WSR 98-07-106

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed March 18, 1998, 11:26 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-03-088

Title of Rule: Chapter 16-212 WAC, Grain, hay, bean and peas--Inspection fees

Purpose: Establishes fees for services performed by the department in sampling, testing, grading, weighing and inspecting grain, pulses and similar commodities

Statutory Authority for Adoption: RCW 22.09.790

Statute Being Implemented: Chapter 22.09 RCW

Summary: Adjust the grain inspection fee schedule relative to overtime, hourly rates, charges per hundredweight, and the elimination of weekly averaging. Also, clarify the working and format of the fee schedule document

Reasons Supporting Proposal: The current fee schedule is not representative of grain inspection operating costs, as required by statute. Amendments to the fee schedule will closer align the fee document with statutory requirements and will be easier to read and understand

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Randall R. Deike, Olympia, (360) 902-1921

Name of Proponent: Department of Agriculture, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Fee increases are within fiscal growth factor limits

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rule establishes the schedule of user fees for grain inspection program services and related activities. These fees are the sole source of funds for program activities, and revenue generated must be adequate to support it. This proposed fee increase more accurately reflects the costs of providing service and should enable the grain inspection program to generate enough revenue to cover expenses

Proposal Changes the Following Existing Rules: Increases the grain inspection fees for overtime, hourly rates, charges per hundredweight, and eliminates weekly averaging

No small business economic impact statement has been prepared under chapter 19.85 RCW. The financial impact on small businesses will be minimal.

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, 1111 Washington Street, 2nd Floor, Conference Room 259, Olympia, WA 98504-2560, on April 24, 1998, at 2:00 p.m

Assistance for Persons with Disabilities: Contact Cathy Jensen by April 23, 1998, TDD (360) 902-1996, or (360) 902-1976

Submit Written Comments to: Dannie McQueen, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, FAX (360) 902-2092, by April 24, 1998, at 5:00 p.m

Date of Intended Adoption: May 5, 1998

March 18, 1998

Robert W. Gore

Assistant Director

OTS-2091.1

AMENDATORY SECTION (Amending Order 5040, filed 4/20/94, effective 5/21/94)



WAC 16-212-030  General provisions for hourly charges.



(1) Straight time, rate per hour . . . (($24.50)) $25.49 effective June 30, 1998; $26.50 effective July 1, 1998.

This hourly rate ((shall be applied on any job where the fee is)) will be applied in any situation where the fees generated are not sufficient to provide revenue ((of $24.50 per hour)) equivalent to the published hourly rate, per employee, including applicable supervisory and clerical hours, and where no other hourly rate ((or)), fee, guarantee of expenses or contractual agreement exists or is specified in ((the)) this schedule of fees and charges. Whenever the lot size or workload is not of sufficient size to generate (($24.50 per hour)) revenue equivalent to the published hourly rate, per employee, an additional fee shall be assessed so that total revenue generated is equal to the (($24.50 rate: Provided, That such revenue insufficiency may be established on the basis of the average hourly revenue generated at the worksite over the Monday through Sunday work week, upon written request of the applicant for service. In the absence of such request, fees shall be assessed on a daily basis)) the published hourly rate, per employee.

(2) Overtime, and night shift rate per hour . . .(($6.40)) $6.65 effective June 30, 1998; $6.90 effective July 1, 1998.

Whenever a service is requested before or after regularly scheduled working hours, Monday through Friday, or anytime on Saturdays, Sundays or holidays, a fee of (($6.40)) $6.65 effective June 30, 1998; $6.90 effective July 1, 1998, per hour, per employee, including applicable supervisory and clerical hours,shall be charged in addition to the regular inspection and weighing fees.

(a) Requests for service on Saturdays, Sundays, or holidays, or for work shifts other than ((8:00 a.m. to 5:00 p.m.)) the inspection office's established standard workday hours, Monday through Friday, must be received by the inspection office no later than ((4:00 p.m.)) two hours prior to the inspection office's established daily closing time of the last regularly scheduled working day prior to the requested service. When the request is not received by ((4:00 p.m.)) within the established time frames, service will be provided where personnel are available, but an additional fee of (($4.25)) $4.42 effective June 30 1998; $4.60 effective July 1, 1998 per hour, per employee, will be assessed for that ((shift)) for the hours of the requested service.

