WSR 97-15-151

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed July 23, 1997, 11:46 a.m.]

Continuance of WSR 97-11-085.

Preproposal statement of inquiry was filed as WSR 97-08-083.

Title of Rule: WAC 16-536-040, increase the grower assessments on dry peas and lentils.

Purpose: To consider a proposal from the dry pea and lentil growers to increase the assessment on all varieties of dry peas and lentils from one percent of net receipts at first point of sale to two percent.

Statutory Authority for Adoption: Washington State Agricultural Enabling Act of 1961--Commodity Boards, RCW 15.65.050.

Statute Being Implemented: Chapter 15.65 RCW.

Summary: The proposal, if adopted, will increase the assessment on dry peas and lentils grown in the state of Washington from one percent of net receipts at the first point of sale to two percent.

Reasons Supporting Proposal: The director of agriculture received a petition from the producers of dry peas and lentils to increase the assessment. The Dry Pea and Lentil Commission received approval from the 55th legislature (ESB 5514) to increase assessment above the fiscal growth factor as required by I-601. The assessment increase must also be approved by a vote of the growers.

Name of Agency Personnel Responsible for Drafting: Walter Swenson, 1111 Washington Street, 2nd Floor, Olympia, WA, (360) 902-1928; Implementation and Enforcement: Tim McGreevy, 5071 Highway 8 West, Moscow, ID, (208) 882-3023.

Name of Proponent: United States Dry Pea and Lentil Council, private.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Affected producers must approve the assessment increase by a referendum vote before the increase becomes effective.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rule will increase the assessment of dry peas and lentils grown in the state of Washington from one percent of net receipts at the first point of sale to two percent. The rule is proposed because the dry pea and lentil industry faces reduced federal funding in the area of research and market development. Without an assessment increase, the industry may lose its entire research program and its competitive position in the domestic and export markets.

Proposal Changes the Following Existing Rules: The rule, if approved by a majority vote of the growers, would increase the assessment on dry peas and lentils from one percent of net receipts at the first point of sale to two percent.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.

Date of Intended Adoption: August 13, 1997.

July 23, 1997

William E. Brookreson

Assistant Director