Preproposal statement of inquiry was filed as WSR 97-24-112.

Title of Rule: WAC 224-12-090 Bartlett pear assessment rate.

Purpose: Increase the maximum allowable assessment rate on fresh Bartlett pears from $11.36 per 2000 pounds ($.25 per standard box) to $14.09 per 2000 pounds ($.31 per standard box).

Statutory Authority for Adoption: Chapter 15.28 RCW, chapter 303, Laws of 1997.

Statute Being Implemented: Chapter 15.28 RCW.

Summary: The rule change, if approved by a majority of the affected producers voting in a referendum, will increase the maximum assessment on fresh Bartlett pears from $11.36 per 2000 pounds ($.25 per standard box) to $14.09 per 2000 pounds ($.31 per standard box).

Reasons Supporting Proposal: The assessment rate increase is necessary to maintain and expend markets for fresh Bartlett pears grown in Washington.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kenneth F. Severn, 105 South 18th Street, Yakima, WA, (509) 453-4837.

Name of Proponent: Washington State Fruit Commission, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Adoption of the rule is subject to approval by a majority of the affected producers voting in a referendum conducted by the Department of Agriculture.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The Washington State Fruit Commission collects assessments on soft tree fruits, including Bartlett pears, to fund advertising and promotion programs. The cost of conducting the programs for fresh pears has increased substantially since the current assessment rate went into effect over ten years ago. The assessment rate increase will increase funding for programs necessary to maintain and expand markets for fresh Bartlett pears grown in Washington.

Proposal Changes the Following Existing Rules: The proposed rule change will increase the maximum allowable assessment rate on fresh Bartlett pears from $11.36 per 2000 pounds ($.25 per standard 44 pound box) to $14.09 per 2000 pounds ($.31 per standard box).

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule will only affect fresh Bartlett pear growers in Washington state and will only become effective with the approval of a majority of fresh Bartlett pear growers voting in a referendum. There will be no disproportionate cost to small businesses because producers of Bartlett pears in Washington state are considered small businesses (less than fifty full-time, year-round employees). The rule will not increase cost in equipment, supplies, labor or administrative expenses. Cost to the producers is a per unit fee, established annually by an advisory committee based on anticipated production, condition of the markets and estimated cost of the programs. All cost as well as economic benefit to the producer will be in proportion to the level of production of each producer.

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

Hearing Location: Washington State Fruit Commission Meeting Room, W.L. Hansen Building, 105 South 18th Street, Yakima, WA 98901, on June 9, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Cathy Jensen by June 5, 1998, TDD (360) 902-1996, or (360) 902-1976.

Submit Written Comments to: Washington State Fruit Commission, 105 South 18th Street, Suite 205, Yakima, WA 98901, (509) 453-4837, FAX (509) 453-4837, by June 9, 1998.

Date of Intended Adoption: July 1, 1998.

May 6, 1998

Kenneth F. Severn

President

WAC 224-12-090  Bartlett pear assessment rate. As provided for by RCW 15.28.160 and 15.28.180, there is hereby levied on Bartlett pears, an assessment of up to a maximum of ((twenty-five cents per standard box equivalent (approximately forty-four pounds))) fourteen dollars and nine cents ($14.09) per two thousand pounds ($.31 per standard box equivalent approximately forty-four pounds) of Bartlett pears shipped fresh, and an assessment of six dollars for each two thousand pounds of Bartlett pears delivered to processors.

[Statutory Authority: RCW 15.28.160 and 15.28.180. 81-16-034 (Order 4, Resolution 4), § 224-12-090, filed 7/29/81; 80-06-058 (Order 3, Resolution 3), § 224-12-090, filed 5/20/80, effective 7/1/80; Order 2, § 224-12-090, filed 11/29/77, effective 1/1/78; Order 1, § 224-12-090, filed 5/13/74, effective 7/1/74.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.