(b) Requests for service which is beyond the scope or volume normally provided at an inspection site must be received by the inspection office no later than ((4:00 p.m.)) two hours prior to the inspection office's established daily closing time of the last regularly scheduled working day prior to the date of the requested service in order for the department to guarantee to have adequate staff available to perform the service.

(c) Whenever an employee is ((called from home after regular working)) is notified after leaving the worksite to return to a worksite after the inspection office's established standard workday hours, or on a Saturday, Sunday or holiday, ((a minimum of)) two additional hours ((shall)) per employee, will be charged at the rate of (($10.70 per hour)) $11.10 per hour effective June 30, 1998; $11.55 per hour effective July 1, 1998 and added to other fees charged.

(d) Scheduled night shifts.

((At all designated inspection points, for night shifts, Monday through Friday (usually from 6:00 p.m. to 3:00 a.m.) that are, or will be, continuous for a period of one month or longer, with only an occasional work stoppage, additional overtime fees per hour will not apply.))

(i) The department ((shall)) must be given at least seven calendar days notice, in writing, to establish a scheduled night shift. If the full seven-day notice is not given, a fee of (($6.40)) $6.65 effective June 30, 1998; $6.90 effective July 1, 1998, per hour, per employee, ((shall)) will be assessed until the seven day notice period has elapsed.

(ii) The department shall be given at least twenty-one calendar days' notice, in writing, of cancellation of any scheduled night shift operation. If ((such)) the full twenty-one day notice is not given, a fee of (($6.40)) $6.65 effective June 30, 1998; $6.90 effective July 1, 1998, per hour, per employee, ((shall)) will be assessed for each hour under the regular night shift schedule that would have been worked until the twenty-one day notice period has elapsed.

(3) Standby rate per hour . . . (($26.80)) $27.85 effective June 30, 1998; $29.00 effective July 1, 1998.

Whenever a service is requested before or after ((working hours)) the inspection office's established standard workday, Monday through Friday or anytime on Saturdays, Sundays or holidays, and service cannot be performed through no fault of the department, ((a minimum of)) four hours at the standby rate of (($26.80)) $27.85 effective June 30, 1998; $29.00 effective July 1, 1998, per hour, per employee, shall be charged. Additional charges at the standby rate per hour, per employee, shall be assessed for all hours over four that continue to be staffed at the request of the applicant. Whenever a service is requested before or after working hours, Monday through Friday or anytime on a Saturday, Sunday or holiday, and a cancellation of ((such)) the request is not received ((by 4:00 p.m.)) two hours prior to the inspection office's established daily closing time of the last regularly scheduled working day prior to the requested service, the four hour standby charge ((shall)) per employee, will be ((applied)) assessed.

(4) Guarantee of expense. When a service is requested that requires assignment of personnel at a facility where the volume of work at the established fees ((may)) is not be adequate to pay the cost of providing the service, a guarantee of the expense of providing the service ((may be)) is required. These facilities may enter into agreement with the department at guaranteed staffing levels and negotiated minimum hours and unit fees.

(5) Official commercial inspection services may be provided, on-site, at the applicant's request, when appropriate space, equipment and security can be provided, the program is able to provide appropriate licensed personnel, and a guarantee of expense can be negotiated.



[Statutory Authority: Chapter 22.09 RCW. 94-10-002 (Order 5040), 16-212-030, filed 4/20/94, effective 5/21/94; 87-01-032 (Order 1913), 16-212-030, filed 12/12/86; 84-14-065 (Order 1836), 16-212-030, filed 7/2/84; 83-06-063 (Order 1789), 16-212-030, filed 3/2/83. Statutory Authority: RCW 22.09.460. 81-24-066 (Order 1751), 16-212-030, filed 12/2/81. Statutory Authority: Chapter 22.09 RCW. 80-06-100 (Order 1705), 16-212-030, filed 5/30/80; Order 1490, 16-212-030, filed 3/1/77; Order 1404, 16-212-030, filed 6/30/75; Order 1267, 16-212-030, filed 5/31/72; Order 1118, 16-212-030, filed 5/29/69, effective 7/1/69; Order 1031, Regulation 3, filed 9/9/66, effective 10/10/66; Order 981, filed 6/1/65; Order 790, effective 9/1/59.]



