EXPEDITED ADOPTION
Title of Rule: Amount of assessments in WAC 24-12-010.
Purpose: This section establishes the rate of assessment for fresh apples grown in Washington state.
Statutory Authority for Adoption: Chapter 15.24 RCW.
Statute Being Implemented: Chapter 15.24 RCW.
Summary: The assessment of fresh apples was increased from 54.3 cents per one hundred pounds (25 cents per standard 46-pound box) to 86.96 cents per one hundred pounds (40 cents per standard 46-pound box) for a period of three years.
Reasons Supporting Proposal: To correct a typographical error that occurred in filing WSR 98-18-060 in WAC 24-12-010.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ken Severn, 2900 Euclid Avenue, Wenatchee, WA, (509) 663-9600.
Name of Proponent: Washington Apple Advertising Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule provides for the level of assessments on fresh apples grown in the state of Washington. The assessment amount is approved by the majority of the affected producers voting in the referendum. On August 31, 1998, the commission adopted (filing WSR 98-21-048) an increase in the assessment rate which was approved by the producers in a referendum conducted on August 23, 1998. The adopted language contained a typographical error in the assessment rate for those assessments used only for direct consumer advertising. The purpose of this amendment is to correct the typographical error.
Proposal Changes the Following Existing Rules: Amends in
WAC 24-12-010(1) the assessment on each one hundred pounds gross
billing weight used only for direct consumer advertising from
35.66 cents to 32.66 cents.
THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Ken Severn, Washington Apple Commission, P.O. Box 18, Wenatchee, WA 98807, fax (509) 663-5824 , AND RECEIVED BY October 23, 2000.
August 21, 2000
Kenneth L. Severn
President
(1) There is hereby
levied upon all fresh apples grown annually in this state, and
upon all apples packed as Washington apples, an assessment of
86.96 cents on each one hundred pounds gross billing weight until
September 30, 2001. On and after October 1, 2001 the assessment
on fresh apples shall be 54.3 cents on each one hundred pounds
gross billing weight. For the period October 1, 1998 through
September 30, 2001, ((35.66)) 32.66 cents of the assessment on
each one hundred pounds gross billing weight shall be used only
for direct consumer advertising.
(2) Assessments shall be payable as provided in WAC 24-12-012, whether in bulk or loose in boxes or any other container, or packed in any style package. The gross billing weights for the following containers shall apply for the purpose of computing said assessments:
| DESCRIPTION OF CONTAINER |
GROSS BILLING WEIGHTS |
1/3 Bushel box (packed or loose) |
15 lbs. |
| 1/2 Bushel box (loose) | 23 lbs. |
| Bulk bushel container (loose) | Net weight plus 3 lbs. tare |
| 9/4 and 12/3 Bag containers | 41 lbs. |
| 13/3 Bag container | 44 lbs. |
| 10/4 and 8/5 Bag containers | 45 lbs. |
| 12/4 Bag container | 53 lbs. |
| Standard tray pack container | 46 lbs. |
| Pocket cell tray pack container | 46 lbs. |
| Cell pack containers, all counts | 46 lbs. |
| 2-Layer tray pack container | 23 lbs. |
| Single-layer tray pack container | 12 lbs. |
[Statutory Authority: Chapter 15.24 RCW and 1997 c 303. 98-18-060 and 98-21-048, § 24-12-010, filed 8/31/98 and 10/15/98, effective 10/1/98. Statutory Authority: RCW 15.24.070(1). 86-21-088 (Order 19), § 24-12-010, filed 10/17/86; 84-20-002 (Order 16), § 24-12-010, filed 9/20/84; 82-20-073 (Order 13), § 24-12-010, filed 10/6/82. Statutory Authority: RCW 15.24.070(1) and 15.24.090. 81-16-011 (Order 9), § 24-12-010, filed 7/27/81. Statutory Authority: RCW 15.24.070(1). 79-04-045 (Order 8), § 24-12-011 (codified as WAC 24-12-010), filed 3/27/79, effective with the 1979 and subsequent crops of apples; 78-07-030 (Order 7), § 24-12-010, filed 6/16/78, effective 9/1/78; Order 6, § 24-12-010, filed 11/14/77; Order 1, § 24-12-010, filed 9/19/69; Regulation No. 2, filed 1/26/67; Regulation No. 2, effective 9/29/61.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.