Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-22-094.

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

     Hearing Location(s): Washington State Department of Agriculture, 21 North First Avenue, Suite 103, Conference Room, Yakima, WA 98902, on January 31, 2005, at 11:00 a.m.

     Date of Intended Adoption: February 14, 2005.

     Submit Written Comments to: George Huffman, Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, e-mail ghuffman@agr.wa.gov, fax (360) 902-1802 by 5:00 p.m. on January 31, 2005.

     Assistance for Persons with Disabilities: Contact Virginia Walsh by January 24, 2005, TTY (360) 902-1976.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal is intended to assure that fees charged for Washington Crop Improvement Association services are sufficient to recover operating costs. Seed certification fees for buckwheat, chickpea, field pea, lentil, millet, soybean, sorghum and small grains would be increased by the Office of Financial Management fiscal growth rate factor for fiscal year 2005 (3.03%).

     Reasons Supporting Proposal: The proposed fee increases are necessary to help offset inflationary increases in the cost of operating the Washington State Crop Improvement Association.

     Statutory Authority for Adoption: Chapter 34.05 RCW and RCW 15.49.370(3) and 15.49.310.

     Statute Being Implemented: RCW 15.49.370(3).

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington State Crop Improvement Association, private.

     Name of Agency Personnel Responsible for Drafting and Implementation: Victor Shaul, Yakima, (509) 225-2630; Enforcement: Fawad Shah, Yakima, (509) 225-2630.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The Washington State Department of Agriculture (WSDA) concludes that the proposed increases in current fees, based upon the OFM fiscal growth rate factor, 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).

     A cost-benefit analysis is not required under RCW 34.05.328. The WSDA is not a listed agency under RCW 34.05.328 (5)(a)(i) and, therefore, a cost-benefit analysis is not required.

December 22, 2004

Robert W. Gore

Assistant Director

OTS-7687.1

AMENDATORY SECTION(Amending WSR 04-06-029, filed 2/24/04, effective 3/26/04)

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 . . . . . . . . . . . .	$((20.66)) 21.28
(b) Field inspection fee per acre except millet and hybrid sorghum . . . . . . . . . . . .	$((2.86)) 2.94
(c) Millet - first acre . . . . . . . . . . . .	$((30.73)) 31.66
- each additional acre . . . . . . . . . . . .	$((6.13)) 6.31
(d) Hybrid sorghum - first acre . . . . . . . . . . . .	$((30.73)) 31.66
- each additional acre . . . . . . . . . . . .	$((12.28)) 12.65
(e) Special field inspection fee per acre . . . . . . . . . . . .	$((2.44)) 2.51
(f) Late application fee . . . . . . . . . . . .	$((19.36)) 19.94
(g) Reinspection fee . . . . . . . . . . . .	$((38.76)) 39.93
minimum for each field which did not pass field inspection plus $((0.42)) 0.43 for each acre over twenty-five. The reinspection fee for isolation requirements only for a field of any size is $((38.76)) 39.93.
(h) Final certification fee . . . . . . . . . . . .	$((0.240)) 0.245
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)) $10.30 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 15.49.370(3), 15.49.310 and chapter 34.05 RCW. 04-06-029, § 16-303-340, filed 2/24/04, effective 3/26/04; 03-06-005, § 16-303-340, filed 2/20/03, effective 3/23/03; 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.]

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