Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-04-078.

     Title of Rule and Other Identifying Information: The department is proposing to repeal chapter 16-239 WAC, WSDA grain inspection program -- Definitions, standards, fees and charges and replace it with chapter 16-240 WAC, WSDA grain inspection program -- Definitions, standards, and fees, which is written in a clear and readable style and format. The proposed new chapter:

•	Simplifies grain inspection fees by deleting many minor fee categories.
•	Changes the calculation of inspection fees assessed by the ton from a short-ton fee basis (2000 pounds) to a metric-ton fee basis (2204.6 pounds).
•	Increases some line item fees in excess of the fiscal growth factor.

     Hearing Location(s): Washington State Department of Agriculture, Natural Resources Building, Conference Room 271, 1111 Washington Street S.E., Olympia, WA 98504-2560, on Thursday, April 28, 2005, at 1:30 p.m.

     Date of Intended Adoption: May 17, 2005.

     Submit Written Comments to: Randy Deike, Grain Inspection Program Manager, Commodity Inspection Division, P.O. Box 42560, Olympia, WA 98504-2560, e-mail rdeike@agr.wa.gov, fax (360) 902-2085, by Thursday, April 28, 2005, 5:00 p.m.

     Assistance for Persons with Disabilities: Contact Virginia Walsh by April 22, 2005, TTY (360) 902-1976 or (360) 902-1996.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed rule is to:

     (1) Change the tonnage assessment basis from short tons (2000 pounds) to metric tons (2204.6) to align with industry practice.

     (2) Delete many fee categories, simplify the fee schedule, and provide clarity to address customer concerns on the application of some fees.

     (3) Adjust fees to account for high volume operations and clearly define notification procedures to ensure services.

     (4) Increase current grain inspection fees where necessary to adjust for deleted fee categories and to cover the program's cost of doing business. The adjustments are necessary to allow the program to continue to provide the level of services that the industry expects and continue to comply with RCW 22.09.790, which requires that the department recover the costs it incurs for inspecting, weighing, and grading grain.

     (5) Since the proposed changes in language and format are quite extensive, the program decided to repeal chapter 16-239 WAC and replace it with chapter 16-240 WAC. With the exception of the fee increases and a new service option, applicant assisted official railcar sampling, no new requirements are contained in chapter 16-240 WAC. The requirements in chapter 16-240 WAC are the same as those in chapter 16-239 WAC; they have simply been rewritten and reformatted to improve the rule's clarity.

     Reasons Supporting Proposal: (1) The fee increases are necessary to comply with RCW 22.09.790. They help offset increased operational costs incurred in providing program services and help maintain operating reserves appropriate for a program supported entirely by user fees.

     (2) The rewriting of the rule in clear and readable language within the context of a user-friendly format is the result of the department's on-going rule review mandated by executive order 97-02. Changes in language and format have been made to comply with the executive order's clarity criteria. In addition, rewriting the rule was undertaken to comply with RCW 34.05.220(5), which states: "To the extent practicable, any rule proposed or adopted by an agency should be clearly and simply stated, so that it can be understood by those required to comply."

     Short Explanation of the Proposed Rule, its Purpose, and Anticipated Effects: (1) Chapter 16-240 WAC is a rewrite of the current chapter 16-239 WAC in plain English wherever possible. With the exception of the increase in fees, no requirement in the current chapter 16-239 WAC has been changed. It is anticipated that the new, clearly written rule will result in:

•	Better understanding of grain inspection rule requirements by industry;
•	Increased compliance with those requirements by industry; and
•	Better enforcement of those requirements by program staff.

     (2) In the new chapter, the rule sections contained in chapter 16-240 WAC have been rearranged into a more logical sequence, retitled to reflect section content, and rewritten so they are easier to read and understand.

     (3) Chapter 16-240 WAC reflects changes in user fees beyond the OFM fiscal growth rate factor for fiscal year 2006, effective July 1, 2005. It is anticipated that these adjustments in hourly and unit fees will provide the program with sufficient revenue to comply with RCW 22.09.790 and continue to provide the industry with the level of service that it requires.

     (4) Fees and rates in chapter 16-240 WAC are presented using a tabular format as was used in chapter 16-239 WAC.

     Description of Changes to Specific Rule Sections: A comparison between chapters 16-239 and 16-240 WAC may be found at www.agr.wa.gov.

