HOUSE BILL REPORT

EHB 2832

As Amended by the Senate

BYRepresentatives Youngsman, Rayburn, McLean, Doty and Nealey

Revising provisions for horticultural plants and facilities.

House Committe on Agriculture & Rural Development

Majority Report:  Do pass as amended.  (11)

      Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Nealey, Ranking Republican Member; Baugher, Chandler, Doty, Jesernig, Kirby, McLean, Rasmussen and Youngsman.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE FEBRUARY 7, 1990

BACKGROUND:

The horticultural nursery dealer statutes are administered by the Department of Agriculture.  These statutes levy an annual assessment on fruit trees, fruit tree seedlings, fruit tree rootstock, and rootstock used for fruit trees.  The assessments and inspection fees collected under the statutes are to be used for certification and nursery improvement programs including those for testing and improving fruit trees.

Violations of these statutes or the rules adopted under them are misdemeanors or gross misdemeanors for subsequent offenses.  In lieu of this penalty, a person who conducts certain activities without a license or permit is subject to a civil penalty of not more than $200.

SUMMARY:

BILL AS AMENDED:  Civil Penalties.  The maximum amount of the civil penalty which may be levied by the director of Agriculture under the horticultural nursery dealer statutes is increased from $200 to $1,000.  Rather than applying only to persons conducting certain activities without a license or permit, the penalty now applies to any violation of the nursery dealer statutes or the rules adopted under them.  It also now applies to any person who aids or abets in a violation.

Assessments.  The plants which are subject to assessment under the nursery dealer statutes now include nursery stock of fruit tree related ornamental trees of certain specified genera.  In general, such assessments are based on the first sale price of the stock.  The plant certification and nursery improvement programs funded by the assessments are expanded to include those for fruit tree related ornamental trees.

Fees - Due.  Fees for inspections conducted under these statutes are due upon billing by the Department of Agriculture, rather than due the next business day after the inspection.  A late fee is established for payments which are overdue.  In addition, the director may refuse to provide services under the nursery dealer statutes to persons whose payments are overdue.

Other.  The authority expressly granted to the director to condemn horticultural plants under the nursery dealer statutes is expanded.

The composition of the advisory committee established by the nursery dealer statutes to oversee their administration is altered.  The association officeholders who are currently designated as members are no longer so designated but must be consulted in the appointment of the not less than four members who are to represent the industry.  Committee members serve three-year terms.

Conservation districts are included among the groups which may conduct certain limited sales of horticultural plants without obtaining a license.  The fees for the permits which these groups must secure in lieu of licenses are to be determined by the director by rule, rather than being set by law as $2.

The labeling requirements for shipments and units of sale of horticultural plants are altered.

AMENDED BILL COMPARED TO ORIGINAL:  The amendment permits a color picture to be used in lieu of the varietal name in satisfying labeling requirements, but not in lieu of other labeling requirements.

EFFECT OF SENATE AMENDMENTS:  The amendment removes the criminal penalties provided by current law for violations of the horticultural nursery dealer statutes.

Fiscal Note:      Requested January 15, 1990.

House Committee ‑ Testified For:    Mike Schwisow, Department of Agriculture; and Bruce Briggs, Washington State Nursery Landscape Association.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    (1) Producers of ornamental trees wish to be able to use the nursery stock certification program for virus indexing.  The bill adds these trees to the assessment and certification program. (2) The exemption from licensure provided to conservation districts recognizes that these districts are providing conservation plantings as a service at cost.  (3) The bill permits the advisory committee to be expanded.

House Committee - Testimony Against:      None.

VOTE ON FINAL PASSAGE:

      Yeas 95; Absent 2; Excused 1

Absent:     Representatives Braddock, Wineberry.

Excused:    Representative Todd.