees.

(a) Per hour per employee, two hour

minimum((,)) . . . . . . . . . . . . (($ 25.49)) $26.34

(b) In addition to the charges, if any, for sampling and other requested service, a fee will be assessed for each laboratory analysis or test identical with the amount charged by the Federal Grain Inspection Service for laboratory tests performed under authority of the Agricultural Marketing Act and for any postage or other costs of mailing not included in these fees.

(6) Sanitation inspections(([.][,])).

(a) Initial inspection . . . . . . . . . . . . no charge
(b) Reinspections, four hour minimum, per hour, per

employee . . . . . . . . . . . . (($ 25.49)) $26.34

(7) Stowage examinations under the Agricultural Marketing Act will be provided as per WAC 16-212-060 (13) and (14).

(8) Mycotoxin testing fees.

(a) Screening or quantitative testing determinations,

except thin (([layer] [later])) layer chromatography(([,])),

per test . . . . . . . . . . . . $ 37.50

(b) Thin layer chromatography determinations will be assessed (([at])) at a rate identical with the fees charged by the Federal Grain Inspection Service.

(9) Falling numbers determinations, per

determination . . . . . . . . . . . . $ 12.75

Liquefaction number, per determination . . . . . . . . . . . . $ 0.50

[Statutory Authority: RCW 22.09.790.  98-12-058, § 16-212-070, filed 5/29/98, effective 6/29/98.  Statutory Authority: Chapter 22.09 RCW.  94-10-002 (Order 5040), § 16-212-070, filed 4/20/94, effective 5/21/94; 92-15-046, § 16-212-070, filed 7/10/92, effective 8/10/92; 87-01-032 (Order 1913), § 16-212-070, filed 12/12/86; 84-14-065 (Order 1836), § 16-212-070, filed 7/2/84; 83-06-063 (Order 1789), § 16-212-070, filed 3/2/83.  Statutory Authority: RCW 22.09.460.  81-24-066 (Order 1751), § 16-212-070, filed 12/2/81; Order 1490, § 16-212-070, filed 3/1/77; Order 1404, § 16-212-070, filed 6/30/75, effective 8/1/75; Order 1267, § 16-212-070, filed 5/31/72; Order 1118, § 16-212-070, filed 5/29/69, effective 7/1/69; Order 1031, Regulation 8, filed 9/9/66, effective 10/10/66; Order 981, filed 6/1/65; Order 891, filed 7/2/62; Order 790, effective 9/1/59.]


AMENDATORY SECTION(Amending WSR 98-12-058, filed 5/29/98, effective 6/29/98)

WAC 16-212-080
Miscellaneous fees.


(1) Mailing of samples shall be charged at (([the]))

the actual mailing costs, minimum charge . . . . . . . . . . . . $ 2.00

(2) Fee(([s]))s for pickup of samples on routes

established by the department, per sample . . . . . . . . . . . . $ 0.60

(3) Fees for services performed at places other than established grain and commodity inspection points.

(a) Travel time, per employee, will be charged at the applicable straight time or overtime rate from office to inspection point and return.

(b) Mileage will be charged at the current general administration private vehicle mileage reimbursement rate, except where suitable transportation is provided by the applicant. Mileage is assessed on a per call, door to door basis and will be charged in addition to all other inspection fees, hourly rates and applicable charges.

(c) If the travel is of sufficient duration to require payment of subsistence or per diem to the employee, an amount equal to the established subsistence and/or per diem rate (WAC 82-28-040 and 82-28-050) shall be assessed, except where applicable subsistence and lodging are furnished, or paid, by the applicant.

(d) Incidental costs of telephone, mailing, etc. shall be at (([the])) the actual cost(([.])).
(e) Facsimile transmissions, per page . . . . . . . . . . . . $ 1.00
(4) Certificate charges for certificates under the United States Grain Standards Act or the Agricultural Marketing Act of 1946.
(a) Divided original certificates, per

certificate . . . . . . . . . . . . $ 1.50

(b) Extra copies of inspection, protein, weight, falling

number, commodity or aflatoxin certificates, per

copy . . . . . . . . . . . . $ 3.00

(5) Phytosanitary ((certificat[es])) certificates
(a) When performed in conjunction with official

inspection, per certificate . . . . . . . . . . . . $ 6.75

(b) When performed without official inspection, add

sampling fee, per hour(([,])), per

employee . . . . . . . . . . . . (($25.49)) $26.34

(6) Timely payment.  Payment of fees and charges is due within thirty days after the date of the statement.

