WSR 02-09-012

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed April 5, 2002, 10:37 a.m. ]

Title of Rule: Chapter 16-400 WAC, Fruit and vegetable inspection fees.

Purpose: Reduce the customer assisted inspection program (CAIP) federal-state grade certification charges for fresh potatoes.

Statutory Authority for Adoption: Chapter 15.17 RCW.

Statute Being Implemented: RCW 15.17.150.

Summary: Agency response to reduce the customer assisted inspection program (CAIP) federal-state grade certification charges for fresh potatoes from 4 1/2 cents per cwt. to 3 1/2 cents per cwt. or thirty dollars per staff hour worked.

Reasons Supporting Proposal: Assessment by the agency of the CAIP pilot program indicated that the current certification charges far exceeded the expenses incurred to perform the certification and justifies the request for a fee reduction and will create a reasonable parity to the income/expense ratio.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jim Quigley, Olympia, Washington, (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: The purpose of the rule is to establish charges for inspections and certifications under the customer assisted inspection program (CAIP) performed by the fruit and vegetable inspection program. The current fees were established to initiate a CAIP pilot program for fresh potato participants. Assessment of the pilot program indicated that the current charges exceeded the normal income/expense ratio to perform the certifications under the CAIP program. The reduction will bring the income/expense ratio to a more reasonable parity. The reduction of inspection fees for the CAIP program will enable more fresh potato packers to participate in the CAIP program as an alternative certification at a reduced cost compared to the traditional certification process.

Proposal Changes the Following Existing Rules: Reduce the certification charges for fresh potato packers from the current fees of three-fourths of the rates specified in WAC 16-400-010 (2)(a), which is 4 1/2 per cwt., but not less than the hourly rate of thirty dollars. The proposal will reduce the certification charges to 3 1/2 cents per cwt. but not less than the hourly rate of thirty dollars per staff hour.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Dannie McQueen, Administrative Regulations Manager, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560 , AND RECEIVED BY June 18, 2002.


April 5, 2002

Robert W. Gore

Assistant Director

OTS-5562.2


AMENDATORY SECTION(Amending WSR 01-18-052, filed 8/30/01, effective 9/30/01)

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 16-400-040 (2)(a), except: Federal-state grade certification for fresh potatoes shall be three and one-half cents per cwt., but not less than the hourly rate of thirty dollars per staff hour worked.

(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.

[Statutory Authority: RCW 15.17.140. 01-18-052, 16-400-045, filed 8/30/01, effective 9/30/01.]

Washington State Code Reviser's Office