WSR 97-23-032
PROPOSED RULES
DEPARTMENT OF AGRICULTURE
[Filed November 14, 1997, 4:00 p.m.]
Continuance of WSR 97-20-077.
Preproposal statement of inquiry was filed as WSR 97-16-066.
Title of Rule: Chapter 16-156 WAC, Organic producer and transition to organic producer certification.
Purpose: The goals of the amendments are to provide sufficient revenue to effectively administer and enforce the Organic Food Products Act, chapter 15.86 RCW.
Statutory Authority for Adoption: RCW 15.86.070.
Statute Being Implemented: Chapter 15.86 RCW.
Summary: The 1997 legislature passed a bill which allows the organic food program to increase fees in excess of the fiscal growth factor. The proposed amendments would increase fees by ten percent for producers with gross sales up to $750,000 and increase fees for producers with gross sales over $750,000 to $2,000 plus one-tenth of one percent (0.10%) of gross sales.
Reasons Supporting Proposal: The organic food program has doubled in size since 1993 and needs increased revenues to meet current workload demands. The fee increase will allow the program to put more resources into enforcement and providing technical assistance.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Miles McEvoy, Olympia, (360) 902-1924.
Name of Proponent: Organic Food Program, 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: Organic producer and transition to organic producer certification, chapter 16-156 WAC, provides the procedural framework for certifying producers of organic and transition to organic food. The procedural requirements include specifying conditions of inspection, sampling, certification and decertification as well as specifying the application fees for organic certification. Amendments to WAC 16-156-060 are proposed to increase application fees in order to obtain more revenue for program activities. Increased revenue will be used for increased enforcement and technical assistance in the organic food program.
Proposal Changes the Following Existing Rules: The proposal would amend WAC 16-156-060 to increase fees. The proposal raises fees for organic food producer certification by 10% for producers with less than $750,000 in gross sales. It raises fees for producers with gross sales over $750,000 to $2,000 plus one-tenth of one percent (0.10%) of gross sales.
A small business economic impact statement has been prepared under chapter 19.85 RCW. [See WSR 97-20-077.]
A copy of the statement may be obtained by writing to Washington State Department of Agriculture, Organic Food Program, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1877, or FAX (360) 902-2087.
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.
Hearing Location: Natural Resources Building, Room 259, 1111 Jefferson, Olympia, WA 98504, on November 15, 1997, at 10 a.m.
Assistance for Persons with Disabilities: Contact Julie Carlson by November 5, 1997, TDD (360) 902-1996, or (360) 902-1880.
Submit Written Comments to: Miles McEvoy, P.O. Box 42560, Olympia, WA 98504-2560, FAX (360) 902-2087, by November 15, 1997.
Date of Intended Adoption: November 21, 1997.
November 14, 1997
Julie C. Sandberg
Assistant Director