PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-07-132.
Title of Rule: Chapter 16-212 WAC, Grain, hay, beans 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 program schedule of fees to reflect a 3.32% increase in hourly based fees and in the unit fees for submitted grain and commodity samples. The title of the WAC will be changed for clarity.
Reasons Supporting Proposal: Recoup a portion of the additional operational expenses due to changes in insurance rates, required equipment purchases and legislatively mandated salary increases.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Randall R. Deike, Olympia, (360) 902-1921.
Name of Proponent: Washington State Department of Agriculture (WSDA), 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: This rule establishes the schedule of user fees for the grain inspection program. The fees are the sole source of funding for program activities and the revenues generated must be adequate to support the services provided. The proposed increase is expected to generate approximately $30,000 in additional revenues and will offset, in part, increased insurance rates for fiscal year 1999, a legislatively mandated salary increase effectively July 1, 1999, and the purchase of equipment required to maintain USDA authorizations to provide official inspection services.
The proposed change, targeted to become effective September 1, 1999, will raise hourly, overtime, standby and callback charges and fees assessed for inspection of submitted grain and graded commodity samples by the allowable growth rate of 3.32% for fiscal year 2000. The proposal also changes the title of chapter 16-212 WAC from "Grain, hay, beans and peas--Inspection fees" to "WSDA grain inspection program--Fee schedule" for clarity.
Proposal Changes the Following Existing Rules: Increase hourly based fees and unit fees for submitted grain and commodity samples by 3.32%. The title of the WAC will be changed for clarity.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Fees for WSDA grain inspection program services are also approved under USDA authorizations and must be applied uniformly to all applicants for service. The proposed fee increase will generate less than a 1% increase in program revenue per year. Additional revenue per fiscal year is projected at $30,000 for a total of approximately $4.3 million (based on fiscal year 1998 inspection services). The financial impact on small businesses will be minimal.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.
Hearing Location: Natural Resources Building, 1111 Washington Street, 2nd Floor, Conference Room 259, Olympia, WA 98504, on July 8, 1999, at 1:00 p.m.
Assistance for Persons with Disabilities: Contact Cathy Jensen by July 7, 1999, 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 July 8, 1999, at 5:00 p.m.
Date of Intended Adoption: July 20, 1999.
May 17, 1999
Robert W. Gore
Assistant Director
OTS-3140.1
((GRAIN, HAY, BEANS AND PEAS--INSPECTION FEES)) WSDA GRAIN
INSPECTION PROGRAM--FEE SCHEDULE
(1) "Department" means the Washington state department of agriculture.
(2) "Ton" means two thousand pounds avoirdupois.
(3) "Overtime" means any time worked on Saturdays, Sundays, or holidays and all time
worked before ((8:00 a.m.)) or after ((5:00 p.m. on)) the regularly scheduled working hours,
Monday through Friday, unless alternate work schedules have been established at inspection
sites.
(4) "Fees" means any charge made by the department for inspection and handling of any commodity or for services related to weighing or storage of grains or commodities.
(5) "Occasional work stoppage" means the union stop work meetings usually held once per month.
[Statutory Authority: Chapter 22.09 RCW. 84-14-065 (Order 1836), § 16-212-010, filed 7/2/84; 83-06-063 (Order 1789), § 16-212-010, filed 3/2/83; Order 1118, § 16-212-010, filed 5/29/69, effective 7/1/69; Order 1031, Regulation 1, filed 9/9/66, effective 10/10/66; Order 981, filed 6/1/65; Order 790, effective 9/1/59.]
(1) Straight time, rate per hour . . . . . . . . . . . . (( |
(2) Overtime, and night shift rate per hour . . . . . . . . . . . .
(( |
(a) Requests for service on Saturdays, Sundays, or holidays, or for work shifts other than
the inspection office's established standard workday hours, Monday through Friday, must be
received by the inspection office no later than 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 within the established time frames, service will be
provided where personnel are available, but an additional fee of (($4.42)) $4.57 per hour, per
employee, will be assessed for the hours of the requested service.
(b) Requests for service which are beyond the scope or volume normally provided at an inspection site must be received by the inspection office no later than 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 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, two additional hours per employee, will be charged at the rate of (($11.10)) $11.47 per
hour and added to other fees charged.
(d) Scheduled night shifts.
(i) The department 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 (($6.65))
$6.87 per hour, per employee(([,])), 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 the full twenty-one day notice is not
given, a fee of (($6.65)) $6.87 per hour, per employee, 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 . . . . . . . . . . . . (( |
(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 is not adequate to pay the cost of providing the service, a guarantee of the expense of providing the service 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: RCW 22.09.790. 98-12-058, § 16-212-030, filed 5/29/98, effective 6/29/98. 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.]
(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 |
(a) Carlots sampled by United States Department of Agriculture approved diverter type mechanical samplers, per car . . . . . . . . . . . . $ 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 . . . . . . . . . . . . [$24.00] [$ 24.50] |
(3) Inspection only of trucks, per truck . . . . . . . . . . . . $ 15.00 |
(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, |
(( per inspection . . . . . . . . . . . . (( |
(b) Canola, per inspection . . . . . . . . . . . . (( |
(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 |
(b) Factor certification only (maximum of one factor), per certificate . . . . . . . . . . . . $ 2.50 |
(i) Additional factors added to a factor certificate, per factor . . . . . . . . . . . . $ 2.50 |
(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 analysis of constituents (protein, oil, etc.) by near-infrared transmittance.
