WSR 98-23-029

EMERGENCY RULES

DEPARTMENT OF AGRICULTURE

[Filed November 10, 1998, 1:58 p.m.]

Date of Adoption: November 10, 1998.

Purpose: To temporarily exempt certain exported fruit from the requirements of chapters 16-403 and 16-461 WAC as they relate to fruit exported to the following countries: Honduras, Panama, El Salvador, Costa Rica, Guatemala, Nicaragua. The exported fruit must be donated, not for resale and for human consumption. This exemption will remain in effect for sixty days.

Citation of Existing Rules Affected by this Order: Suspending chapters 16-403 and 16-461 WAC.

Statutory Authority for Adoption: Chapter 15.17 RCW, Standards of grades and packs.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Honduras, Panama, El Salvador, Costa Rica, Guatemala, and Nicaragua have been severely affected by hurricanes, flooding and other devastations. These Acts of God have created an emergency situation because many people are without shelter or food. Perishable fruit must be available for immediate shipment into these countries in order to provide them aid for the emergency situation they face. Imposing Washington state standards and inspection requirements will delay the ability of Washington state to provide immediate assistance. This suspension is necessary to prevent a greater emergency.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

November 10, 1998

James M. Jesernig

Director