WASHINGTON STATE REGISTER

WSR 02-17-101

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[ Filed August 21, 2002, 8:12 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-14-128.

Title of Rule: Chapter 16-400 WAC, Fruit and vegetable inspection fees and chapter 16-458 WAC, Fruit and vegetable inspection district boundaries.

Purpose: The department is proposing permanent rules to replace emergency rules filed on July 2, 2002, that implemented chapter 322, Laws of 2002 (SSB 6254), which affected the department's fruit and vegetable inspection districts and their inspection fees. The department is proposing permanent amendments to chapter 16-400 and 16-458 WAC that are identical to the emergency rule amendments adopted on July 2, 2002.

Statutory Authority for Adoption: Chapters 15.17 and 34.05 RCW.

Statute Being Implemented: Chapter 322, Laws of 2002 (SSB 6254).

Summary: The proposed permanent rule amendments:

• Repeal WAC 16-458-080 Fruit and vegetable district three (Moses Lake district) eliminating the Moses Lake inspection district.

• Amend WAC 16-458-075 Fruit and vegetable district two (Yakima) and WAC 16-458-085 Fruit and vegetable district four (Wenatchee) to divide Moses Lake district three between district two and district four.

• Adopt a new section, WAC 16-400-008, which reduces fees charged for inspection services in the area served by Moses Lake district three (as defined in rule on January 1, 2002) and fees charged for inspection services in the area served by Yakima district two (as defined by rule on January 1, 2002). (For details, see Explanation of Rule below.)

Reasons Supporting Proposal: The 57th legislature enacted and the governor signed (April 2, 2002) SSB 62564 [6254] into law (chapter 322, Laws of 2002). On July 2, 2002, the department filed emergency rules, effective immediately, to implement these statutory changes. Emergency rules expire after one hundred twenty days (October 30, 2002); therefore, permanent rules must be proposed and adopted to replace them.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jim Quigley, Program Manager, Olympia, (360) 902-1833.

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: The proposed permanent rule amendments, which replace the emergency rules filed by the Washington State Department of Agriculture (WSDA) on July 2, 2002, implement chapter 322, Laws of 2002 (SSB 6254) by:

• Repealing WAC 16-458-080 Fruit and vegetable district three (Moses Lake district) to comply with the statutory mandate that the state be divided into not less than two fruit and vegetable inspection districts.

• Amending WAC 16-458-075 Fruit and vegetable district two (Yakima) and WAC 16-458-085 Fruit and vegetable district four (Wenatchee) to divide Moses Lake district three between district two and district four. By eliminating Moses Lake district three the fruit and vegetable inspection program operating expenses will decrease due to the elimination of two management and three clerical positions.

• Adopting a new section, WAC 16-400-008, which reduces fees charged for inspection services in the area served by Moses Lake district three (as defined in rule on January 1, 2002) by 9.5% (except for inspection charges accrued on FV-300 and FV-301 certificates). These fee reductions began July 1, 2002, under emergency rules, and will remain in effect, under the proposed permanent rule amendments, through June 30, 2003, at which time the fees return to the level of fees established in chapter 16-400 WAC. The new section, WAC 16-400-008, also reduces fees charged for inspection services in the area served by Yakima district two (as defined by rule on January 1, 2002) by 12.5% (except for inspection charges accrued on FV-300 and FV-301 certificates). These reductions began July 1, 2002, under the emergency rules, and continue under the proposed permanent rule amendments, until the conditions established in chapter 322, Laws of 2002 (SSB 6254) are met, at which time the fees return to the level of fees established in chapter 16-400 WAC.

Proposal Changes the Following Existing Rules: The proposed permanent rule amendments:

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed permanent rule amendments do not impose any new costs on the regulated industry, rather, if adopted, they reduce fees charged for inspection services (except for inspection charges accrued on FV-300 and FV-301 certificates) in the area served by Moses Lake district three (as defined in rule on January 1, 2002) and in the area served by Yakima district two (as defined by rule on January 1, 2002).

RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 does not apply to this rule adoption because WSDA is not a listed agency under RCW 34.05.328 (5)(a)(i).

Hearing Location: Yakima Agriculture Center, 2nd Floor Conference Room, 21 North 1st Avenue, Yakima, WA, on September 24, 2002, at 11:00 a.m.; and at WSU Tree Fruit Research Center, 1100 North Western Avenue, Wenatchee, WA, on September 25, 2002, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Laurie Crose by September 17, 2002, TDD (360) 902-1996 or (360) 902-1976.

Submit Written Comments to: Jim Quigley, Program Manager, WSDA Fruit and Vegetable Inspection Program, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2085, by 5:00 p.m., September 25, 2002.

Date of Intended Adoption: September 27, 2002.

August 21, 2002

Robert W. Gore

Assistant Director

OTS-5612.2

AMENDATORY SECTION(Amending WSR 99-17-002, filed 8/4/99, effective 9/4/99)

WAC 16-458-075 Fruit and vegetable district two. Fruit and vegetable district two shall consist of Kittitas, Klickitat, Skamania, Yakima ((and that portion of Benton County lying west of a line running south from the Columbia River known as the center line of Range 27E, and north of Sellards Road from its junction with Range 27E on the east, thence west to the Yakima County line; this includes the Prosser, Kiona, and Benton City areas)), Pacific, Lewis, Wahkiakum, Cowlitz, Clark, Benton, Franklin, Walla Walla, Columbia, Asotin, Whitman and Garfield counties.

