PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-19-086.
Title of Rule: Red raspberry grades and standards in chapter 16-143 WAC.
Purpose: The rules establish standards for fresh red raspberries that are destined for freezing, puree, juice stock and other processing uses; establish standards for red raspberry puree stock and juice stock red raspberries; establish container marking requirements for red raspberries and specify how red raspberries may be used, processed and sold.
Statutory Authority for Adoption: Chapters 15.17 and 69.04 RCW.
Statute Being Implemented: Chapters 15.17 and 69.04 RCW.
Summary: The proposed new section to the red raspberry grades and standards will delay the effective date of the rules and exempt from the rules all red raspberries produced prior to June 2001.
Reasons Supporting Proposal: To delay the implementation of the rules in response to concerns on impact of the rules to existing contracts for the purchase of red raspberries for the harvest year 2000.
Name of Agency Personnel Responsible for Drafting: Deborah Anderson, P.O. Box 42560, Olympia, WA 98504-2560, (360) 902-1809; Implementation and Enforcement: Claudia Coles, Program Manager, P.O. Box 42560, Olympia, WA 98504-2560, (360) 902-1905.
Name of Proponent: Washington State Department of Agriculture, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: In May 2000, the department completed a rule-making process that resulted in the adoption of WAC 16-143-010 through 16-143-110, red raspberry grades and standards. The rules adopted on May 22, 2000, would have gone into effect June 22, 2000. On June 14, 2000, the department adopted an emergency rule based on the factors set forth below to delay the effective date. A second emergency was filed on October 12, 2000.
Subsequent to the adoption of the permanent rules, the department received a petition for stay and reconsideration and a petition for implementation of the newly enacted rules relating to the standards. The petitions identified impacts to the existing contracts for the purchase of red raspberries for the harvest year 2000 and raised other questions not identified in the rule-making process. This proposed new section to the rule will exempt red raspberries harvested prior to the 2001 harvest season.
Proposal Changes the Following Existing Rules: Nothing in this proposal will change the existing grades and standards adopted by the department, however, a new section is being proposed to delay the effective date of the existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule proposal delays the effective date of the rules by exempting all red raspberries produced prior to June 2001.
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: Bellingham Parks and Recreation, Blodel Donovan Pavilion, 2214 Electric Avenue, Bellingham, WA 98225-1764, on January 9, 2001, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Julie Carlson by January 2, 2001, TDD (360) 902-1996, or (360) 902-1880.
Submit Written Comments to: Claudia Coles, Program Manager, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2087, by January 9, 2001.
Date of Intended Adoption: January 10, 2001.
December 6, 2000
William E. Brookreson
Deputy Director
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