WSR 05-12-054

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 26, 2005, 11:41 a.m. , effective June 26, 2005 ]


     

     Purpose: This rule-making order adopts amendments to chapter 16-390 WAC, WSDA fruit and vegetable inspection districts, inspection fees and other charges, that increase the following fees in excess of the Office of Financial Management fiscal growth rate factor:


• All cwt. fees.
• The minimum charge for a certificate of compliance (WAC 16-390-150 (4)(a)).
• The field or orchard per acre inspection fee (WAC 16-390-220(1)).
     The department is also adopting a volume discount for apples and pears that are inspected and certified online for domestic shipment, controlled atmosphere certification, etc. (WAC 16-390-020(3)).

     Citation of Existing Rules Affected by this Order: Amending WAC 16-390-020, 16-390-030, 16-390-150, and 16-390-220.

     Statutory Authority for Adoption: Chapter 15.17 RCW, section 309(2), chapter 25, Laws of 2003 1st sp.s.

     Other Authority: Chapter 34.05 RCW.

      Adopted under notice filed as WSR 05-07-155 on March 23, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 0.

     Date Adopted: May 26, 2005.

Valoria H. Loveland

Director

OTS-7954.1


AMENDATORY SECTION(Amending WSR 04-11-078, filed 5/18/04, effective 6/18/04)

WAC 16-390-020   What are the fees for grade and condition certificates for fruit?   WSDA fees for grade and condition certificates for all fruits are:

     (1) A minimum charge of sixteen dollars.

     (2) The fees for federal-state or state grade and condition certificates of all fresh market apples, pears, and soft fruits in containers (wrapped, place pack, face and fill), bags, master containers, consumer packages, or loose in bulk cartons, boxes, crates, bins, or bags are listed in the following table:


Type of Fruit Fees per CWT

or Fraction Thereof
Apples on-line for domestic shipping, CA, etc. $((0.155)) 0.17
Apples for export $0.17
Apricots, cherries, nectarines ((and)), peaches, plums, prunes, other soft fruits, grapes and berries $((0.21)) 0.23
Pears $((0.12)) 0.17
((Plums, prunes, other soft fruits, grapes and berries)) Pears for export

     $((0.16)) 0.17

     (((3) The fees for state grade and condition certification of all fresh market apples, and pears that are in containers (wrapped, place pack, face and fill), bags, master containers, consumer packages, or loose in bulk cartons, boxes, crates, bins, or bags are listed in the following table:

Type of Fruit Fees per CWT

or Fraction Thereof
Apples $0.145
Pears $0.11))

     (3) The department will give a volume discount for apples and pears that are inspected and certified on-line for domestic shipment, controlled atmosphere certification, etc. Packing of up to 4800 cwt per eight-hour shift, the normal inspection fee will be assessed, and every cwt of product above 4800 cwt for that same shift will be charged at $0.12 cwt. Platform inspection fees will still apply (WAC 16-390-200).

     (4) The department charges a fee of ((two)) three dollars ((and fifty cents)) per ton net weight (or fraction thereof) for all apples, pears, stone fruits, berries, and grapes in bulk or in containers that are inspected for processing.

     (5) The department charges a fee of thirty-two dollars per hour, with a minimum certificate charge of sixteen dollars, when an inspection is requested only to verify the product, conveyance, markings, or other factors not related to quality.

[Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25. 04-11-078, § 16-390-020, filed 5/18/04, effective 6/18/04.]


AMENDATORY SECTION(Amending WSR 04-11-078, filed 5/18/04, effective 6/18/04)

WAC 16-390-030   What are the fees for grade and condition certificates for vegetables?   WSDA fees for grade and condition certificates for all vegetables are:

     (1) A minimum charge of sixteen dollars.

     (2) The fees for federal-state or state grade and condition certificates for all fresh market vegetables in containers (wrapped, place pack, face and fill), bags, master containers, consumer packages, or loose in bulk cartons, boxes, crates, bins, or bags are listed in the following table:


Type of Vegetables Fees per CWT

or Fraction Thereof
Asparagus $((0.21)) 0.23
Cantaloupes and corn $((0.125)) 0.14
Onions $((0.08)) 0.09
Potatoes $((0.06)) 0.07
In-state processing potatoes $((0.06)) 0.08
Complete inspection Rate shall be reduced for the level of service required
Tomatoes $((0.19)) 0.21

     (((3) The fee for state grade and condition certification of all fresh market asparagus in containers (wrapped, place pack, face and fill), bags, master containers, consumer packages, or loose in bulk cartons, boxes, crates, bins, or bags is listed in the following table:


Type of Vegetable Fee per CWT

or Fraction Thereof
Asparagus $0.19))

     (4))) (3) For the inspection of vegetables not listed, the department charges a fee of thirty-two dollars per hour.

     (((5))) (4) The department charges a fee of ((two)) three dollars ((fifty cents)) per ton net weight (or fraction thereof) for the inspection of vegetables to be processed, whether in bulk or in containers.

     (((6))) (5) When an inspection is requested only to verify the product, conveyance, markings, or other factors not related to quality, the department charges the rate of thirty-two dollars per hour, with a minimum certificate charge of sixteen dollars.

[Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25. 04-11-078, § 16-390-030, filed 5/18/04, effective 6/18/04.]


AMENDATORY SECTION(Amending WSR 04-11-078, filed 5/18/04, effective 6/18/04)

WAC 16-390-150   What requirements apply to shipping permits and certificates of compliance for fruits and vegetables?   (1) Each shipment of apples, apricots, Italian prunes, peaches, pears, dark sweet cherries, Rainier cherries and asparagus must be covered by a shipping permit. All other sweet cherries, whether certified or not, must have a shipping permit indicating freedom from cherry fruit fly larvae.

     (2) Shipments of apricots, cherries, peaches, prunes, and asparagus to processors do not require a shipping permit.

     (3) A permit or certificate of compliance may be issued without additional charge if the lot is certified.

     (4) If the lot has not been certified, a permit or certificate of compliance may be issued based upon the following charges:

     (a) The minimum charge for a permit or certificate of compliance is ((two)) three dollars ((fifty cents)).

     (b) Two-thirds of the rate for federal-state or state grade and condition certificates applies.

     (c) A permit to ship apples and/or pears to a by-product plant outside the state is three dollars.

[Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25. 04-11-078, § 16-390-150, filed 5/18/04, effective 6/18/04.]


AMENDATORY SECTION(Amending WSR 04-11-078, filed 5/18/04, effective 6/18/04)

WAC 16-390-220   What is the fee for a field or orchard inspection?   The fee for field or orchard inspections made at the applicant's request to determine the presence or absence of disease or insect infestation, or for some other reason is:

     (1) ((Two)) Three dollars ((and fifty cents)) per acre or fraction thereof; or

     (2) At the platform inspection rate specified in WAC 16-390-200(1).

[Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25. 04-11-078, § 16-390-220, filed 5/18/04, effective 6/18/04.]

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