Date of Adoption: November 16, 1999.

Purpose: To establish a fee for hop oil constituent analysis, a new service to be offered by the Washington State Department of Agriculture Chemical and Hop Laboratory in Yakima. Also clarifies the existing text by converting it into clear and readable format.

Citation of Existing Rules Affected by this Order: Repealing WAC 16-218-001; and amending WAC 16-218-010 and 16-218-02001.

Statutory Authority for Adoption: RCW 22.09.790.

Adopted under notice filed as WSR 99-20-135 on October 6, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 1. Effective Date of Rule: Thirty-one days after filing.

November 16, 1999

Jim Jesernig

Director

OTS-3437.1

AMENDATORY SECTION(Amending WSR 93-15-069, filed 7/16/93, effective 8/16/93)

WAC 16-218-010
Schedule of fees for physical grading.

The schedule of fees, payable to the department for certification of hops pursuant to the standards established by the Federal Grain Inspection Service of the United States Department of Agriculture shall be as follows:

(1) Lot inspection.  One dollar and twenty-five cents per bale in each lot, minimum charge shall be thirty dollars.

(2) Sample inspection.  Thirty-five dollars per unofficial sample submitted.

(3) Supplemental certificates.  Five dollars per certificate.

(4) Appeal inspection.  Charges for appeal inspections shall be made by the Federal Grain Inspection Service, Portland, Oregon, and payment for appeal inspections shall be made to them.

(5) ((Extra copies.  A charge of two dollars per set shall be made for typing extra copies of a certificate when requested by the original applicant or other financially interested party.

(6))) Extra time and mileage charges.  If through no fault of the inspection service, lots of hops cannot be sampled at the time such sampling has been requested by the applicant or there is an undue delay in making a lot of hops available for sampling, extra time and mileage charges shall be assessed.  Fees for hourly wages shall be charged at the current established sampler hourly rate and mileage shall be charged at the rate established by the state office of financial management.

To be considered available for sampling and certification, each and every bale in the lot of hops shall be readily accessible so that each bale may be properly stenciled and samples drawn from those bales selected by the inspector.

[Statutory Authority: RCW 22.09.830(2).  93-15-069, § 16-218-010, filed 7/16/93, effective 8/16/93.  Statutory Authority: Chapter 22.09 RCW.  86-17-032 (Order 1905), § 16-218-010, filed 8/15/86; 80-08-048 (Order 1710), § 16-218-010, filed 6/30/80; 79-04-077 (Order 1596), § 16-218-010, filed 3/30/79; 78-07-074 (Order 1580), § 16-218-010, filed 6/30/78; Order 1372, § 16-218-010, filed 7/5/74; Order 1156, § 16-218-010, filed 7/1/70, effective 8/1/70; Order 1095, § 16-218-010, filed 6/28/68, effective 8/1/68; Emergency Order 1093, § 16-218-010, filed 6/28/68; Order 995, Regulation 1, filed 12/8/65; Order 815, Regulations 1 and 2, effective 7/1/60.]

The following is the schedule of charges for chemical analyses of hops, hop extract, hop pellets or hop powder:

(1) Official samples of hops drawn by department personnel shall be composited either from the cores drawn for grade analysis, or from cores specifically drawn on a schedule for brewing value only.  ((Charges for analysis are: Thirty-five cents per bale, with a minimum charge of thirty dollars for the ASBC spectrophotometric with moisture, thirty cents per bale, with a minimum charge of thirty dollars for the ASBC spectrophotometric without moisture, and ASBC or EBC conductometric methods.)) A minimum charge of $30.00 per sample is established for each of the analyses listed in this subsection:

(a)	ASBC spectrophotometric with moisture . . . . . . . . . . . . $0.35/bale
(b)	ASBC spectrophotometric without moisture . . . . . . . . . . . . $0.30/bale
(c)	ASBC conductometric . . . . . . . . . . . . $0.30/bale
(d)	EBC conductometric . . . . . . . . . . . . $0.30/bale

An official brewing value certificate shall be used.

(2) Extra time and mileage charges.  If through no fault of the inspection service, lots of hops cannot be sampled at the time such sampling has been requested by the applicant or there is an undue delay in making a lot of hops available for sampling, extra time and mileage charges shall be assessed.  Fees for hourly wages shall be charged at the current established sampler hourly rate and mileage shall be charged at the rate established by the state office of financial management.

To be considered available for sampling and certification, each and every bale in the lot of hops shall be readily accessible so that each bale may be properly stenciled and samples drawn from those bales selected by the inspector.

(3) The following fees shall be charged by the department for samples submitted to the chemical and hop laboratory for analysis:

(a)	ASBC ((spectro)) spectrophotometric . . . . . . . . . . . . $30.00
(b)	ASBC ((conducto)) conductometric . . . . . . . . . . . . $30.00
(c)	EBC ((conducto)) conductometric . . . . . . . . . . . . $30.00
(d)	EBC ((conducto)) conductometric (Wollmer, Zurich, Mebak, Verzele, Ganzlin and hard and/or soft resins) . . . . . . . . . . . . $60.00
(e)	((Spectro)) Spectrophotometric of tannins, Wollmer, etc . . . . . . . . . . . . .$55.00
(f)	Methylene chloride . . . . . . . . . . . . $80.00
(g)	Tannin . . . . . . . . . . . . $55.00
(h)	Ash . . . . . . . . . . . . $20.00
(i)	SO2 . . . . . . . . . . . . $25.00
(j)	H2O . . . . . . . . . . . . $10.00
(k)	HPLC . . . . . . . . . . . . $100.00
(l)	Total oil . . . . . . . . . . . . $25.00
(m)	Oil constituents analysis . . . . . . . . . . . . $145.00
(n)	Wort test, particle size . . . . . . . . . . . . $10.00

(4) A fee shall be charged by the department for any other analysis not listed in this section such as isoconversion products from alpha and beta resins and possible adulterants such as residues.  Fees shall be based on labor costs, laboratory equipment costs, chemical and material costs, administrative and overhead costs.

[Statutory Authority: RCW 22.09.790.  97-05-003, § 16-218-02001, filed 2/5/97, effective 3/8/97.  Statutory Authority: RCW 22.09.830(2).  93-15-069, § 16-218-02001, filed 7/16/93, effective 8/16/93.  Statutory Authority: Chapter 22.09 RCW.  86-17-032 (Order 1905), § 16-218-02001, filed 8/15/86; 79-04-077 (Order 1596), § 16-218-02001, filed 3/30/79; 78-07-074 (Order 1580), § 16-218-020 (codified as WAC 16-218-02001), filed 6/30/78.]

     The following section of the Washington Administrative Code is repealed:

WAC 16-218-001

Promulgation.

© Washington State Code Reviser's Office