WSR 01-22-104



[ Filed November 7, 2001, 10:11 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Termination of the Washington Asparagus Marketing Order, chapter 16-557 WAC.

Purpose: Chapter 16-557 WAC are rules under which the Washington Asparagus Commission is established.

Statutory Authority for Adoption: Chapter 15.65 RCW.

Statute Being Implemented: RCW 15.65.050 through 15.65.200 and applicable provisions of chapter 34.05 RCW, Part III.

Summary: The Washington State Department of Agriculture was petitioned by a portion of the asparagus growers to terminate the Washington Asparagus Commission. The proposal would repeal the rules under which the commission is established and thereby terminate the commission.

Reasons Supporting Proposal: Under RCW 15.65.050 through 15.65.120, the director of agriculture is required to hold a hearing to determine whether termination of the commission would effectuate the declared policies and purposes of the statute and marketing order. At the hearing, the department will request testimony on the following issues:

1. Does the Washington Asparagus Commission marketing order effectuate the policies of chapter 15.65 RCW and is the marketing order still needed to effectuate those policies for the asparagus industry in the state of Washington?

2. Is the Washington Asparagus Commission marketing order reasonably adapted to accomplish the purposes and objects [objectives] for which it was issued and does it comply with the applicable provisions of chapter 15.65 RCW?

3. Is the Washington Asparagus Commission accomplishing or failing to accomplish the policies of chapter 15.65 RCW and its marketing order?

4. Is the Washington Asparagus Commission needed to effectuate the policies set forth in chapter 15.65 RCW for the asparagus industry in the state of Washington? If not, should those policies set forth in RCW 15.65.030 and 15.65.040 be accomplished independently or without a commission? Explain why and how?

Based on the testimony taken at the hearing and written comments received by the department in response to this notice and the notice issued pursuant to chapter 15.65 RCW, the director will make findings and issue a recommended decision and a final decision. The final decision may result in a referendum to RCW 15.65.160 or a decision to deny the proposal is its entirety under RCW 15.65.120. If the proposal is denied in its entirety, no further action will be taken by the director and a referendum will not be held.

Name of Agency Personnel Responsible for Drafting and Implementation: Deborah Anderson, P.O. Box 42560, Olympia, WA 98504-2560, (360) 902-2043; and Enforcement: William E. Brookreson, P.O. Box 42560, Olympia, WA 98504-2560, (360) 902-1800.

Name of Proponent: Names of proponents are contained in petitions filed with the director of the Washington State Department of Agriculture and are available for public inspection, private.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The repeal of chapter 16-557 WAC would terminate the Washington Asparagus Commission effective December 31, 2002.

Proposal Changes the Following Existing Rules: Repeals the chapter 16-557 WAC.

No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 requires a small business economic impact statement for the adoption of a rule. This proposal repeals chapter 16-557 WAC.

RCW 34.05.328 does not apply to this rule adoption. The Washington State Department of Agriculture is not a named agency.

Hearing Location: WestCoast Yakima Center, 607 Yakima Avenue, Yakima, WA 98901, on December 12, 2001, at 1:00 p.m.; and at TRAC, 6600 Burden Boulevard, Pasco, WA 99301, on December 13, 2001, 9:00 a.m.

Assistance for Persons with Disabilities: Contact Jodie Jones by December 4, 2001, TDD (360) 902-1996, or (360) 902-1976.

Submit Written Comments to: Deborah Anderson, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2092, by December 13, 2001.

Date of Intended Adoption: April 11, 2002.

November 7, 2001

William E. Brookreson

Deputy Director


     The following sections of the Washington Administrative Code are repealed:
WAC 16-557-010 Definition of terms.
WAC 16-557-020 Asparagus commodity board.
WAC 16-557-025 Rules for implementation of promotional hosting by the Washington asparagus commission.
WAC 16-557-030 Marketing order purposes.
WAC 16-557-040 Assessments and collections.
WAC 16-557-041 Time -- Place -- Method for payment and collection of assessments.
WAC 16-557-050 Obligations of the board.
WAC 16-557-060 Termination of the order.
WAC 16-557-070 Effective time.
WAC 16-557-080 Separability.

Washington State Code Reviser's Office