Date of Adoption: August 28, 2000.
Purpose: To clarify that an assessment is due to the Washington Fruit Commission on fruit which is delivered to Washington processors/handlers. This includes out-of-state fruit shipped into Washington and packed as Washington grown fruit.
Citation of Existing Rules Affected by this Order: Amending WAC 224-12-010, 224-12-030, 224-12-070, and 224-12-080.
Statutory Authority for Adoption: Chapter 15.28 RCW.
Adopted under notice filed as WSR 00-15-069 on July 18, 2000.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
August 28, 2000
Kenneth F. Severn
These regulations apply to
growers, dealers, handlers, and processors of
Washington-grown)) soft tree fruits, which include all
varieties, subvarieties and "sport" varieties of cherries,
apricots, peaches, prunes, plums and Bartlett pears. (Assessments and reporting on tart cherries and plums are
suspended at present.) As to such fruit grown in 1963 and
subsequent years these regulations hereby repeal and supersede
all previous regulations.
[Regulation 1, filed 5/23/63; Regulation 1, filed 6/1/61; Regulations (part), filed 2/23/60.]
(1) Each dealer, handler,
processor, or grower shall keep a complete and accurate record of
Washington-grown)) soft tree fruits handled, shipped,
processed or produced by him. The dealer's or processor's record
of fruit received shall include separate accounts for each grower
or dealer who supplied fruit to him and shall show the supplier's
name and mailing address, dates of purchase, kind of fruit and
quantity of each delivery. There shall also be shown the amounts
of any soft tree fruit assessments that were withheld from the
(2) There shall be kept a separate file on each fresh market shipment, with complete and accurate identification and description of the shipment.
(3) There shall be kept a separate account for each dealer, handler, or processor to whom fruit was sold for further handling or processing, and this record shall contain complete and accurate details of the transactions.
(4) The records described in subsections (1), (2), and (3), shall be maintained currently and kept as the principal place of business - subject to audit - for a period of not less than two years and shall be offered for examination at any reasonable time when official request is made by an authorized representative of the commission.
[Regulation 3-6, filed 5/23/63; Regulation 3-6, filed 6/1/61; Regulations (part), filed 2/23/60.]
(1) Each processor of Washington-grown soft tree fruits shall make an annual processor report to the commission on each soft tree fruit. This report shall show each first handler separately and also in total for individual growers the number of pounds delivered of commercial graded fruit, pounds of cull fruit, and amount of assessment payable on the commercial graded fruit. Processor reports shall also describe utilization of the fruit, showing poundage breakdowns of commercial graded fruit, and culls separately, for the quantities (a) canned, (b) brined, (c) frozen or otherwise processed, (d) resold to any other processor or dealer, and (e) dumped or destroyed.
(2) More than one commodity may be reported on a single processor report, providing time limits for reporting are observed and that the data for each commodity is kept separate and distinct. For each soft tree fruit which he did not process or handle during the current season, the processor shall report "none handled." Processor report forms will be supplied by the commission, laid out in a manner to provide convenient listing of the information desired. Each processor report shall be signed by the owner, executive officer or manager of the firm that is reporting. Washington soft tree fruit assessments shall be deducted by the processor from his growers' accounts, and this may include dealers who are primarily growers.
(3) Transmittal of the processor report and the payable assessments on each commodity shall be made by the processor to the Washington state fruit commission as soon as possible and within 21 days after each season's final delivery of raw fruit at the processor's packing or storing facilities.
(4) Each grower, broker, dealer, or handler of
Washington-grown)) soft tree fruits who sells fruit to a
broker, commercial processor or custom processor shall file,
separately for each processor or broker to whom he sold, a
processor report (or adequate letter of transmittal in lieu
thereof) completed in the same manner and time described above as
for processors and accompanied by payment of any assessments due
the commission on such report. In any case in which the
processor or broker does not deduct the proper assessment from
the grower's account, the grower shall remit the assessment to
the commission at the time he forwards his own processor report.
[Regulation 9-10, filed 5/23/63; Regulation 9-10, filed 6/1/61; Regulations (part), filed 2/23/60.]
(1) The soft fruit act provides that the assessments shall be paid by growers and are due prior to shipment. This includes out of state growers whose soft tree fruit is shipped into Washington and packed as Washington soft tree fruit. Packed as Washington soft tree fruit means soft tree fruits packed or processed in the state.
(2) The manner in which assessments shall be transmitted from the growers to commission, however, is established by these regulations, it being understood that when a handler or processor remits assessments to the commission he will have deducted the proper assessments back through the line of purchase and from the growers' accounts.
(2))) (3) Soft tree fruit assessments are imposed on the
net pounds of commercial graded fruit shipped fresh or delivered
to the processors. Cull fruit, except cherries which are brined,
is exempt from assessments and also exempted are all sales of
five hundred pounds, or less, of commercial graded soft fruit
sold by the grower direct to consumer: Provided, however, That
any shipment in excess of five hundred pounds shall be subject to
said assessments irrespective of the ultimate disposition.
(3))) (4) On December 31 of each year, every Washington
state soft tree fruit dealer, handler or processor shall file
with the commission a written statement that he has -- to the best
of his knowledge -- paid in full to the commission all soft tree
fruit assessments properly due from him for the past season on
both fresh market fruit and processing fruit. Or in the event
that any assessments remain unpaid, such written statement shall
describe the unpaid assessments, the reason for nonpayment, and
make a definite commitment as to the date or dates when the
assessment will be paid.
(4))) (5) These revised regulations, as provided in said
act, have the force and effect of law, and any person who
violates or aids in the violation of any of these regulations is
in violation of Washington state law and is guilty of a
(5))) (6) Ten percent per annum interest as a delinquent
penalty is payable on assessments which are more than thirty days
past due (to help cover extra costs of accounting and
(6))) (7) The seal of the commission shall be circular in
form and contain the following inscription: "WASHINGTON STATE FRUIT
COMMISSION" around the outside of the seal and the word "SEAL" in
the center thereof.
[Regulations 11-15, filed 5/23/63; Regulations 11-14, filed 6/1/61; Regulations (part), filed 2/23/60.]