WSR 05-12-051

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 26, 2005, 11:25 a.m. , effective June 26, 2005 ]


Purpose: Amendments were made to establish provisions for producer reporting and amend assessment collection requirements. Clarifying provisions for reporting were added to aid producers in understanding the necessary reporting procedures.

Citation of Existing Rules Affected by this Order: Amending WAC 16-532-110.

Statutory Authority for Adoption: Chapter 15.65 RCW, specifically RCW 15.65.047 and 15.65.280, and chapter 34.05 RCW.

Adopted under notice filed as WSR 05-08-102 on April 4, 2005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 1, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.

Date Adopted: May 26, 2005.

Valoria H. Loveland

Director

OTS-7919.1


AMENDATORY SECTION(Amending WSR 97-17-096, filed 8/20/97, effective 9/20/97)

WAC 16-532-110   Requirements for collection of assessments.   (1) Assessments on all hops marketed or processed shall be paid at the rate specified in WAC 16-532-040 to the hop commodity board (commission) by the first handler receiving or handling such hops for or from a producer((, or by the producer if processing occurs before the first sale)). ((Such)) The assessments shall be deducted from the payment to be made by such handler to the producer. If processing occurs before the first sale, the assessment shall be paid by the producer.

(2) Payment of such assessment shall be due and payable on the tenth day of the second calendar month following the receiving or delivery to said first handler or the assumption of control of a producer's hops, or following the date of processing, if processed prior to the first sale, by said first handler or producer.

(3) ((An inventory)) A report on all hops which are ((not marketed or processed)) produced during the preceding crop year, including a breakdown of pounds marketed, pounds not processed or marketed, and pounds processed but not marketed prior to December 31 of the year in which those hops are produced shall be submitted by the producer no later than January 31 of the following year.

(4) Any handler or producer failing to pay on or before the due date set forth for payment in this regulation, shall add ten percent to the total amount due as a cost for collection as prescribed in RCW 15.65.440.

[Statutory Authority: RCW 15.65.050. 97-17-096, 16-532-110, filed 8/20/97, effective 9/20/97. Statutory Authority: Chapter 15.65 RCW. 92-09-068, 16-532-110, filed 4/14/92, effective 5/15/92; Regulation 1, filed 10/16/64.]


NEW SECTION
WAC 16-532-115   Reporting.   (1) A report on all hops which are produced during the preceding crop year, including a breakdown of pounds marketed, pounds not processed or marketed, and pounds processed but not marketed prior to December 31 of the year in which those hops are produced, shall be submitted by the producer no later than January 31 of the following year.

(2) A "custom processing" report on all hops processed but not sold will be submitted to the commission by the custom processor on the form prescribed by the commission.

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Washington State Code Reviser's Office