Date of Adoption: August 31, 2001.
Purpose: To reduce the apple assessment on all fresh apples grown annually in this state, and upon all apples packed as Washington apples to 54.3 cents on each one hundred pounds gross billing weight effective September 1, 2001, instead of October 1, 2001, as currently established in rule.
Citation of Existing Rules Affected by this Order: Amending WAC 24-12-010.
Statutory Authority for Adoption: Chapter 15.24 RCW.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The decision by the commission to reduce the apple assessment on fresh apples one month sooner than currently established in rule is a result of a response to the current economic conditions in the Washington apple industry.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: RCW 15.24.090
provides that the commission may exercise its discretion as to
whether to approve an increase of an assessment approved by
referendum. The Apple Commission passed a motion to reduce the
assessment one month sooner than currently established in rule.
Effective Date of Rule: Immediately.
August 31, 2001
(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:
1/3 Bushel box (packed or loose)
|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. 00-23-064, 24-12-010, filed 11/15/00, effective 12/16/00. 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.]