Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Washington State Department of Agriculture procedural rules for lists of organizations.

Purpose: RCW 43.05.020 mandates departments to compile and maintain lists of those who provide technical assistance. This rule describes how the lists of technical assistance providers will be organized for the Department of Agriculture.

Statutory Authority for Adoption: RCW 43.05.020.

Statute Being Implemented: Chapter 43.05 RCW.

Summary: Those organizations, companies and/or individuals that wish to be listed or removed from a technical assistance list with the Department of Agriculture must contact the department. The name, address and other information to facilitate that process is contained in the proposed rule.

Reasons Supporting Proposal: The Department of Agriculture is mandated under chapter 43.05 RCW to compile and maintain a technical assistance provider list.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Dannie McQueen, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, (360) 902-1809.

Name of Proponent: , governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Procedures for organizations, companies and/or individuals to follow when wanting to be listed as a technical assistance provider or removed from a list.

Proposal Changes the Following Existing Rules: Persons must contact the department to be listed on a technical assistance list or removed versus the department doing the outreach.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Several options are provided organizations, companies and/or individuals, which include facsimile, telephone, written correspondence, e-mail, etc. There are no filing or registration costs involved.

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, Natural Resources Building, 2nd Floor, Conference Room 205, 1111 Washington Street S.E., Olympia, WA 98504-2560, on March 23, 1999, at 8:30 a.m.

Assistance for Persons with Disabilities: Contact Cathy Jensen by March 17, 1999, TDD (360) 902-1996, or (360) 902-1976.

Submit Written Comments to: Dannie McQueen, Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2092, by March 23, 1999, at 5:00 p.m.

Date of Intended Adoption: March 23, 1999.

February 5, 1999

William E. Brookreson

Assistant Director

OTS-2811.1

AMENDATORY SECTION(Amending Order 5098, filed 6/18/96, effective 7/19/96)

WAC 16-05-010
What does an organization, company or individual have to do to get on the applicable list?

((An organization, company or individual must write to the Washington state department of agriculture, provide the name of the organization, company or individual, address and telephone number, unified business identifier (UBI) number, authorized agent, a brief description of the type of technical assistance provided, and identify the department program.  The document must include the signature of the person requesting his/her name be put on the list or the signature of the authorized agent of the company or organization who requests listing.)) Should an organization, company or individual wish to be included or removed from a technical assistance list of the department, a request must be made to the department via telephone, facsimile transmission, e-mail or address and request that their organization, company or individual name and pertinent information be added.

Requests may be directed to the department at the main department address and telephone number: Department of Agriculture, P.O. Box 42560, Olympia, Washington 98504-2560. Telephone: (360) 902-1800. Anyone contacting the department is encouraged to refer to the applicable division and program, by using the following organization description, by division and program as a guide.

(1) Director's office:

Legislative affairs.

Internal program review.

Policy development and review.

(2) Agency operations division:

Accounting, budget, payroll, forms and records, adjudicative proceedings, public disclosure, Washington Administrative Code filings, personnel office, information technology services, information office, international marketing and commodity commission and fairs commission activities.

(3) Commodity inspection division:

Fruit and vegetable inspection program for quality, grade, condition, size and pack.

State-wide grain inspection.

(4) Consumer and producer protection division:

Commission merchants program.

Livestock identification, brand registration and inspection.

Establishment of livestock markets.

Grain warehouse audit.

Weights and measures program.

Seed program regulates the quality and labeling of various crop seeds in Washington.

(5) Food safety and animal health division:

Dairy inspection program.

Food processing program.

Organic food program.

Egg inspection program.

Animal health program.

(6) Laboratory services division:

Performs chemical and micro-biological analyses in support of the food safety and pesticide management programs.

Administers hop inspection and analyses.

Pest management program is responsible for nonnative insect detection and control, and plant pest and disease identification; develops and enforces plant quarantines.

Apiary program provides education and registration for Washington apiarists.

Nursery program certifies nursery stock and issues phytosanitary certificates for materials moving out-of-state.

(7) Pesticide management division:

Administers the regulations of pesticides, animal feeds and fertilizer laws, and waste disposal program broken down into three units of the division.

The compliance unit enforces state and federal pesticide laws, animal feed laws and fertilizer laws; investigates complaints of pesticide misuse.

The registration unit registers pesticides, fertilizers and animal feeds sold and used in the state.

The program development and certification unit conducts the waste pesticide disposal program; provides interagency coordination on pesticide-related issues; provides safety training on the use of pesticides, which includes public outreach and new program development; licenses pesticide application equipment, pesticide dealers, and commercial, public and private pesticide applicators, operators and consultants; approves recertification courses and tracks educational credits on pesticide licensees.

[Statutory Authority: Chapter 43.05 RCW.  96-13-082 (Order 5098), § 16-05-010, filed 6/18/96, effective 7/19/96.]

(1) The department will not perform any testing or background checks on requestors for inclusion on a department technical assistance list. The department will exercise reasonable care to include or delete names upon request ((if received by the department by May 15 of each year.  The list will be published annually on or around July 1st of each year)).  The department is not responsible for errors on ((the)) a technical assistance list.  In addition, the inclusion of a name of an individual, company or organization on ((the)) a list should not be construed as an endorsement by the department. Customers using a technical assistance list for referral are encouraged to contact the better business bureau or the office of the attorney general, consumer protection unit, to determine whether a name selected is the subject of a complaint. Customers are also encouraged to check references of those on a list before they select an organization, company or individual to perform technical assistance.

(2) Any person who is on ((the)) a technical assistance list is prohibited from holding themselves out as an employee or agent of the Washington state department of agriculture or suggesting that the department endorses the services provided.

[Statutory Authority: Chapter 43.05 RCW.  96-13-082 (Order 5098), § 16-05-040, filed 6/18/96, effective 7/19/96.]

     The following sections of the Washington Administrative Code are repealed:

WAC 16-05-005	How will the lists be developed?
WAC 16-05-015	Will the department of agriculture approve organizations, companies or individuals who request listing?
WAC 16-05-020	How often are lists changed or updated?
WAC 16-05-025	Does an applicant have to reapply each year to stay on the list?
WAC 16-05-030	How do I take my name off the list?
WAC 16-05-035	Each list will include consumer information.
WAC 16-05-045	Who to contact for inclusion, exclusion and copies of the list within the department.

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