AMENDATORY SECTION (Amending Order 5040, filed 4/20/94, effective 5/21/94)



WAC 16-212-060  Official inspection and/or weighing fees under the United States Grain Standards Act.

(1) Combination inspection and weighing fees. Ships, barges, unit trains and transfers of bulk grain.

(a) From vessel to elevator, per ton . . . $ 0.128
(b) Bin transfers, per ton . . . $ 0.128
(c) From elevator to vessel, per ton . . . $ 0.128
(d) From railcars of a unit train, sampled by diverter samplers, batch weighed and inspected under the sublot inspection plan in units of not less than five cars,

per ton . . . $ 0.128

(2) Inspection only of railroad boxcars, open hopper-type cars or covered hopper-type cars, original inspection. Sampling only services are available at the inspection only rates shown in this fee schedule.

(a) ((When)) Carlots sampled by United States Department of Agriculture approved ((mechanical belt, spout or leg)) diverter type mechanical samplers, per car (((batch grades-up to a maximum of 5 car units are charged at the per car rate))) . . . $ 15.50
Batch grades may contain up to the maximum number of cars allowable under Federal Grain Inspection Service regulations/instructions. The per car sampling charge will be assessed for each car included in the batch grade.

(b) When sampled by United States Department of Agriculture approved grain trier, original and subsequent original inspections, per car . . . $ 24.00

(3) Inspection only of trucks, per truck . . . $ 15.00

(4) Reinspections of railroad boxcars, open hopper-type cars, covered hopper-type cars, ship sublot samples, barge lots, truck lots, and submitted samples.

(a) When based on an official file sample, per reinspection . . . $ 9.00
(b) When based on a new sample, for railcars only, per reinspection . . . $ 24.00
(c) When based on a new sample, for trucks only, per reinspection . . . $ 15.00
(d) FGIS approved per factor reinspections will be provided at the applicable file sample or new sample rate listed in this section.

(5) Submitted samples,

(a) Standardized grains, except canola per

inspection . . . $ 7.50

(b) Canola, per inspection . . . $ 13.75

(6) Fees for laboratory determination of erucic acid, and/or glucosinolate, and/or oil content of canola, identical to the fees assessed by the Federal Grain Inspection Service.

(7) Factor analysis and/or certification.

(a) Nongrade determining factors added to existing certificates, or requested on ship sublot analyses, that do not affect the grade: per factor . . . $ 2.50

((Provided, That on)) Submitted sample certificates of grade for ((wheat and)) barley may show, on request, dockage to the nearest one-tenth percent ((will be shown in remarks section and, for wheat)) without additional charge. Submitted sample certificates of grade for wheat may show, on request, foreign material ((shown on the factor line, when it is not a grading)) when it is not a grade determining factor, without additional charge.

(b) Factor certification only (maximum of ((two)) one factors), per certificate . . . (($ 3.00)) $ 2.50
(i) Additional factors added to a factor certificate, per factor . . . $ 2.50

(A maximum of $7.50 will be charged for ((grading factors only)) factor only certification.)

(ii) When submitted samples are not of sufficient size to provide official grade analysis, obtainable factors will be provided, upon request of the applicant, at the factor only rate.

(8) Official (((NIRR or NIRT) protein)) analysis of constituents (protein, oil, etc.) by near-infrared transmittance.

(a) ((Protein and/or oil analysis)) Official constituent analysis of wheat, soybeans, or other FGIS approved commodities when in conjunction with official inspection for grade, per test . . . $ 6.25
(b) ((Protein and/or oil only)) Official constituent analysis of wheat, soybeans, or other FGIS approved commodities when not in conjunction with official inspection for grade, per test . . . $ 8.50

When based on official sample (including new sample reinspection) add the applicable sampling charges.

(c) ((Protein and/or oil only)) Official constituent analysis of wheat, soybeans, or other FGIS approved commodities: Submitted sample or reinspection based on official file sample . . . $ 8.50
(9) Inspection of ((sacked)) bagged grain ((at inspection points)), per cwt . . . (($ 0.06)) $0.0624 effective June 30, 1998; $0.065 effective July 1, 1998.
(10) Checkloading ((sacked)) bagged grain, per

((employee-hour)) hour, per employee . . . (($ 24.50)) $25.49 effective June 30, 1998; $26.50 effective July 1, 1998.

