WSR 97-20-152

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed October 1, 1997, 11:38 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-15-124.

Title of Rule: Rules relating to apiaries.

Purpose: Establishment of a bee broker registration fee penalty matrix relative to requirements of the apiary statute.

Statutory Authority for Adoption: RCW 15.60.025, 15.60.050(2), and 15.60.170(2).

Statute Being Implemented: Chapter 15.60 RCW.

Summary: Establishes a bee broker registration fee and a penalty matrix as authorized by statute.

Reasons Supporting Proposal: An equitable and uniform penalty process is necessary to ensure progress toward the program goal of full voluntary compliance. A progressive penalty structure is preferable to exercising the full extent of monetary penalties (up to $1,000 per violation) authorized by statute. Rule making would also achieve fairness between bee brokers and beekeepers relative to registration fees.

Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Diane Dolstad, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-2071.

Name of Proponent: Washington State Beekeepers Association, Bob Zahler, President, private, and Washington State Department of Agriculture, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The establishment of a penalty matrix relative to requirements of the apiary statute will permit an orderly and predictable civil penalty process, a step in achieving the program goal of full voluntary compliance with the requirements of the statute. Prior to this, there has been no established penalty matrix, the civil penalty authority in statute has not been exercised, and the level of voluntary compliance has not been found acceptable.

Establishing a bee broker registration fee will achieve greater equity throughout the apiary industry in financial support of the program. Previously only beekeepers were assessed registration fees. If an individual is both a beekeeper and a bee broker, only one registration fee (the greater of the two) will be assessed.

Proposal does not change existing rules.

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

The Washington State Department of Agriculture (WDSA) is proposing a penalty matrix relative to violations of the apiary statute, chapter 15.60 RCW. In addition, the proposed rules will establish a fee for bee broker registration.

The civil penalty matrix being proposed graduates upward upon repeat offenses of the apiary statute when an individual or company is found in violation rather than applying a strict $1,000.00 per violation.

WSDA has the authority to add a broker registration fee, and does so in the rule proposal. The fee affects apiary brokers which equates to approximately 4% of the entire apiary industry.

Originally, WSDA proposed two fees upon brokers: (1) The requirement to register and pay as an "apiarist" and (2) an additional fee if an apiarist is also a "broker."

The Washington State Department of Agriculture mitigated the impact on brokers by imposing one registration fee for an apiarist who also conducts business as a broker.

A copy of the statement may be obtained by writing to Mary Toohey, Assistant Director, Washington State Department of Agriculture, Laboratory Services Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, or FAX (360) 902-2094.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Washington State Department of Agriculture, 2015 South 1st Street, Conference Room A, Yakima, WA 98903, on November 17, 1997, at 1:00 p.m. to 4:00 p.m.

Assistance for Persons with Disabilities: Contact Cathy Jensen by November 10, 1997, TDD (360) 902-1996, or (360) 902-1976.

Submit Written Comments to: Mary Toohey, FAX (360) 902-2094, by November 17, 1997.

Date of Intended Adoption: December 2, 1997.

October 1, 1997

Mary A. Martin Toohey

Assistant Director

NEW SECTION

WAC 16-602-026 Broker registration fees. In accordance with RCW 15.60.050, there is assessed an annual broker registration fee of $100 due and payable to the department on April 1 of each year. If a person registers as both a broker and an apiarist, only one of the registration fees shall be owed. The lesser of the two registration fees shall be waived.

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NEW SECTION

WAC 16-602-045 Civil penalty authority and application. (1) The statutory authority for the assessment of civil penalties for violations of the Apiaries act is located in RCW 15.60.170.

(2) The assessment of civil penalties will be in accordance with Chapter 43.05 RCW, Technical Assistance Programs, and Chapter 34.05, the Administrative Procedure Act, and Chapter 15.60 RCW, Apiaries.

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NEW SECTION

WAC 16-602-050 Types of offenses and level of civil penalty assessment. (1) Violations of the Apiaries act include, but are not limited to:

(a) Failure to register as a resident or non-resident apiarist (reference WAC 16-602-025 and RCW 15.60.050):

(b) Failure to register as a broker (reference WAC 16-602-026 and RCW 15.60.050);

(c) Failure to remit apiary registration fees (reference WAC 16-602-025 and RCW 15.60.050);

(d) Failure to remit broker registration fees (reference WAC 16-602-026 and RCW 15.60.050);

(e) Failure to remit pollination service fees (reference WAC 16-602-027 and RCW 15.60.040);

(f) Failure to mark apiaries in accordance with WAC 16-602-040 (reference RCW 15.60.020);

(g) Altering an official certificate or other official inspection document or misrepresenting a document, as described in RCW 15.60.150(2).

(2) The level of civil penalty assessed for each individual violation shall be as follows:

First violation $100

Second violation $500

Third and each subsequent violation $1,000