WSR 01-15-086

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed July 18, 2001, 10:29 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-11-122.

Title of Rule: Additional section added to chapter 16-400 WAC, Fruit and vegetable inspection fees.

Purpose: To create an inspection fee schedule category for the newly developed "customer assisted inspection program."

Statutory Authority for Adoption: RCW 15.17.140.

Statute Being Implemented: Chapter 15.17 RCW.

Summary: With the development of the customer assisted inspection program, an additional fee schedule category is needed which allows for a reduction in inspection fees. This is due to the fact that the industry is providing personnel to perform inspections with oversight provided by the Washington State Department of Agriculture, fruit and vegetable inspection program.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jim Quigley, P.O. Box 42560, Olympia, WA 98504-2560, (360) 902-1833.

Name of Proponent: Washington State Department of Agriculture, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Section added to existing chapter 16-400 WAC, Fruit and vegetable inspection fees. Will create an additional fee schedule category, which allows for a reduction in inspection fees.

Proposal Changes the Following Existing Rules: Addition of a new section to existing chapter 16-400 WAC, Fruit and vegetable inspection fees, to create an additional fee schedule to include the newly implemented "customer assisted inspection program."

No small business economic impact statement has been prepared under chapter 19.85 RCW. This is not a mandatory service and any financial impact on industry will actually be reduced.

RCW 34.05.328 does not apply to this rule adoption. The Washington State Department of Agriculture is not a named agency under this section of the Administrative Procedure Act.

Hearing Location: Shilo Inn-Moses Lake, 1819 Kittleson Road, Moses Lake, WA, on Tuesday August 21, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Jodi Jones by August 20, 2001, TDD (360) 902-1996.

Submit Written Comments to: Jim Quigley, Program Manager, WSDA Commodity Inspection Division, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2085, by August 24, 2001.

Date of Intended Adoption: August 30, 2001.

July 18, 2001

Robert W. Gore

Assistant Director


NEW SECTION
WAC 16-400-045   Grade and condition certificates -- Customer assisted inspection program (CAIP) certification charges -- Fruits and vegetables.   Charges for grade and condition certificates for all fruits and vegetables issued under this section shall be:

(1) The minimum charge for grade and condition certificates for all fresh fruits and vegetables shall be nine dollars.

(2) Charges for grade and condition certificates for fresh market fruit and vegetables in containers - wrapped, place pack, face and fill, in bags, master containers, consumer packages, or loose in bulk cartons, boxes, crates, bins or in bags, per cwt or fraction thereof:

(a) Federal-State grade certification shall be three-fourths of the cwt. rates specified in WAC 16-400-010 (2)(a) and WAC 16-400-040 (2)(a), but not less than the hourly rate of thirty dollars.

(b) Should the cwt. rate charges total less than thirty dollars per staff hour worked, additional certification charges shall be assessed to equal thirty dollars per hour worked.

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Washington State Code Reviser's Office