Summary of Fee Changes -- Domestic
Hourly Rates for Services Provided by the Grain Inspection Program -- Domestic

Service	Current Rate	Proposed Rate
1. Straight time hourly rate.	$29.50	$30.00
2. Overtime hourly rate.	$7.70	$15.00
3. Scale Authorization hourly rate. Applies to scales operating under USDA, GIPSA authority. Personnel from the QAQC Laboratory provide this service.	$39.00	$50.00
4. Service cancellation fee, per employee. Replaces some occasions currently cited as four-hour minimum standby fee.		$150.00

Services Provided under the United States Grain Standards Act -- Domestic

Service	Current Rate	Proposed Rate
1. Submitted samples. The new rate does not charge for barley dockage shown to tenths on the certificate. Canola submitted samples reduced from $15.75 to $9.00.	$8.50	$9.00
2. Reinspections based on file sample. Canola reinspections reduced from the hourly rate to $9.00.	$10.00	$9.00
3. Railcars. No change in probe sampling of railcars.	$26.50	$26.50
4. Applicant assisted official railcar sampling. New service: The reduced rate would apply when the applicant provides personnel to assist WSDA personnel in the probe sampling process. The service would be considered officially sampled and result in a white certificate.	N/A	$17.00
5. Protein analysis.	$6.90	$7.00
6. Protein only or protein reinspection. Fees reduced to match the original analysis rate.	$9.25	$7.00
7. Additional nongrade determining factors.	$2.75	$3.00

Services Provided under the Agricultural Marketing Act -- Domestic

Service	Current Rate	Proposed Rate
1. Submitted samples. Dockage breakdown is included in the proposed inspection fee of $19.00. In the current schedule, dockage breakdown is provided as an additional factor at $2.75 per determination.	$15.75	$19.00
2. Bagged commodities, per hundredweight. The proposed rate equates to $4.32 for a 480-bag container lot or $12.60 for a 1400-bag railcar lot.	$0.071	$0.080
3. Sample and inspect railcars. Currently, the hourly rate of $29.50 applies to bulk commodities as they are generally presented as single unit railcars that require at least an hour to sample, inspect, and certify. The $26.50 railcar fee applies when cars are presented in multiple. Under the new rule, in most instances, the proposed net increase is $0.50 per railcar.	$26.50/ $29.50	$30.00
4. Additional nongrade determining factors. Applies to any requested additional factors except for dockage breakdown.	$2.75	$3.00
5. Falling number analysis. Includes liquefaction number, on request.	$14.25	$15.00

Services Provided under Washington State Rules -- Domestic

Service	Current Rate	Proposed Rate
1. Submitted sample. Primarily applied for Buckwheat analysis under WSDA standards.	$8.44	$9.00
2. Sample pick up fee. This service is provided during harvest on program established routes from the Pasco and Spokane offices.	$0.66	$0.85
3. Phytosanitary certification. The current fee schedule provides for the $7.50 certificate preparation fee plus at least one-half hour at the hourly rate of $29.50 to accomplish the research necessary to issue the certificate. The hourly rate is assessed in one-half hour increments. Most phytosanitary certificates are issued at a fee of $22.25 (one-half of $29.50 plus $7.50).	$7.50/ $22.75	$25.00
4. Mileage (effective January 1, 2005). The proposal would change the mileage assessments from door to door for all services provided away from the inspection office to assessment of mileage only for those locations beyond ten miles from the inspection office. This change eliminates the burden of tracking mileage in small increments. Locations beyond ten miles will continue to pay door-to-door mileage assessments.		$0.405

Summary of Fee Changes -- Export
Hourly Rates for Services Provided by the Grain Inspection Program -- Export

Service	Current Rate	Proposed Rate
1. Straight time hourly rate.	$29.50	$30.00
2. Overtime hourly rate.	$7.70	$15.00
3. Scale authorization hourly rate. Applies to scales operating under USDA, GIPSA authority. Personnel from the QAQC Laboratory provide this service.	$39.00	$50.00
4. Service cancellation fee, per employee. Replaces some occasions currently cited as four-hour minimum standby fee and adds language to address cancelled vessel inspection services.		$150.00

