WSR 03-02-095

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed December 31, 2002, 4:10 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-22-074.

Title of Rule: WAC 16-303-340 Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum, and small grains.

Purpose: The Washington State Department of Agriculture (WSDA), upon the recommendation of the Washington State Crop Improvement Association, is responding to a seed industry request to increase seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum, and small grains.

Statutory Authority for Adoption: RCW 15.49.310 and 15.49.370(3).

Statute Being Implemented: Chapter 15.49 RCW.

Summary: WSDA proposes increasing the seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum, and small grains by the Office of Financial Management (OFM) fiscal growth rate factor of 3.29%.

Reasons Supporting Proposal: The proposed fee increases are necessary to help offset inflationary increases in the cost of operating that portion of the seed certification program delegated to the Washington State Crop Improvement Association by the WSDA director.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Graydon Robinson, Washington State Department of Agriculture, Seed Program, 21 North 1st Avenue, Suite 203, Yakima, (509) 225-2630.

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: This proposal is in response to an industry request to increase certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum, and small grains. The proposed increases, which are based upon the OFM fiscal growth rate factor of 3.29%, help offset inflationary increases in operating costs for that portion of the seed certification program delegated to the Washington State Crop Improvement Association by the WSDA director.

Proposal Changes the Following Existing Rules: The proposal increases seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum, and small grains by 3.29%.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The WSDA concludes that the proposed increases in current seed certification fees, based upon the OFM fiscal growth rate factor of 3.29%, does not impose a "more than minor cost" on the seed industry and, therefore, a small business economic impact statement is not required according to RCW 19.85.030 (1)(a).

In addition, participation in the seed certification program in Washington is voluntary. Neither the State Seed Act nor any other state regulation requires participation in the program. It is possible to grow, condition, and market quality seeds without participation in the seed certification program. Finally, the fees in this proposal are for inspection services that are entirely voluntary.

RCW 34.05.328 does not apply to this rule adoption. Washington State Department of Agriculture is not a listed agency in RCW 34.05.328 (5)(a)(i).

Hearing Location: Washington State Department of Agriculture, 21 North 1st Avenue, Yakima, WA 98902, on February 4, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Laurie Crose by January 27, 2003, TDD (360) 902-1996.

Submit Written Comments to: Graydon Robinson, Washington State Department of Agriculture, Seed Program, 21 North 1st Avenue, Suite 203, Yakima, WA 98902, fax (509) 454-4395, by February 4, 2003, 5:00 p.m.

Date of Intended Adoption: February 19, 2003.

December 31, 2002

Robert W. Gore

Assistant Director

OTS-6121.1


AMENDATORY SECTION(Amending WSR 02-05-082, filed 2/20/02, effective 3/23/02)

WAC 16-303-340   Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum and small grains.   (1) Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum and small grains are as follows:

(a) Application fee per variety per grower . . . . . . . . . . . .

$((19.39)) 20.02

(b) Field inspection fee per acre except millet and hybrid sorghum . . . . . . . . . . . .

$((2.70)) 2.78

(c) Millet - first acre . . . . . . . . . . . . $((28.84)) 29.78
- each additional acre . . . . . . . . . . . . $((5.76)) 5.94
(d) Hybrid sorghum - first acre . . . . . . . . . . . . $((28.84)) 29.78
- each additional acre . . . . . . . . . . . . $((11.53)) 11.90
(e) Special field inspection fee per

acre . . . . . . . . . . . .

$((2.30)) 2.37

(f) Late application fee . . . . . . . . . . . . $((18.17)) 18.76
(g) Reinspection fee . . . . . . . . . . . . $((36.37)) 37.56
minimum for each field which did not pass field inspection plus $((0.40)) 0.41 for each acre over twenty-five. The reinspection fee for isolation requirements only for a field of any size is $((36.37)) 37.56.
(h) Final certification fee . . . . . . . . . . . . $((0.23)) 0.235
per cwt. of clean seed sampled, which is charged to conditioning plant, or production fee . . . . . . . . . . . .

$0.105

per cwt. of production from fields inspected which is utilized for seed, which is charged to the grower or the final seller prior to brokerage, retail sale, sale to plant not approved for conditioning certified seed, or transshipment out-of-state.
(i) Sampling fee . . . . . . . . . . . . $0.105
per cwt. of clean seed sampled, with minimum charge of ten dollars per sample, which is charged to conditioning plant in lieu of mechanical sampling.

(2) A field may be withdrawn upon notification by the applicant to the certifying agency's office before field inspection. In such case, the field inspection fee is refunded upon request until June 30 of the year following harvest.

(3) Harvest before field inspection causes forfeitures of both the application and field inspection fees, and completion of certification.

[Statutory Authority: RCW 15.49.310, 15.49.370(3) and chapter 34.05 RCW. 02-05-082, 16-303-340, filed 2/20/02, effective 3/23/02. Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 01-01-015, 16-303-340, filed 12/6/00, effective 1/6/01.]

Washington State Code Reviser's Office