WSR 03-06-101



[ Filed March 5, 2003, 9:40 a.m. ]

Continuance of WSR 02-21-129.

Title of Rule: Dry pea and lentil marketing order -- Assessment in WAC 16-536-040.

Purpose: The proposal would increase the assessment on dry pea and lentils from 1% of the net receipts to 1.5% of the net receipts at the first point of sale.

Statutory Authority for Adoption: Chapter 15.65 RCW.

Statute Being Implemented: RCW 15.65.390 and 15.65.400.

Summary: The Washington Dry Pea and Lentil Commission has petitioned the director to amend its marketing order by increasing its assessment to 1.5% of the net receipts in WAC 16-536-040. Prior to the adoption of any amendment to a marketing order, the affected producers must approve the amendment in a referendum conducted by the director. The referendum will be conducted at or about the first week of March, therefore the proposed adoption date is being continued.

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 amendment of the dry pea and lentil marketing order would effectuate the declared policies and purposes of the statute and marketing order.

Name of Agency Personnel Responsible for Drafting and Implementation: Deborah Axelson, 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: Washington Dry Pea and Lentil Commission, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The Washington Pea and Lentil Commission requests an assessment increase of 0.5% to a total of 1.5% at the first point of sale for peas, lentils, and chickpeas. This increase is necessary to augment the current efforts in research, market development and education. According to the Dry Pea and Lentil Commission present funding does not allow potential developments to be utilized fully by the growers. In research, the commission focuses on varietal development, crop quality and disease research.

A portion of the additional funds collected would be used to expand current research efforts in the development of winter legumes, breeding disease resistance in our plants, and finding integrated pest management strategies to increase yield potential and improve crop quality. International and national markets have become much more competitive in the last decade and the additional funds are planned to expand product uses-particularly in domestic markets. The last area of emphasis is education of both the consumer and the potential consumer. Materials touting the nutritious goodness and environmental benefits of our products would be developed for school age children, institutional chefs and the general public. The education efforts would utilize new technologies such as the Internet and videodisc.

Proposal Changes the Following Existing Rules: The assessment on dry pea and lentil producers as established in the dry pea and lentil marketing order in WAC 16-536-040 is increased from 1% to 1.5% of the net receipts at the first point of sale.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 15.65.570 Rule-making proceedings, are exempt from compliance with chapter 19.85 RCW, the Regulatory Fairness Act when the adoption of the rules is determined by a referendum vote of the affected parties.

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

Date of Intended Adoption: April 30, 2003.

March 3, 2003

William E. Brookreson

Deputy Director

AMENDATORY SECTION(Amending Order 1895, filed 7/3/86, effective 8/4/86)

WAC 16-536-040   Assessments and collections.   (1) Assessments.

(a) The assessment on all varieties of dry peas and dry lentils subject to this marketing order shall be one and one-half percent of the net receipts at the first point of sale and shall be deducted by the first purchaser from the price paid to the grower. Such assessment shall be remitted to the commission board in accordance with procedures adopted by the commission board: Provided, That such assessment on commercial wrinkled pea seed shall not become effective unless approved by a referendum vote of the affected wrinkled pea seed producers.

(b) Such assessments shall not be payable on any such dry peas and/or lentils used by the producer thereof on his premises for feed, seed and personal consumption.

(2) Collections. Any moneys collected or received by the board pursuant to the provisions of the order during or with respect to any season or year may be refunded on a pro rata basis at the close of such season or year or at the close of such longer period as the board determines to be reasonably adapted to effectuate the declared policies of this act and the purposes of such marketing agreement or order, to all persons from whom such moneys were collected or received, or may be carried over into and used with respect to the next succeeding season, year or period whenever the board finds that the same will tend to effectuate such policies and purposes.

(3) Penalties. Any due and payable assessment herein levied in such specified amount as may be determined by the board pursuant to the provisions of the act and the order, shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the board when payment is called for by it. In the event any person fails to pay the board the full amount of such assessment or such other sum on or before the date due, the board may, and is hereby authorized to add to such unpaid assessment or sum an amount not exceeding ten percent of the same to defray the cost of enforcing the collecting of the same. In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the board may bring a civil action against such person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

[Statutory Authority: Chapter 15.65 RCW. 86-15-002 (Order 1895), 16-536-040, filed 7/3/86, effective 8/4/86; 82-15-020 (Order 1768), 16-536-040, filed 7/13/82; Order 1533, 16-536-040, filed 6/8/77; Marketing Order Article IV, A through C, filed 3/26/65.]

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