Services Provided under the United States Grain Standards Act -- Export

Service	Current Rate	Proposed Rate
	(Short)	(Metric)
1. Barges, per ton (no change).	$0.138	$0.152
2. In, out, or local.		$0.150
3. Vessels, first 2,500,000 metric tons.	$0.142	$0.20
4. Vessels, 2,500,001 to 4,000,000 metric tons.	$0.131	$0.15
5. Vessels, 4,000,001 to 5,500,000 metric tons.	$0.128	$0.10
6. Vessels, over 5,500,000 metric tons. The proposed vessel tonnage breakpoint fees would be assessed for metric ton volumes exported by a facility during a fiscal year. Under the proposed rate, additional factors on the load order are included in the tonnage rate.	$0.120	$0.05
The tonnage rates and breakpoints were adjusted to balance fee categories that are proposed for elimination or reduction. The change in tonnage assessments would result in an increase of 7.6% if the volumes handled in the 2004 fiscal year were duplicated. The first breakpoint of 2,500,000 metric tons equates to 2,755,750 short tons and the associated $0.20 per metric ton equates to a rate of $0.181 per short ton.
The second breakpoint of 2,500,001-4,000,000 metric tons equates to 2,755,751- 4,409,200 short tons and the associated $0.15 per metric ton equates to $0.136 per short ton.
The third breakpoint of 4,000,001 to 5,500,000 metric tons equates to 4,409,201-6,062,650 short tons and the associated $0.100 per metric ton equates to $0.091 per short ton.
The fourth breakpoint of over 5,500,000 metric tons equates to over 6,062,650 short tons and the associated $0.050 per metric ton equates to $0.045 per short ton.
7. Sample, inspect, weigh container.	$16.80	$22.00
8. Submitted sample.	$8.50	$9.00
9. Protein in conjunction with grade.	$6.90	$7.00
10. Vessel stowage examination or reinspection. Under current rates, an examination of a seven-hold vessel at midstream would total $247.30 (basic $134.50 + two-hour minimum $29.50 + $29.50 plus extra holds + $26.90 + $26.90 = $247.30) during regular office hours. Under current rates, an additional four-hour minimum + $118.00 would apply if the service were provided on a Saturday, Sunday, or holiday. The proposed rate is a flat fee plus travel en route and return only, overtime, and mileage, if applicable. A service cancellation fee would be applied if applicable.		$300.00
11. Other stowage examination services.	$9.00	$9.00

Services Provided under the Agricultural Marketing Act -- Export

Service	Current Rate	Proposed Rate
1. Falling number determination. Under the proposed rule, includes liquefaction number on request.	$14.25	$15.00

     Statutory Authority for Adoption: Section 309(2), chapter 25, Laws of 2003 1st sp.s., RCW 22.09.790, and chapter 34.05 RCW.

     Statute Being Implemented: Chapter 22.09 RCW.

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

     Name of Proponent: Washington State Department of Agriculture, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Randall R. Deike, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-1921.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires that an agency must prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on businesses in an industry. The department surveyed seventy-two entities affected by the proposed amended fee schedules. Nineteen entities responded to the survey with three surveys returned as undeliverable. The response rate was 27.5% (19/69). All respondents were "small businesses" as defined by RCW 19.85.020(1). Based upon the responses received, the new costs imposed by the proposed fee schedules are $00.03 per $100 of sales (.0003%). The department has concluded that such an increase does not impose a "more than minor impact" upon the regulated industry. Therefore, a formal SBEIS is not required.

     A cost-benefit analysis is not required under RCW 34.05.328. Washington State Department of Agriculture is not a named agency in RCW 34.05.328.

March 22, 2005

Robert W. Gore

Assistant Director

OTS-7852.1

     "Fee" means any charge made by the department for:

     (1)Inspecting and handling any commodity; or

     (2) Any service related to weighing or storing grains or commodities.

     "GIPSA, FGIS" means the Grain Inspection, Packers and Stockyards Administration, Federal Grain Inspection Service.

     "Metric ton" means two thousand two hundred four and six-tenths pounds.

     "Official commercial inspection services" means a contractual agreement between the applicant and the department for services specified by the applicant that will be provided at an applicant's facility.

     "Revenue minimum" means the amount of revenue that must be collected by the department to offset expenses. In order to act as an official inspection agency under the United States Grain Standards Act and the Agricultural Marketing Act of 1946, the program must collect revenue to offset expenses. The grain inspection program is supported entirely by the fees it generates from the services it provides as required by RCW 22.09.790. The circumstances under which charges occur to collect the revenue minimum are stated in WAC 16-240-038.