(a) Official constituent analysis of wheat, soybeans, or other FGIS approved commodities when in conjunction with official inspection for grade, per test . . . . . . . . . . . . $ 6.25 |
(b) Official constituent analysis of wheat, soybeans, or other FGIS approved commodities when not in conjunction with official inspection for grade, per test . . . . . . . . . . . . $ 8.50 |
(c) 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 bagged grain, per cwt . . . . . . . . . . . . $0.0624 effective June 30, 1998; $0.065 effective July 1, 1998. |
(10) Checkloading bagged grain, per hour, per employee . . . . . . . . . . . . (( |
(11) Waxy corn determination, on request, per determination . . . . . . . . . . . . $ 12.75 |
(12) 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 . . . . . . . . . . . . (( |
(c) Reinspection, based on official file, screening or quantitative, except thin layer chromatography, per test . . . . . . . . . . . . (( |
(d) Reinspection, based on a new sample, screening or quantitative, except thin layer chromatography, per test . . . . . . . . . . . . $ 37.50 |
(13) Stowage examinations - ships, barges(([,])), or vessels.
(a) Per stowage space or tank, or return to stowage space or tank(( |
(b) Initial inspection, minimum charge . . . . . . . . . . . . $120.00 |
(c) Subsequent inspections, minimum charge . . . . . . . . . . . . $ 72.00 |
(d) Travel time, two hour minimum, per hour, per employee . . . . . . . . . . . . (( |
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 the fee schedule will be assessed 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(( |
(15) Diverter-type samples, per hour, per employee . . . . . . . . . . . . (( |
(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 |
(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 hour, per employee . . . . . . . . . . . . (( |
(c) Checkweighing of bagged grain, per hour,
peremployee . . . . . . . . . . . . (( |
(d) Scale certification/checktesting of official weighing scales. |
(i) Weights and measures scale specialist, per employee-hour . . . . . . . . . . . . (( |
(ii) Grain inspection personnel, per hour, per employee . . . . . . . . . . . . (( |
[Statutory Authority: RCW 22.09.790. 98-12-058, § 16-212-060, filed 5/29/98, effective 6/29/98. 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.]
(1) Inspection or analysis of graded and nongraded commodities.
(a) Inspection of bagged commodities at inspection points, per cwt . . . . . . . . . . . . $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) . . . . . . . . . . . . (( |
(d) Submitted sample inspection, per sample . . . . . . . . . . . . (( |
(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 |
(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 (( certificate, per factor . . . . . . . . . . . . $ 2.50 (A maximum of $13.75 will be charged for grading factors only.) |
(e) Analysis of rapeseed, mustard seed, confectionary sunflower seed, safflower seed, or other commodities with established FGIS factor only inspection procedures, per certificate . . . . . . . . . . . . (( |
(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 |
(a) Per hour per employee, two hour minimum(( |
(6) Sanitation inspections(([.][,])).
(a) Initial inspection . . . . . . . . . . . . no charge |
(b) Reinspections, four hour minimum, per hour,
per employee . . . . . . . . . . . . (( |
(8) Mycotoxin testing fees.
(a) Screening or quantitative testing determinations, except thin (( per test . . . . . . . . . . . . $ 37.50 |
(9) Falling numbers determinations, per determination . . . . . . . . . . . . $ 12.75 |
Liquefaction number, per determination . . . . . . . . . . . . $ 0.50 |
[Statutory Authority: RCW 22.09.790. 98-12-058, § 16-212-070, filed 5/29/98, effective 6/29/98. 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.]
(1) Mailing of samples shall be charged at (( the actual mailing costs, minimum charge . . . . . . . . . . . . $ 2.00 |
(2) Fee(( established by the department, per sample . . . . . . . . . . . . $ 0.60 |
(a) Travel time, per employee, will be charged at the applicable straight time or overtime rate from office to inspection point and return.
(b) 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 (([the])) the actual cost(([.])).
(e) Facsimile transmissions, per page . . . . . . . . . . . . $ 1.00 |
(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 (( |
(a) When performed in conjunction with official inspection, per certificate . . . . . . . . . . . . $ 6.75 |
(b) When performed without official inspection, add sampling fee, per hour(( employee . . . . . . . . . . . . (( |
(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: RCW 22.09.790. 98-12-058, § 16-212-080, filed 5/29/98, effective 6/29/98. 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.]
(1) 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 . . . . . . . . . . . . (( |
(d) Inspection of bagged commodities per cwt . . . . . . . . . . . . $0.0624 effective June 30, 1998; $0.065 effective July 1, 1998. |
(2) Cracked corn, corn screenings, and mixed grain screenings will be inspected and/or weighed at applicable rates shown in WAC 16-212-060.
(3) Unofficial analysis of constituents (protein, oil, etc.) by near-infrared transmittance provided at the applicable rates shown in WAC 16-212-060.
(4) 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. |
[Statutory Authority: RCW 22.09.790. 98-12-058, § 16-212-082, filed 5/29/98, effective 6/29/98. 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.]