Preproposal statement of inquiry was filed as WSR 98-06-094.

Title of Rule: Application for certification of forest reproductive material.

Purpose: To respond to industry request to increase seed certification fees for forest reproductive material.

Statutory Authority for Adoption: RCW 15.49.005, 15.49.310, 15.49.370(3).

Statute Being Implemented: RCW 15.49.370(3).

Summary: The proposal raises fees for certification of forest reproductive material.

Reasons Supporting Proposal: Industry request to reflect the current cost of operating this portion of the seed certification program delegated by the director of agriculture to the Washington State Crop Improvement Association.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Graydon Robinson, Washington State Department of Agriculture, Seed Program, 2015 South 1st Street, Yakima, (509) 575-2750.

Name of Proponent: Keith Pfeifer, Manager, Washington State Crop Improvement Association, Washington State Department of Agriculture, public and governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The fee increase is within the fiscal growth factor.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposal is in response to industry request to increase certification fees for forest reproductive material. This fee increase reflects current operating costs of the forest reproductive material program.

Proposal Changes the Following Existing Rules: Proposal raises certification fees to the current fiscal growth factor.

No small business economic impact statement has been prepared under chapter 19.85 RCW. All businesses affected by this proposal are big businesses.

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: Department of Agriculture, 2015 South First Street, Yakima, WA, on May 26, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Cathy Jensen by May 22, 1998, TDD (360) 902-1996.

Submit Written Comments to: Graydon Robinson, Program Manager, Washington State Department of Agriculture Seed Program, 2015 South 1st Street, Yakima, 98903, FAX (509) 454-4395, by May 26, 1998, 5:00 p.m.

Date of Intended Adoption: May 27, 1998.

April 22, 1998

Julie C. Sandberg

Assistant Director

AMENDATORY SECTION (Amending Order 5097, filed 5/8/96, effective 6/8/96)

WAC 16-319-041  Application for certification of forest reproductive material. (1) The conditions of applicant's submittal and of certifying agency's acceptance of application are:

(a) The application should show all classes for which certification services are requested.

(b) All reproductive material acquired or distributed by applicant of a type for which certification is requested is subject to audit.

(c) Applicant shall be responsible for payment of fees for certification services.

(d) Applicant is responsible for developing a record keeping system and labels available and satisfactory to the certifying agency.

(e) Certifying agency reserves the right to refuse certification service to applicant.

(f) Application for audit certification reproductive material shall be filed with certifying agency of the state in which warehouse, nursery, etc., is located with a copy to the certifying agency in the state where the reproductive material is collected.

(2) Timing of application requests for certification services:

(a) Application requests for source identified subclass B and lower classes for the current year's production of reproductive material shall be received by certifying agency from applicant not later than three days prior to initiation of collection, production, or propagation of forest reproductive material.

(b) For source identified subclass A and higher certification class, the applicant shall make application for service, and present a written plan to the certifying agency two weeks prior to the beginning of the collection season. The written plan will include the following:

(i) For subzone collection, areas shall be defined by legal description.

(ii) Details of the collection organization including names of buyers and field supervisors, estimated harvest volume, receiving station location(s), and other pertinent information.

(c) Application requests for all other services shall be received by certifying agency from applicant not later than seven days before need.

(3) The certifying agency establishes the fee schedule for certification services. These may be adjusted at the beginning of a crop year if certifying agency determines that costs are significantly more or less than anticipated: Provided, That increases shall not exceed twenty-five percent.

(a) Cones and seed:

(i) Tested and selected - the service includes review of test plans, audit of pertinent records and field inspection at the hourly job time rate shown in current fee schedule.

(ii) Source identified classes - the fee includes field inspection at the per bushel rate shown in the current fee schedule and audit of conditioning at the hourly rate also shown in the current fee schedule.

The fee for each lot containing less than sixty bushels shall be a maximum of thirty-six dollars: Provided, That the certifying agency, due to specific circumstances, may waive this maximum fee or a part thereof.

(iii) Audit class - the fee includes audit of applicant's field and conditioning records at the hourly rate shown in the current fee schedule.

(b) Trees: The fee includes the verification of the source of the trees from the seed source, stratification, sowing, bed identification, lifting, sorting, package identification, storing and/or transplanting.

(c) Not entered for certification: The fee for audit of reproductive material not entered for certification service is performed as required by and satisfactory to certifying agency to exercise said audit simultaneously with audit of reproductive material which applicant has requested certification service.

(d) The fee for certification classes applied for shall be charged whether or not offered material qualifies.

(e) The certifying agency may provide other services, such as training to comply with these standards, advising on the development of recordkeeping systems directly connected with certification needs if requested by the applicant.

(4) Fee schedule:

Effective June 28, 1998, the fee schedule is as follows:

(a) Tree cones and seed -