     "Service point" means the Washington state department of agriculture offices and surrounding service areas authorized by the Federal Grain Inspection Service to provide sampling, inspecting, weighing, and certification services.

     "USDA" means the United States Department of Agriculture.

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     (1) Service points:

     (a) Colfax.

     (b) Kalama.

     (c) Olympia.

     (d) Pasco.

     (e) Seattle.

     (f) Spokane.

     (g) Tacoma.

     (h) Vancouver.

     (2) Aberdeen has been delegated to Washington state as a service point by the Federal Grain Inspection Service. Services for Aberdeen are as follows:

     (a) Services for Aberdeen may be requested through the Tacoma grain inspection office.

     (b) Travel time and mileage will be assessed from Tacoma to Aberdeen for all services requested at Aberdeen until a permanent staff is established.

     (3) Inspection points may be added or deleted within the department's delegated and designated service area.

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     (1) Grains with standards or inspection criteria established under the United States Grain Standards Act;

     (2) Commodities with standards or inspection criteria established under the Agricultural Marketing Act;

     (3) Commodities with standards or inspection criteria established under Washington state standards; and

     (4) By-products resulting from conditioning or processing the grains and commodities listed in this section.

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     (1) The grades and standards established by the United States Department of Agriculture from August 1, 1984, to the present that apply to all grains and commodities regulated by this chapter.

     (2) The procedures to sample, grade, test and weigh grains and commodities, established by the regulations and instructions under the United States Grain Standards Act and the Agricultural Marketing Act of 1946.

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     (1) Service requests must be received by the inspection office by 2:00 p.m. of the last business day before the requested service.

     (a) The notification requirement allows the department to secure adequate staffing to supply the requested service and to accommodate leave or adjust staffing for anticipated workloads.

     (b) The notification requirement applies even if there is permanent staffing at the location (see WAC 16-240-036).

     (c) Failure to meet the notification requirement may result in denial of service.

     (2) Service requests beyond the office's usual scope or volume will be provided only if adequate numbers of qualified employees are available.

     (3) The department reserves the right to determine the number of personnel necessary to provide the requested service.

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     (1) Requests for permanent staffing of day, night, swing, or graveyard shifts must be made in writing at least seven business days prior to the beginning of the month for which the shift(s) are requested.

     (a) Requests for permanent staffing of any night, swing or graveyard shift will be deemed to include a request for permanent staffing of the day shift.

     (b) The requested shift(s) will be established if the department has an adequate number of trained personnel.

     (c) Confirmation of staffing requirements must be received by the inspection office by 2:00 p.m. each day Monday through Friday, for the next service day, and by 2:00 p.m. of the last business day before a Saturday, Sunday, or holiday (see WAC 16-240-034).

     (d) Failure to meet the notification requirement may result in denial of service.

     (2) When the department is able to staff the permanent night, swing, or graveyard shift(s) requested by the applicant, the overtime rate established under WAC 16-240-048 will be waived for the requested shift(s).

     (3) Once established, permanent shifts will continue for a minimum of one calendar month.

     (a) The request for a permanent shift will remain in effect until canceled.

     (b) Cancellation requests must be received, in writing, at least fifteen business days prior to the end of the month.

     (c) Applicants will be assessed for any shifts established at their request until the cancellation notice period has expired.

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     (1) When the volume of work at the established fees does not generate revenue equivalent to the straight time hourly rate per hour, per employee, the straight time hourly rate will be assessed per hour, per employee.

     (2) Daily averaging at export locations:

     (a) When the daily volume of work at the established fees does not generate revenue equivalent to the straight time hourly rate per hour, per employee, including applicable supervisory and clerical employee hours, the department charges a fee to recover expenses.

     (b) The straight time hourly rate will be assessed per hour, per employee.

     (c) Service cancellation fees, WAC 16-240-054, are not considered to be revenue under daily averaging.

     (3) Monthly averaging at export locations:

     (a) When the applicant has requested the department to establish one or more permanent shifts, the applicant may request, in writing, that the revenue minimum required for staffing at the location be determined based on the completed invoices for the calendar month, instead of paying the fees for daily volumes of work.

