Subject of Possible Rule Making: To amend WAC 16-218, Hops--Certification analyses--Fees.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 22.09.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: A nongovernmental hop industry group, Hop Growers of America (HGA), proposed establishing a new marketing tool for United States hops, a voluntary procedure for certification of hops as to variety. The varietal certification would be performed by HGA as a private entity; however, HGA would base certification on results of analyses performed on a fee-for-service basis by the WSDA Chemical and Hop Laboratory. Analysis for specific oil components, which is not currently a service offered by the lab, is required for this proposal. A new fee for this service would be needed. A review of the existing services and fee schedule is also in process.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: United States Department of Agriculture (USDA) GIPSA exercises federal oversight of state inspection of all United States hops for physical grade. However, analysis of chemical components of hops is conducted solely under state authority. The USDA has been notified of the proposal.

The Washington Hop Commission regulates some aspects of hop inspection, assessment, and marketing; however, it does not exercise any direct regulatory authority over this proposal. The commission has been notified of the proposal.

Process for Developing New Rule: Washington State Department of Agriculture representatives discuss proposed rule change with affected government agencies and stakeholders and then publish the rule proposal.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mary A. Martin Toohey, Assistant Director, Washington State Department of Agriculture, Laboratory Services Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, fax (360) 902-2094; and/or Royal Schoen, Program Manager, Washington State Department of Agriculture, Chemical and Hop Laboratory, 21 North 1st Avenue, Suite 106, Yakima, WA 98902, phone (509) 225-2621, fax (509) 454-7699.

August 18, 1999

Mary A. Martin Toohey

Assistant Director