(11) Waxy corn determination, on request, per

determination . . . $ 12.75

(12) ((Aflatoxin testing fees)) FGIS approved mycotoxin testing.
(a) Screening or quantitative testing determinations, based on official sample, except thin layer chromatography, per test . . . $ 37.50
(b) Submitted samples, screening or quantitative determinations, except thin layer chromatography, per test . . . (($ 24.50)) $25.49 effective June 30, 1998; $26.50 effective July 1, 1998.
(c) Reinspection, based on official file, screening or quantitative, except thin layer chromatography, per test . . . (($ 24.50)) $25.49 effective June 30, 1998; $26.50 effective July 1, 1998.
(d) Reinspection, based on a new sample, screening or quantitative, except thin layer chromatography,

per test . . . $ 37.50

(e) Thin layer chromatography determinations will be assessed at a rate identical with the fees charged by the Federal Grain Inspection Service.

(13) Stowage examinations - ships, barges or vessels.

(a) Per stowage space ((and/))or tank, or return to stowage space or tank, per examination . . . $ 24.00
(b) Initial inspection, minimum charge . . . $120.00
(c) Subsequent inspections, minimum

charge . . . $ 72.00

(d) ((Stowage examinations will be made on ships or vessels at anchor in midstream when requested.

(i) It is the responsibility of the applicant to provide safe transportation by licensed tug or water taxi to and from the vessel.

(ii) A minimum of two hours of regular time at $24.50 per hour (one inspector) for general cargo vessels and a minimum of four hours of regular time at $24.50 per hour (two inspectors) shall be charged for tankers in addition to the established inspection fee.

(iii) Inspections can only be made at the convenience of the grain inspection office, during daylight hours, under safe working conditions, when weather conditions permit.

(iv) Inspections can only be made within the area of the designated tidewater grain inspection office.

(v) A ship's or vessel's officer or company agent shall accompany the licensed shiphold inspector(s).)) Travel time, two hour minimum, per hour, per employee . . .$25.49 effective June 30, 1998; $26.50 effective July 1, 1998.



Note: Stowage examinations may be conducted on vessels at anchor, at the convenience of the designated grain inspection area office, on request. Inspections at anchor will be made during daylight hours only, and only under safe working and weather conditions. The applicant is responsible for providing safe transportation to and from the vessel by licensed tug or water taxi. Two vessel or ship's agent representatives will be provided to accompany each inspector providing stowage exam services. Tanker inspections may require additional inspection personnel. When appropriate, hourly and/or minimum charges listed in this fee schedule will be assessed in addition to the inspection and travel time charges shown in this section.



(e) A minimum of four hours per inspector at the applicable overtime rate shall also be assessed on Saturdays, Sundays, or holidays.

(14) Other stowage examinations.

(a) Sea van-type containers (when checkloading is not required) . . . $ 8.10
(b) Railroad cars, trucks and other containers, not in conjunction with loading, per container . . . $ 8.10
(((15) Checktesting of diverter and mechanical samplers, per employee-hour . . . $ 24.50
(16) Ship samples.
(a) Ship composite samples.(i) Initial set of samples to applicant (maximum of three samples) . . . no charge
(ii) Additional samples or samples at the request of other interested parties, per sample (two sample minimum when not requested with initial set) . . . $ 5.25
(b) Ship samples on a sublot basis, per

sample . . . $ 5.25)) diverter-type samplers, per hour, per employee . . .$25.49 effective June 30, 1998; $26.50 effective July 1, 1998.

(16) Ship composite samples, sublot samples, vessel hold samples, survey samples and other additional samples requested by the applicant or by other interested parties, per sample . . . $ 5.25.

(17) Weighing services.
(a) Class X weighing services.
(i) From railroad boxcars, open or covered hopper-type cars (without inspection required) or vessels to elevator (grain only), per ton . . . $ 0.107
(ii) From elevator to boxcars, open or covered hopper-type cars, barges (without inspection required) or vessels (without inspection, grain only), per ton . . . $ 0.107
(iii) Bin transfers (grain only), per ton . . . $ 0.107
(iv) Trucks, per truck or weight lot . . . $ 7.50
(b) Class Y weighing services, per ((employee-

hour . . . $ 24.50)) hour, per employee . . . $25.49 effective June 30, 1998; $26.50 effective July 1, 1998.