     (b) When the monthly volume of work at the established fees does not generate revenue equivalent to the straight time hourly rate per hour, per employee, including applicable supervisory and clerical employee hours, the department charges a fee to recover expenses.

     (c) The straight time hourly rate will be assessed per hour, per employee.

     (d) At export locations, the request for monthly averaging stays in effect until canceled.

     (e) Requests to establish or cancel monthly averaging for the coming month must be received by 2:00 p.m. of the last business day in the month.

     (f) Service cancellation fees, WAC 16-240-054, are not considered to be revenue under monthly averaging.

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     (1) Appropriate space, equipment and security must be provided by the applicant.

     (2) The applicant must provide a written document fully describing the services requested. The applicant must fully describe the requested services in writing so the department can determine appropriate staffing levels and develop a guarantee of expenses proposal.

     (3) The department must be able to provide appropriate licensed personnel to accomplish the service requested.

     (4) A guarantee of expenses is negotiated.

[]

     (1) Services may be withheld until the delinquent account is paid; or

     (2) Cash payment for subsequent services may be required.

     The department assesses a penalty of twelve percent per annum on all delinquent account balances.

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     (1) The GIPSA, FGIS scale authorization fee established in WAC 16-240-060, per hour, per employee is assessed when GIPSA, FGIS scale authorization services are performed.

     (2) In addition to the hourly GIPSA, FGIS scale authorization fee; the department may assess travel time at the scale authorization hourly rate, mileage beyond ten miles, per diem, or overtime, if applicable.

     (3) All scales in Washington state under USDA, GIPSA, FGIS jurisdiction must comply with the following testing requirements:

     (a) Scales must be tested and certified for accuracy at least twice each year by an authorized Washington state department of agriculture scale specialist or a USDA, GIPSA, FGIS scale specialist.

     (b) When tested by the department or by USDA, GIPSA, FGIS, a seal must be placed on the scales. This seal must be dated and must indicate approval or rejection.

     (c) When scales are tested, copies of the test report must be:

     (i) Forwarded to USDA, GIPSA, FGIS;

     (ii) Maintained by the department; and

     (iii) Maintained at the facility where the scale is located.

     (4) The scale authorization fee is assessed in one-half hour increments.

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     (1) An hourly fee is specified in the schedule of fees.

     (2) No other fee is established in the schedule of fees.

     (3) The revenue minimum under WAC 16-240-038 applies.

     (4) The revenue minimum required for staffing at export locations determined on a daily or monthly basis under WAC 16-240-038 applies.

     (5) No contractual agreement supersedes the straight time rate.

     (6) Straight time is assessed in one-half hour increments.

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     (1) Anytime on Saturdays, Sundays, or holidays.

     (2) Before or after regularly scheduled office hours, Monday through Friday.

     (3) During established meal periods on any shift.

     (4) For services requested at unstaffed export locations.

     (5) Overtime is assessed in one-half hour increments.

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     (1) Travel time: When department personnel perform services at locations other than service points, the applicant, in addition to the fee for the service performed, must pay the department for travel time as follows:

     (a) Travel time for each department employee from the established service location to the inspection point and return at the hourly rates in effect at the time the service is performed; except

     (b) Travel time for scale authorization is charged from the scale specialist's location to the scale location and return at the hourly scale authorization rate shown in WAC 16-240-060, USGSA -- AMA -- WSDA Table 1.

     (2) Mileage: Mileage will be assessed to inspection locations beyond ten miles from a service point location. Mileage will be assessed from the service point location to the inspection point and return.

     (a) For scale authorization services on scales located beyond ten miles from the scale specialist's location, mileage will be assessed from the scale specialist's location to the scale location and return.

     (b) Mileage will be prorated among applicants when multiple service stops can be scheduled during a single service trip.

     (c) The mileage rate is assessed according to the state of Washington office of financial management private vehicle mileage reimbursement rate in effect at the time the service is performed.

     (3) Per diem: Per diem may be assessed when an employee is required to travel to provide services. The charge will be at the rate established by the state of Washington office of financial management that is in effect at the time the service is performed.

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     (a) At anchor stowage examination services will be conducted at the convenience of the designated grain inspection office during daylight hours under safe working and weather conditions.

     (b) The applicant is responsible for securing licensed tug or water taxi to provide safe transportation to and from the anchor point.

