WSR 01-08-087



[ Filed April 4, 2001, 10:34 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-04-008.

Title of Rule: Rules relating to the apiaries program, chapter 16-602 WAC.

Purpose: To amend existing rules comply with recent statutory amendments that become effective June 30, 2001.

Statutory Authority for Adoption: Chapter 15.60 RCW.

Statute Being Implemented: Chapter 15.60 RCW.

Summary: Existing rules implementing chapter 15.60 RCW have been in effect for several years. The statute was extensively amended by reducing or repealing many regulatory requirements and authorities, effective June 30, 2001. It is necessary to change the implementing rules to reflect and clarify these changes.

Reasons Supporting Proposal: The program rules cannot exceed statutory authority.

Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Clinton Campbell, PhD, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-2071.

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: Existing chapter 16-602 WAC implements the requirements of chapter 15.60 RCW, the Apiaries Act. Proposed changes would reduce regulatory requirements in compliance with amendments to chapter 15.60 RCW, which will go into effect June 30, 2001.

Proposal Changes the Following Existing Rules: The definitions section is repealed, because the statute contains all remaining necessary definitions. Simplifications to the statutory requirements for the Apiary Advisory Committee make unnecessary the existing section designating geographical boundaries for selecting members of the Apiary Advisory Committee. Statutory authority for apiary inspection fees, grower pollination fees, standards for colony strength, and the apiary marking requirement were eliminated. The mechanism for setting the apiarist registration fee schedule is not in statute. The late charge for registration is repealed from rule because the statute directly defines late charges. Types of violations and level of civil penalty assessment are revised to comply with the amended statute. Revisions to reflect recodification of the statute and technical corrections were also incorporated.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes should result in net monetary savings to affected parties.

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: Hal Holmes Community Center, West Room Conference Room, 201 North Ruby, Ellensburg, WA 98926, on May 9, 2001, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Lou Jones by May 7, 2001, TDD (360) 902-1996, or (360) 902-1806.

Submit Written Comments to: Mary Toohey, Assistant Director, Laboratory Services Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, e-mail, fax (360) 902-2094, by May 10, 2001.

Date of Intended Adoption: May 17, 2001.

April 4, 2001

Mary A. Martin Toohey

Assistant Director


AMENDATORY SECTION(Amending Order 5030, filed 2/10/94, effective 3/13/94)

WAC 16-602-025   Apiarist registration fees, schedule.   (1) Beekeepers in the following two categories shall pay a fee for owning or operating colonies of bees in Washington:

(a) Resident beekeepers of Washington;

(b) Nonresident beekeepers operating colonies in Washington for the purpose of producing honey or other products, or their use or rental for pollination of agricultural crops.

(2) Both categories of beekeepers shall pay a fee based upon the number of colonies they own or will operate during the calendar year in Washington. The fee schedule shall be as follows:

1 - 5 colonies $ 5.00
6 - 25 colonies $ 10.00
26 - 100 colonies $ 25.00
101 - 300 colonies $ 50.00
301 - 500 colonies $ 100.00
501 - 1,000 colonies $ 200.00
1,001 or more colonies $ 300.00

((This fee schedule shall remain in effect unless changed upon the advice of the apiary advisory committee and pursuant to the Administrative Procedure Act, chapter 34.05 RCW.))

(3) The registration fee shall be paid, on or before April first, on the number of colonies of bees:

(a) Owned by resident beekeepers;

(b) Operated and or rented for pollination by nonresident beekeepers during the calendar year in Washington.

((A late charge of one and one-half percent per month shall be assessed on the unpaid balance against persons more than thirty days in arrears.))

[Statutory Authority: Chapter 15.60 RCW. 94-05-049 (Order 5030), 16-602-025, filed 2/10/94, effective 3/13/94.]

AMENDATORY SECTION(Amending WSR 97-24-066, filed 12/2/97, effective 1/2/98)

WAC 16-602-026   Broker registration fees.   In accordance with RCW ((15.60.050)) 15.60.021, there is assessed an annual broker registration fee of $100 due and payable to the department on April 1 of each year. If a person registers as both a broker and an apiarist, only one of the registration fees shall be owed. The lesser of the two registration fees shall be waived.

[Statutory Authority: RCW 15.60.025 and 15.60.170(2). 97-24-066, 16-602-026, filed 12/2/97, effective 1/2/98.]

AMENDATORY SECTION(Amending WSR 97-24-066, filed 12/2/97, effective 1/2/98)

WAC 16-602-050   Types of offenses and level of civil penalty assessment.   (1) Violations of the Apiaries Act include, but are not limited to:

(a) Failure to register as a resident or non-resident apiarist (((reference WAC 16-602-025 and RCW 15.60.050):));

(b) Failure to register as a broker (((reference WAC 16-602-026 and RCW 15.60.050)));

(c) Failure to remit apiary registration fees (((reference WAC 16-602-025 and RCW 15.60.050)));

(d) Failure to remit broker registration fees (((reference WAC 16-602-026 and RCW 15.60.050);

(e) Failure to remit pollination service fees (reference WAC 16-602-027 and RCW 15.60.040);

(f) Failure to mark apiaries in accordance with WAC 16-602-040 (reference RCW 15.60.020);

(g) Altering an official certificate or other official inspection document or misrepresenting a document, as described in RCW 15.60.150(2))).

(2) The level of civil penalty assessed for each individual violation shall be as follows:

First violation . . . . . . . . . . . . $100

Second violation . . . . . . . . . . . . $500

Third and each subsequent violation . . . . . . . . . . . . $1,000

[Statutory Authority: RCW 15.60.025 and 15.60.170(2). 97-24-066, 16-602-050, filed 12/2/97, effective 1/2/98.]


     The following sections of the Washington Administrative Code are repealed:
WAC 16-602-005 Definitions.
WAC 16-602-010 Apiary board, area boundaries.
WAC 16-602-020 Apiary inspection fees.
WAC 16-602-027 Grower pollination service fee, collection, remittance.
WAC 16-602-030 Colony strength.
WAC 16-602-040 Apiary marking.
WAC 16-602-045 Civil penalty authority and application.

Washington State Code Reviser's Office