[Statutory Authority: Chapter 15.17 RCW. 99-17-002, § 16-458-075, filed 8/4/99, effective 9/4/99; Order 1471, § 16-458-075, filed 7/2/76.]

AMENDATORY SECTION(Amending WSR 99-17-002, filed 8/4/99, effective 9/4/99)

WAC 16-458-085 Fruit and vegetable district four. Fruit and vegetable district four shall consist of Grays Harbor, Jefferson, Clallam, Island, Mason, Kitsap, Pierce, Thurston, King, Snohomish, Skagit, Grant, Adams, Ferry, Pend Oreille, Stevens, Spokane, Lincoln, San Juan, Whatcom, Chelan, Douglas and Okanogan counties.

[Statutory Authority: Chapter 15.17 RCW. 99-17-002, § 16-458-085, filed 8/4/99, effective 9/4/99; Order 1471, § 16-458-085, filed 7/2/76.]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 16-458-080 Fruit and vegetable district three.

OTS-5795.2

NEW SECTION
WAC 16-400-008 Reduction of inspection fees levied under this chapter. All inspection fees levied under this chapter shall be reduced as follows:

(1) Fees charged for inspection services in the area served by the Moses Lake District number three (as the district was constituted by rule on January 1, 2002*) shall be reduced by nine and one-half percent, except for inspection charges accrued on FV-300 and FV-301 certificates. The fee reduction shall begin July 1, 2002, and remain in effect through June 30, 2003, at which time the fees charged shall return to the level of fees adopted in this chapter.

Note: On January 1, 2002, Moses Lake District three consisted of all counties located west of the Cascade Mountains, Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grant, Lincoln, Pend Oreille, Spokane, Stevens, Walla Walla and Whitman counties, and that portion of Benton County lying south and east of the Sellards Road, from its junction with Yakima County on the west thence east to the center line of Range 27E, thence north to the Columbia River; this excludes the Benton City, Kiona and Prosser areas.

(2) Fees charged for inspection services in the area served by the Yakima District number two (as the district was constituted by rule on January 1, 2002*) shall be reduced by twelve and one-half percent, except for inspection charges accrued on FV-300 and FV-301 certificates. The fee reduction shall begin July 1, 2002, and continue until the conditions established in chapter 322, Laws of 2002 (SSB 6254) are met at which time the fees charged shall return to the level of fees adopted in this chapter.

Note: On January 1, 2002, Yakima District two consisted of Kittitas, Klickitat, Skamania, Yakima and that portion of Benton County lying west of a line running south from the Columbia River known as the center line of Range 27E, and north of Sellards Road from its junction with Range 27E on the east, thence west to the Yakima County line; this includes the Prosser, Kiona, and Benton City areas.

[]

•	Repeal WAC 16-458-080 Fruit and vegetable district three (Moses Lake district) eliminating the Moses Lake inspection district.
•	Amend WAC 16-458-075 Fruit and vegetable district two (Yakima) and WAC 16-458-085 Fruit and vegetable district four (Wenatchee) to divide Moses Lake district three between district two and district four.
•	Adopt a new section, WAC 16-400-008, which reduces fees charged for inspection services in the area served by Moses Lake district three (as defined in rule on January 1, 2002) and fees charged for inspection services in the area served by Yakima district two (as defined by rule on January 1, 2002). (For details, see Explanation of Rule below.)

•	Repealing WAC 16-458-080 Fruit and vegetable district three (Moses Lake district) to comply with the statutory mandate that the state be divided into not less than two fruit and vegetable inspection districts.
•	Amending WAC 16-458-075 Fruit and vegetable district two (Yakima) and WAC 16-458-085 Fruit and vegetable district four (Wenatchee) to divide Moses Lake district three between district two and district four. By eliminating Moses Lake district three the fruit and vegetable inspection program operating expenses will decrease due to the elimination of two management and three clerical positions.
•	Adopting a new section, WAC 16-400-008, which reduces fees charged for inspection services in the area served by Moses Lake district three (as defined in rule on January 1, 2002) by 9.5% (except for inspection charges accrued on FV-300 and FV-301 certificates). These fee reductions began July 1, 2002, under emergency rules, and will remain in effect, under the proposed permanent rule amendments, through June 30, 2003, at which time the fees return to the level of fees established in chapter 16-400 WAC. The new section, WAC 16-400-008, also reduces fees charged for inspection services in the area served by Yakima district two (as defined by rule on January 1, 2002) by 12.5% (except for inspection charges accrued on FV-300 and FV-301 certificates). These reductions began July 1, 2002, under the emergency rules, and continue under the proposed permanent rule amendments, until the conditions established in chapter 322, Laws of 2002 (SSB 6254) are met, at which time the fees return to the level of fees established in chapter 16-400 WAC.

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