WSR 01-05-047

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed February 15, 2001, 8:37 a.m. ]

Date of Adoption: February 15, 2001.

Purpose: This rule provides for the annual assessment of blueberries established to support the purposes and objectives of the Washington Blueberry Commission provided for in the commission's marketing order. This adoption will reduce the assessment on all varieties of blueberries from three-quarters of a cent per affected unit (pound) to four-tenths of a cent per affected unit (pound).

Citation of Existing Rules Affected by this Order: Amending WAC 16-550-040.

Statutory Authority for Adoption: Chapter 15.65 RCW.

Adopted under notice filed as WSR 00-21-078 on October 17, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

February 15, 2001

Jim Jesernig

Director


AMENDATORY SECTION(Amending WSR 91-01-054 (Order 2068), filed 12/13/90, effective 1/13/91)

WAC 16-550-040   Assessments and collections.   (1) Assessments.

(a) The annual assessment on all varieties of blueberries shall be ((three-quarters)) four-tenths of a cent per affected unit (pound).

(b) For the purpose of collecting assessments, the board may:

(i) Require handlers to collect producer assessments from producers whose production they handle, and remit the same to the board; or

(ii) Require the person subject to the assessment to give adequate assurance or security for its payment.

(c) Subsequent to the first sale no affected units shall be transported, carried, shipped, sold, marketed, or otherwise handled or disposed of until every due and payable assessment herein provided for has been paid and the receipt issued. The foregoing shall include all affected units shipped or sold, both inside and outside the state.

(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 prorata 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: RCW 15.65.020 and 15.65.140. 91-01-054 (Order 2068), 16-550-040, filed 12/13/90, effective 1/13/91. Statutory Authority: Chapter 15.65 RCW. 79-01-046 (Order 1594), 16-550-040, filed 12/21/78; Order 1116, 16-550-040, filed 5/14/69, effective 6/15/69.]

Washington State Code Reviser's Office