WSR 00-05-089



[ Filed February 16, 2000, 8:44 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 16-536-040, increase the grower assessment on dry peas and lentils grown in the state of Washington.

Purpose: To consider a proposal from the board of the Dry Pea and Lentil Commission to increase the assessment on all varieties of dry peas and lentils from 1% of net receipts at first point of sale to 2%.

Statutory Authority for Adoption: RCW 15.65.050.

Statute Being Implemented: Chapter 15.65 RCW.

Summary: The proposal, if adopted, will increase the assessment on all varieties of dry peas and lentils grown in the state from 1% of net receipts at the first point of sale to 2%.

Reasons Supporting Proposal: The assessment increase is necessary to conduct needed research programs in the production of peas and lentils and to maintain markets and expand sales of dry peas and lentils grown in Washington.

Name of Agency Personnel Responsible for Drafting: Walter Swenson, 1111 Washington Street, 2nd Floor, Olympia, WA, (360) 902-1928; Implementation and Enforcement: Tim McGreevy, 5070 Highway 8 West, Moscow, ID, (208) 882-3020.

Name of Proponent: Washington Dry Pea and Lentil Commission, private.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Adoption of the rule is subject to approval by a majority of the affected producers voting in a referendum conducted by the Department of Agriculture.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rule will increase the assessment on dry peas and lentils grown in the state of Washington from 1% of net receipts at the first point of sale to 2%. The rule is proposed because the dry pea and lentil faces reduced federal funding in the area of research and market development. Without an assessment increase, the commission will not be able to fund necessary research programs and lose its competitive position in the domestic and international markets.

Proposal Changes the Following Existing Rules: The rule, if approved by a majority vote of the growers, would increase the assessments on dry peas and lentils from 1% of net receipts at the first point of sale to 2%.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule will only affect dry pea and lentil growers in Washington and will only become effective with the approval of a majority of growers voting in a referendum. There will be no disproportionate cost to small businesses because all cost as well as economic benefit to the producer will be in proportion to the level of production of each producer. The rule will not increase cost in equipment, supplies, labor or administrative expenses.

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

Hearing Location: Whitman County Services Building, 310 North Main Street, Colfax, WA 99111, on April 4, 2000, at 7:00 p.m.

Assistance for Persons with Disabilities: Contact WSDA Reception by April 3, 2000, TDD (360) 902-1996, or (360) 902-1976.

Submit Written Comments to: Walter Swenson, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2092, by April 5, 2000.

Date of Intended Adoption: May 25, 2000.

February 16, 2000

William E. Brookreson

Deputy Director

AMENDATORY SECTION(Amending Order 1895, filed 7/3/86)

WAC 16-536-040
Assessments and collections.

(1) Assessments.

(a) The assessment on all varieties of dry peas and dry lentils subject to this marketing order shall be ((one)) two percent of the net receipts at the first point of sale and shall be deducted by the first purchaser from the price paid to the grower. Such assessment shall be remitted to the commission board in accordance with procedures adopted by the commission board: Provided, That such assessment on commercial wrinkled pea seed shall not become effective unless approved by a referendum vote of the affected wrinkled pea seed producers.

(b) Such assessments shall not be payable on any such dry peas and/or lentils used by the producer thereof on his premises for feed, seed and personal consumption.

(2) Collections. Any moneys collected or received by the board pursuant to the provisions of the order during or with respect to any season or year may be refunded on a pro rata basis at the close of such season or year or at the close of such longer period as the board determines to be reasonably adapted to effectuate the declared policies of this act and the purposes of such marketing agreement or order, to all persons from whom such moneys were collected or received, or may be carried over into and used with respect to the next succeeding season, year or period whenever the board finds that the same will tend to effectuate such policies and purposes.

(3) Penalties. Any due and payable assessment herein levied in such specified amount as may be determined by the board pursuant to the provisions of the act and the order, shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the board when payment is called for by it. In the event any person fails to pay the board the full amount of such assessment or such other sum on or before the date due, the board may, and is hereby authorized to add to such unpaid assessment or sum an amount not exceeding ten percent of the same to defray the cost of enforcing the collecting of the same. In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the board may bring a civil action against such person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

[Statutory Authority: Chapter 15.65 RCW. 86-15-002 (Order 1895), 16-536-040, filed 7/3/86, effective 8/4/86; 82-15-020 (Order 1768), 16-536-040, filed 7/13/82; Order 1533, 16-536-040, filed 6/8/77; Marketing Order Article IV, A through C, filed 3/26/65.]

Washington State Code Reviser's Office