     (c) Two vessel or ship's agent representatives will accompany each WSDA inspector performing stowage examination services.

     (d) In addition to the fee in USGSA Table 7, the department may assess, as applicable, the following fees:

     &sqbul; WAC 16-240-048 (rates outside of established business hours);

     &sqbul; WAC 16-240-050 (travel, mileage beyond ten miles, per diem);

     &sqbul; WAC 16-240-054 (service cancellation fee).

     (2)The following rules apply for fees for other stowage examination services:

     (a) Fees for stowage examination services will not be assessed when official sampling and inspection occurs at the time of loading or when official check loading is performed, unless the applicant requests an official stowage examination certificate.

     (b) The stowage examination requirement associated with service at the time of loading may be waived in accordance with GIPSA, FGIS Directive 9020.1, available from United States Department of Agriculture, Grain Inspection, Packers and Stockyards Administration, Federal Grain Inspection Service.

     (c) The applicant is responsible for assuring stowage space is readily accessible to inspection personnel.

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     (1) When a service is requested before or after the inspection office's established hours, a cancellation fee would apply as follows:

     (a) When a service is requested before or after an office's standard Monday through Friday shifts, or anytime on Saturdays, Sundays, or holidays; and

     (b) The requested service is canceled after 2:00 p.m. of the last business day before the requested service; then

     (c) A service cancellation fee will be assessed per employee scheduled.

     (2) At locations where monthly averaging has been instituted, a cancellation fee would apply as follows:

     (a) A request for service must be filed by 2:00 p.m. on the last business day before service to guarantee full staffing at the service location;

     (b) When full staff at the location is requested and then canceled or services are not actually performed through no fault of the department; then

     (c) The service cancellation fee will be assessed per employee scheduled.

     (3) When service is requested for a vessel inspection, a cancellation fee would apply as follows:

     (a) When a vessel inspection is requested and then canceled after 2:00 p.m. of the last business day before the requested service, a cancellation fee will apply.

     (b) The service cancellation fee will be assessed per employee scheduled to inspect the vessel.

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USGSA -- AMA -- WSDA Table 1
     WSDA Grain Program Fees for Service

[]

     (2) Fees that are not specifically cited in WAC for services under the United States Grain Standards Act are described below.

     (a) Fees for other services under the United States Grain Standards Act not specifically cited in WAC 16-240-070 are provided at the rates contained in WAC 16-240-080 or 16-240-090 and/or at the published rates of the laboratory or organization providing the official service or analysis.

     (b) An applicant may be required to provide the necessary supplies and equipment when requesting a new or special type of analysis.

USGSA Table 1
     Fees for Combination Inspection and Weighing Services

USGSA Table2
     Fees for Official Sampling and Inspection Without Weighing Services

USGSA Table 3
     Fees for Official Class X Weighing Services Without an Inspection of Bulk Grain

USGSA Table 4
     Fees for Inspection of Submitted Samples, Fees for Reinspections Based on Official File Samples and Fees for Additional Factors

USGSA Table 5
     Fees for Official Analysis for Protein, Oil, or Other Official Constituents

USGSA Table 6
     Fees for Testing for the Presence of Mycotoxins Using USDA Approved Methods

USGSA Table 7
Fees for Stowage Examination Services on Vessels or Ocean-Going Barges and Fees for Other Stowage Examination Services

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     (2) Fees that are not specifically cited in WAC for services under the Agricultural Marketing Act of 1946 are described below.

     (a) Fees for other services under the Agricultural Marketing Act of 1946 not contained in WAC 16-240-080 are contained in WAC 16-240-070 or 16-240-090 and/or at the published rates of the laboratory or organization providing the official service or analysis.

     (b) An applicant may be required to provide the necessary supplies and/or equipment when requesting a new or special type of analysis.

AMA Table 1
Fees for Combination Sampling, Inspection and Weighing Services, and Additional Factors

AMA Table 2
Fees for Official Sampling and Inspection Without Weighing Services, and Additional Factors

AMA Table 3
Fees for Official Weighing Services without Inspections

AMA Table 4
Fees for Inspecting Submitted Samples

AMA Table 5
Fees for Miscellaneous Services

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     (2) Applicant-defined analysis may be available from the department.

     (a) Hourly fees for sampling and/or sample preparation may be assessed.