(a) If payment is not received within thirty days, service may be withheld until the delinquent account is paid; or

(b) In the case of such delinquent accounts, cash payment for subsequent service may be required; and

(c) A penalty of twelve percent per annum shall be assessed on the delinquent account balance.

[Statutory Authority: RCW 22.09.790.  98-12-058, § 16-212-080, filed 5/29/98, effective 6/29/98.  Statutory Authority: Chapter 22.09 RCW.  94-10-002 (Order 5040), § 16-212-080, filed 4/20/94, effective 5/21/94; 92-15-046, § 16-212-080, filed 7/10/92, effective 8/10/92; 84-14-065 (Order 1836), § 16-212-080, filed 7/2/84; 83-06-063 (Order 1789), § 16-212-080, filed 3/2/83.  Statutory Authority: RCW 22.09.460.  81-24-066 (Order 1751), § 16-212-080, filed 12/2/81; Order 1490, § 16-212-080, filed 3/1/77; Order 1404, § 16-212-080, filed 6/30/75, effective 8/1/75; Order 1267, § 16-212-080, filed 5/31/72; Order 1118, § 16-212-080, filed 5/29/69, effective 7/1/69; Order 1031, Regulation 9, filed 9/9/66, effective 10/10/66; Order 981, filed 6/1/65; Order 790, effective 9/1/59.]


AMENDATORY SECTION(Amending WSR 98-12-058, filed 5/29/98, effective 6/29/98)

WAC 16-212-082
Fees for services performed under state regulation.

(1) Inspection of commodities under state of Washington standards or other state, national, or international standards or criteria specified by the applicant, except as noted in this section.

(a) Cultivated buckwheat, safflower, submitted

sample inspection for factors or grade, per

sample . . . . . . . . . . . . $7.50

(b) Rapeseed (except Canola), other commodities

not listed above; inspection under Washington state

standards or other specified standards or criteria,

submitted sample inspection for factors or grade, per

sample . . . . . . . . . . . . (($13.50)) $13.95

(c) Sampling only fees will be assessed at the rates shown in WAC 16-212-070 (4)(a) and (b) and will be assessed in addition to the sample inspection fee when lot inspection is requested.

(d) Inspection of bagged commodities per

cwt . . . . . . . . . . . . $0.0624 effective June 30, 1998;

$0.065 effective July 1, 1998.

(e) Combination inspection and weighing fees assessed at the rates shown in WAC 16-212-060 (([(1)(a), (b), (c), and (d).])) (1)(a), (b), (c), and (d).

(2) Cracked corn, corn screenings, and mixed grain screenings will be inspected and/or weighed at applicable rates shown in WAC 16-212-060.

(3) Unofficial analysis of constituents (protein, oil, etc.) by near-infrared transmittance provided at the applicable rates shown in WAC 16-212-060.

(4) Fees for laboratory analysis of commodities covered by this section, or for the analysis of constituents or conditions of grains or commodities inspected under WAC 16-212-060 or 16-212-070 not provided for in the official standards will be assessed at the current rates established by the federal, state or private laboratory providing the analysis. These fees will be assessed in addition to all other inspection and sampling fees, hourly rates and applicable charges.


Note:This fee is applied in addition to the inspection fee for grading under state standards.


(5) For other laboratory analysis not identified herein, a fee will be assessed for each test or analysis identical with the amount charged by USDA or Washington state agency laboratories.

[Statutory Authority: RCW 22.09.790.  98-12-058, § 16-212-082, filed 5/29/98, effective 6/29/98.  Statutory Authority: Chapter 22.09 RCW.  94-10-002 (Order 5040), § 16-212-082, filed 4/20/94, effective 5/21/94; 92-15-046, § 16-212-082, filed 7/10/92, effective 8/10/92; 87-01-032 (Order 1913), § 16-212-082, filed 12/12/86; 84-14-065 (Order 1836), § 16-212-082, filed 7/2/84.]

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