(c) Checkweighing of ((sacked grain, per

employee-hour . . . $ 24.50)) bagged grain, per hour, per employee . . . $25.49 effective June 30, 1998; $26.50 effective July 1, 1998.

(d) Scale certification/checktesting of official weighing scales.
(i) Weights and measures scale specialist,

per employee-hour . . . $ 33.75

(ii) Grain inspection personnel, per

((employee-hour . . . $ 24.50)) per hour, per employee . . . $25.49 effective June 30, 1998; $26.50 effective July 1, 1998.





[Statutory Authority: Chapter 22.09 RCW. 94-10-002 (Order 5040), 16-212-060, filed 4/20/94, effective 5/21/94; 92-15-046, 16-212-060, filed 7/10/92, effective 8/10/92; 87-01-032 (Order 1913), 16-212-060, filed 12/12/86; 84-14-065 (Order 1836), 16-212-060, filed 7/2/84; 83-06-063 (Order 1789), 16-212-060, filed 3/2/83. Statutory Authority: RCW 22.09.460. 81-24-066 (Order 1751), 16-212-060, filed 12/2/81. Statutory Authority: Chapter 22.09 RCW. 80-06-100 (Order 1705), 16-212-060, filed 5/30/80; Order 1490, 16-212-060, filed 3/1/77; Order 1404, 16-212-060, filed 6/30/75, effective 8/1/75; Order 1267, 16-212-060, filed 5/31/72; Order 1118, 16-212-060, filed 5/29/69, effective 7/1/69; Order 1031, Regulation 4, filed 9/9/66, effective 10/10/66; Order 981, filed 6/1/65; Order 790, effective 9/1/59.]



Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.



AMENDATORY SECTION (Amending Order 5040, filed 4/20/94, effective 5/21/94)



WAC 16-212-070  Official services under the Agricultural Marketing Act of 1946.



(1) Inspection or analysis of graded and nongraded commodities.

(a) Inspection of bagged commodities at inspection points, per cwt . . .(($ 0.06)) $0.0624 effective June 30, 1998; $0.065 effective July 1, 1998.
(b) Bulk commodity inspection at inspection points, per ton . . . $ 0.30
(c) Minimum charge for bulk or bagged commodities (one hour) . . .(($ 24.50)) $25.49 effective June 30, 1998; $26.50 effective July 1, 1998.
(d) Submitted sample inspection, per sample

. . . $ 13.75

(2) Weighing and combination inspection/weighing services for bulk commodities.

(a) Weighing only, other than grain, per ton $ 0.117
(b) Combination inspection/weighing of bulk commodities under federal grade standards, state standards, or for factor determinations, per ton . . . $ 0.128
(c) Weigh grain by-products into portable containers including fitness examination of the container, weigh and sample the by-product (thirty ton maximum) $ 15.00

(3) Factor analysis.

(a) Moisture only . . . $  5.25
(b) Additional factors, the determination of which are not required to establish grade, or otherwise not required by regulation, added to an existing certificate, per factor . . . $  2.50
(c) Certification, factor only (maximum two factors), per certificate . . . $  3.00
(d) Additional factors added to a factor certificate, per factor . . . $  2.50

(A maximum of $13.75 will be charged for grading factors only.)

(e) Analysis of rapeseed ((for official factors)), mustard seed, confectionary sunflower seed, safflower seed, or other commodities with established FGIS factor only inspection procedures, per certificate . . . $ 13.75



(f) ((If official inspection is required for rapeseed, the applicable sampling only fee shall be assessed in addition to the factor analysis fee.)) Sampling only fees identified in subsection (4)(a) and (b) of this section will be assessed in addition to the factor analysis fees for rapeseed, mustard seed, confectionary sunflower seed, safflower seed, or other commodities with established FGIS factor only inspection procedures when official sampling is requested.

(4) Sampling only, bulk commodities.

(a) Trucks or containers, per carrier . . . $ 15.00
(b) Boxcars, open or covered hopper-type cars, per car . . . $ 24.00

(5) Processed commodity and defense personnel support center (DPSC) inspection fees.

(a) Per ((employee-hour, two hour minimum, rate per hour . . .$ 24.50)) hour, per employee, two hour minimum, . . . $25.49 effective June 30, 1998; $26.50 effective July 1, 1998.