     (b) The analysis will be provided at the established hourly rate or may be provided at the cost quoted by the laboratory or organization providing the service or analysis.

     (c) Applicant may be required to provide supplies and equipment when requesting a new analysis or special service.

WSDA Table 1
Fees for Inspecting Miscellaneous Agricultural Commodities under Chapter 16-213 WAC

WSDA Table 2
Fees for Phytosanitary Certification

WSDA Table 3
Fees for Miscellaneous Services

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OTS-7851.1

REPEALER
     The following chapter of the Washington Administrative Code is repealed:

WAC 16-239-010	Definitions.
WAC 16-239-020	Washington state grain and commodity inspection points.
WAC 16-239-030	Commodities covered by chapter 22.09 RCW.
WAC 16-239-040	Grades and standards adopted by Washington state.
WAC 16-239-050	Scale testing.
WAC 16-239-060	Guarantee of expenses.
WAC 16-239-061	Guaranteed staffing levels.
WAC 16-239-062	Additional fees to cover insufficient revenue at export locations.
WAC 16-239-063	Official commercial inspection services.
WAC 16-239-064	Calculating travel time, mileage and per diem.
WAC 16-239-065	Payment of fees and charges.
WAC 16-239-070	Basic WSDA grain program fees for service.
WAC 16-239-071	Straight time rate.
WAC 16-239-072	GIPSA/FGIS scale authorization fee.
WAC 16-239-073	Overtime and night shift rates.
WAC 16-239-074	Late notice fee.
WAC 16-239-075	Call-back fee.
WAC 16-239-076	Shift request fee.
WAC 16-239-077	Shift cancellation fee.
WAC 16-239-078	Four-hour minimum standby fee.
WAC 16-239-079	Service cancellation fee.
WAC 16-239-080	Fees for official sampling, inspecting, and/or weighing services under the United States Grain Standards Act.
WAC 16-239-0801	Fees for combination inspection and weighing services.
WAC 16-239-0802	Fees for official sampling and inspecting without weighing and fees for official sampling only.
WAC 16-239-0803	Fees for official Class X weighing services without an inspection.
WAC 16-239-0804	Fees for other official weighing services.
WAC 16-239-0805	Fees for inspecting submitted samples.
WAC 16-239-0806	Fees for factor analysis.
WAC 16-239-0807	Fees for official constituent analysis using near-infrared transmittance (NIRT) technology.
WAC 16-239-0808	Fees for qualitative or quantitative testing for the presence of Mycotoxins using USDA approved "ELISA," "Fluorometric," or similar methods.
WAC 16-239-0809	Fees for stowage examination services on vessels or ocean-going barges.
WAC 16-239-0810	Fees for other stowage examination services.
WAC 16-239-0811	Fees for phytosanitary certification.
WAC 16-239-0812	Fees for miscellaneous services.
WAC 16-239-0813	Fees for other services under the United States Grain Standards Act.
WAC 16-239-090	Fees for performing official Agricultural Marketing Act of 1946 services.
WAC 16-239-0901	Fees for combination inspection and weighing services.
WAC 16-239-0902	Fees for official sampling and inspecting without weighing and fees for official sampling only.
WAC 16-239-0903	Fees for official weighing services without inspections.
WAC 16-239-0904	Fees for other official weighing services.
WAC 16-239-0905	Fees for inspection of submitted samples.
WAC 16-239-0906	Fees for factor analysis.
WAC 16-239-0907	Fees for qualitative or quantitative testing for the presence of Mycotoxins using USDA approved "ELISA" or "Fluorometric" methods.
WAC 16-239-0908	Fees for stowage examination services on vessels or ocean-going barges.
WAC 16-239-0909	Fees for other stowage examination services.
WAC 16-239-0910	Fees for phytosanitary certification.
WAC 16-239-0911	Fees for miscellaneous services.
WAC 16-239-0912	Fees for other services under the Agricultural Marketing Act of 1946.
WAC 16-239-100	Fees for services performed under state regulation or standards and for services "as specified" by the applicant when no official standards exist.
WAC 16-239-1010	Fees for inspecting miscellaneous agricultural commodities under chapter 16-213 WAC.
WAC 16-239-1020	Fees for miscellaneous services.
WAC 16-239-1030	Fees for services not specifically identified in WAC 16-239-1010 and 16-239-1020.

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