WSR 97-12-024

PERMANENT RULES

DEPARTMENT OF AGRICULTURE

[Filed May 29, 1997, 11:10 a.m.]

Date of Adoption: May 29, 1997.

Purpose: To establish a fee schedule for calibration services that will provide increased revenues to more fully support the statutory mandate of RCW 19.94.216 which stipulates that fees shall recover at least seventy-five percent of the costs incurred in performing the service by June 30, 1998.

Citation of Existing Rules Affected by this Order: Amending WAC 16-675-010, 16-675-020, 16-675-030, and 16-675-040.

Statutory Authority for Adoption: RCW 19.94.216 and 19.94.325.

Adopted under notice filed as WSR 97-09-103 on April 23, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 2, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 4, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 2, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 4, repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Section 10, chapter 355, Laws of 1995.

Effective Date of Rule: Thirty-one days after filing.

May 29, 1997

Jim Jesernig

Director

AMENDATORY SECTION (Amending Order 5084, filed 10/18/95, effective 11/18/95)

WAC 16-675-010 Purpose. The department of agriculture promulgates this chapter to implement the provisions of RCW 19.94.216(1) and 19.94.325(2) which allows the director of the state department of agriculture to establish reasonable fees for inspection, tolerance testing and calibration services performed by the metrology laboratory on weights and measures standards.

[Statutory Authority: RCW 19.94.216 and 19.94.325. 95-21-097 (Order 5084), 16-675-010, filed 10/18/95, effective 11/18/95. Statutory Authority: Chapter 19.94 RCW. 94-12-035, 16-675-010, filed 5/25/94, effective 6/25/94. Statutory Authority: RCW 19.94.190 and chapter 19.94 RCW. 90-24-004 (Order 2063), 16-675-010, filed 11/26/90, effective 12/27/90.]

AMENDATORY SECTION (Amending Order 2063, filed 11/26/90, effective 12/27/90)

WAC 16-675-020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Department" means the department of agriculture of the state of Washington.

(2) "Director" means the director of the department or the director's duly appointed representative.

(3) "Laboratory" means ((weights and measures)) the metrology laboratory operated by the department.

(4) "Tolerance testing" means ((the allowable amount of variation from a standard)) a measurement operation performed to determine whether the actual value of a standard, artifact, or instrument is within a permitted tolerance of its nominal value.

(5) "Calibration" means the ((process of comparing weights and measures to known standards and determining if the weights and measures compare to the known standards within a tolerance allowed under chapter 19.94 RCW. This term shall also apply to the repairing of any weights or measures submitted to the laboratory.

(6) "Avoirdupois" means a system of weights and measures based on a pound containing 16 ounces, 7,000 grains or 453.59 grams.

(7) "Metric" means a decimal system of weights and measures based on the meter as a unit length and the kilogram as a unit mass)) comparison of a measurement standard or instrument with another standard or instrument to detect, correlate, report, or eliminate by adjustment any inaccuracy of the compared standard or instrument.

[Statutory Authority: RCW 19.94.190 and chapter 19.94 RCW. 90-24-004 (Order 2063), 16-675-020, filed 11/26/90, effective 12/27/90.]

AMENDATORY SECTION (Amending Order 5084, filed 10/18/95, effective 11/18/95)

WAC 16-675-030 Condition of submitted weights and measures. Weights and measures standards submitted to the laboratory for tolerance testing or calibration must be in a physical condition that makes them acceptable for the service to be performed. Unacceptable weights and measures standards may be returned to the sender at the sender's expense or, if repairs can be made, these repairs shall be charged at the rate of (($50.00)) $65.00 an hour. Repair fees shall be charged in addition to any testing or other calibration fees. Repairs will only be done by written agreement between the department and the owner of the weights or measures to be repaired.

[Statutory Authority: RCW 19.94.216 and 19.94.325. 95-21-097 (Order 5084), 16-675-030, filed 10/18/95, effective 11/18/95. Statutory Authority: Chapter 19.94 RCW. 94-12-035, 16-675-030, filed 5/25/94, effective 6/25/94. Statutory Authority: RCW 19.94.190 and chapter 19.94 RCW. 90-24-004 (Order 2063), 16-675-030, filed 11/26/90, effective 12/27/90.]

AMENDATORY SECTION (Amending Order 5084, filed 10/18/95, effective 11/18/95)

WAC 16-675-040 Schedule of laboratory fees. The following fees will be charged for services performed by the metrology laboratory of the department:

(1) An hourly fee of ((fifty)) sixty-five dollars per hour will be charged for inspection, tolerance testing and calibration services performed at the metrology laboratory.

(2) Inspection, tolerance testing and calibration services performed at other than the metrology laboratory will be charged an hourly rate of ((fifty)) sixty-five dollars per hour plus the current mileage and per diem rates established by the office of financial management.

(3) There will be a minimum one-half hour charge for any services provided by the laboratory.