(b) In addition to the charges, if any, for sampling and other requested service, a fee will be assessed for each laboratory analysis or test identical with the amount charged by the federal grain inspection service for laboratory tests performed under authority of the Agricultural Marketing Act and for any postage or other costs of mailing not included in these fees.

(6) Sanitation inspections.

(a) Initial inspection . . . no charge
(b) Reinspections, four hour minimum, per ((employee-hour . . .$ 24.50)) hour, per employee . . . $25.49 effective June 30, 1998; $26.50 effective July 1, 1998.

(7) Stowage examinations under the Agricultural Marketing Act ((shall be subject to the rates, restrictions, and conditions cited in)) will be provided as per WAC 16-212-060 (13) and (14).

(8) Mycotoxin testing fees.

(a) Screening or quantitative testing determinations, except thin layer chromatography per test . . . $ 37.50

(b) Thin layer chromatography determinations will be assessed at a rate identical with the fees charged by the Federal Grain Inspection Service.

(9) Falling numbers determinations, per determination . . . $ 12.75
Liquefaction number, per determination . . . $  0.50




[Statutory Authority: Chapter 22.09 RCW. 94-10-002 (Order 5040), 16-212-070, filed 4/20/94, effective 5/21/94; 92-15-046, 16-212-070, filed 7/10/92, effective 8/10/92; 87-01-032 (Order 1913), 16-212-070, filed 12/12/86; 84-14-065 (Order 1836), 16-212-070, filed 7/2/84; 83-06-063 (Order 1789), 16-212-070, filed 3/2/83. Statutory Authority: RCW 22.09.460. 81-24-066 (Order 1751), 16-212-070, filed 12/2/81; Order 1490, 16-212-070, filed 3/1/77; Order 1404, 16-212-070, filed 6/30/75, effective 8/1/75; Order 1267, 16-212-070, filed 5/31/72; Order 1118, 16-212-070, filed 5/29/69, effective 7/1/69; Order 1031, Regulation 8, filed 9/9/66, effective 10/10/66; Order 981, filed 6/1/65; Order 891, filed 7/2/62; Order 790, effective 9/1/59.]



AMENDATORY SECTION (Amending Order 5040, filed 4/20/94, effective 5/21/94)



WAC 16-212-080  Miscellaneous fees.

(1) Mailing of samples shall be charged at actual mailing costs, minimum charge . . . $ 2.00
(2) Fee for pickup of samples on routes established by the department, per sample . . . $ 0.60

(3) Fees for services performed at places other than established grain and commodity inspection points.

(a) Travel time, per employee, will be charged at the applicable straight time or overtime rate from office to inspection point and return.

(b) ((Car mileage will be charged at the current published department of general administration rates (WAC 82-28-080), except where suitable transportation is provided by the applicant.)) Mileage will be charged at the current general administration private vehicle mileage reimbursement rate, except where suitable transportation is provided by the applicant. Mileage is assessed on a per call, door to door basis and will be charged in addition to all other inspection fees, hourly rates and applicable charges.

(c) If the travel is of sufficient duration to require payment of subsistence or per diem to the employee, an amount equal to the established subsistence and/or per diem rate (WAC 82-28-040 and 82-28-050) shall be assessed, except where applicable subsistence and lodging are furnished, or paid, by the applicant.

(d) Incidental costs of telephone, mailing, etc. shall be at actual cost.

(e) Facsimile transmissions, per page . . . $ 1.00

(4) Certificate charges for certificates under the United States Grain Standards Act or the Agricultural Marketing Act of 1946.
(a) Divided original certificates, per

certificate . . .

$ 1.50
(b) Extra copies of inspection, protein, weight, falling number, commodity or aflatoxin certificates, per copy . . . $ 3.00
(5) Phytosanitary certification
(a) When performed in conjunction with official inspection, per certificate (( . . . $ 6.75)) . . .$7.02 effective June 30, 1998; $7.30 effective July 1, 1998.
(b) When performed without official inspection, add sampling fee, per hour (( . . . $24.50)), per employee . . . $25.49 effective June 30, 1998; $26.50 effective July 1, 1998.

(6) Timely payment. Payment of fees and charges is due within thirty days after the date of the statement.

