WSR 01-21-054

PERMANENT RULES

DAIRY PRODUCTS COMMISSION


[ Filed October 16, 2001, 8:53 a.m. , effective January 1, 2002 ]

Date of Adoption: September 25, 2001.

Purpose: The Washington Dairy Products Commission collects assessments on milk produced to fund programs, which positively affect the demand for dairy products through marketing, promotion, and educational endeavors. The increase in the assessment level will allow for implementation of powers and duties vested to the Washington Dairy Products Commission in RCW 15.44.060(10), such as the participation in federal and state agency hearings, meetings, and other proceedings in relation to the regulation of the production, manufacture, distribution, sale or use of dairy products, to provide educational meetings and seminars for the dairy industry on such matters, and to expend commission funds for such activities. The current assessment level falls within the Federal Dairy and Tobacco Adjustment Act of 1983, Title I, Subtitle B-Dairy Promotion Program, Section 113. Section 113(j) prohibits funding for the above-specified activities from assessments collected under the federal program. By increasing the current assessment level beyond the level mandated by the federal program the Washington Dairy Products Commission will be able to implement those activities prohibited under the federal program with these additional funds. Funding of the above-mentioned activities will ensure the industry's viability and create a more positive environment for dairy farming.

Citation of Existing Rules Affected by this Order: Amending WAC 142-30-010.

Statutory Authority for Adoption: RCW 15.44.060(1), 15.44.130, 15.44.080.

Adopted under notice filed as WSR 01-12-058 on June 20 [4], 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: January 1, 2002.

September 25, 2001

Steve Matzen

General Manager

OTS-4824.1


AMENDATORY SECTION(Amending Order 85-4, filed 7/5/85)

WAC 142-30-010   Declaration of purpose -- Effective date.   To effectuate the purposes of chapter 15.44 RCW there is hereby levied upon all milk produced in this state an assessment of:

(1) 0.75 percent of the Class I price for 3.5% butterfat milk, as established in any market area by a market order in effect in that area or by the state department of agriculture in case there is no market order for that area((, or)); or

(2) While the Federal Dairy and Tobacco Adjustment Act of 1983, Title I, Subtitle B-Dairy Promotion Program, is in effect:

(a) An assessment rate not to exceed the rate approved at the most recent referendum that would achieve a ten cent per hundredweight credit to local, state or regional promotion organizations provided by Title I, Subtitle B of the Federal Dairy and Tobacco Adjustment Act of 1983((. The effective date of WAC 14-30-010 [142-30-010] shall be August 4, 1985)); and

(b) An additional assessment of .00625 (five-eights of one cent) per hundredweight.

[Statutory Authority: RCW 15.44.130. 85-15-003 (Order 85-4), 142-30-010, filed 7/5/85. Statutory Authority: Chapter 15.44 RCW. 83-08-019 (Order 83-2), 142-30-010, filed 3/29/83; Order 2-76, 142-30-10 (codified as WAC 142-30-010), filed 11/15/76, effective 1/1/77.]

Washington State Code Reviser's Office