(a) If payment is not received within thirty days, service may be withheld until the delinquent account is paid; or

(b) In the case of such delinquent accounts, cash payment for subsequent service may be required; and

(c) A penalty of twelve percent per annum shall be assessed on the delinquent account balance.



[Statutory Authority: Chapter 22.09 RCW. 94-10-002 (Order 5040), 16-212-080, filed 4/20/94, effective 5/21/94; 92-15-046, 16-212-080, filed 7/10/92, effective 8/10/92; 84-14-065 (Order 1836), 16-212-080, filed 7/2/84; 83-06-063 (Order 1789), 16-212-080, filed 3/2/83. Statutory Authority: RCW 22.09.460. 81-24-066 (Order 1751), 16-212-080, filed 12/2/81; Order 1490, 16-212-080, filed 3/1/77; Order 1404, 16-212-080, filed 6/30/75, effective 8/1/75; Order 1267, 16-212-080, filed 5/31/72; Order 1118, 16-212-080, filed 5/29/69, effective 7/1/69; Order 1031, Regulation 9, filed 9/9/66, effective 10/10/66; Order 981, filed 6/1/65; Order 790, effective 9/1/59.]



AMENDATORY SECTION (Amending Order 5040, filed 4/20/94, effective 5/21/94)



WAC 16-212-082  Fees for services performed under state regulation. (1) ((Inspection of cultivated buckwheat and safflower under Washington state standards shall be at the rate applicable for the same type of sample under the fees for services under the United States Grain Standards Act.)) Inspection of commodities under state of Washington standards or other state, national, or international standards or criteria specified by the applicant, except as noted in this section.

(a) Cultivated buckwheat, safflower; submitted sample inspection for factors or grade, per sample. . . $7.50

(b) Rapeseed (except Canola), other commodities not listed above; inspection under Washington state standards or other specified standards or criteria, submitted sample inspection for factors or grade, per sample. . . $13.50

(c) Sampling only fees will be assessed at the rates shown in WAC 16-212-070 (4)(a) and (b) and will be assessed in addition to the per sample inspection fee when lot inspection is requested.

(d) Inspection of bagged commodities per cwt . . . $0.0624 effective June 30, 1998; $0.065 effective July 1, 1998.

(e) Combination inspection and weighing fees assessed at the rates shown in WAC 16-212-060 (1)(a), (b), (c), and (d).

(2) Cracked corn, corn screenings, and mixed grain screenings ((shall)) will be inspected and/or weighed ((under the tonnage rate applicable for standardized grains as per)) at the applicable rates shown in WAC 16-212-060.

(3) Unofficial (((NIRR or NIRT) protein analysis, per unit . . .$ 6.25)) analysis of constituents (protein, oil, etc.) by near-infrared transmittance provided at the applicable rates shown in WAC 16-212-060.

(4) ((Rapeseed (except canola) inspection under state standards.

(a) Submitted sample for factors or grade,

per sample . . .



$ 13.75

(b) When sampled by official personnel, add applicable sampling only fee.
(c) Export inspection and weighing in bulk,

per ton . . .



$ 0.128
(d) Inspection of bagged rapeseed, per cwt . . . $ 0.06

(e) Fees for laboratory determination of erucic acid and/or glucosinolate and/or oil content will be identical to the fees assessed by the Federal Grain Inspection Service.)) Fees for laboratory analysis of commodities covered by this section, or for the analysis of constituents or conditions of grains or commodities inspected under WAC 16-212-060 or 16-212-070 not provided for in the official standards will be assessed at the current rates established by the federal, state or private laboratory providing the analysis. These fees will be assessed in addition to all other inspection and sampling fees, hourly rates and applicable charges.





Note: This fee is applied in addition to the inspection fee for grading under state standards.



(5) For other laboratory analysis not identified herein, a fee will be assessed for each test or analysis identical with the amount charged by USDA or Washington state agency laboratories.



[Statutory Authority: Chapter 22.09 RCW. 94-10-002 (Order 5040), 16-212-082, filed 4/20/94, effective 5/21/94; 92-15-046, 16-212-082, filed 7/10/92, effective 8/10/92; 87-01-032 (Order 1913), 16-212-082, filed 12/12/86; 84-14-065 (Order 1836), 16-212-082, filed 7/2/84.]

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