Title of Rule: WAC 16-328-011 Strawberry plant certification fees, 16-333-041 Caneberry certification fees, 16-401-027 Schedule of fees and charges -- Applicable rates and charges, 16-401-041 Nursery dealer license fees, 16-470-912 Schedule of fees and charges -- Applicable fees and charges, and 16-470-917 Schedule of fees and charges -- Fees for post entry inspection services.

     Purpose: This proposal amends the strawberry plant certification fees, caneberry plant certification fees, nursery inspection fees, and plant pathology testing fees by repealing fee schedules that were only in effect for one day (June 30, 2003) and were superceded on July 1, 2003, by the current fee schedules.

     Statutory Authority for Adoption: Chapters 15.13, 15.14, 17.24, 34.05 RCW.

     Statute Being Implemented: Chapters 15.13, 15.14, 17.24 RCW.

     Summary: A rule-making order took effect on June 30, 2003, increasing fees within the fiscal growth factor for fiscal year 2003, and a rule-making order took effect on July 1, 2003, increasing fees within the fiscal growth factor for fiscal year 2004. The fee schedules effective until June 30, 2003, are no longer necessary.

     Reasons Supporting Proposal: The rule language will be more readable without obsolete fee language.

     Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Tom Wessels, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1984.

     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: These sections of rule specify the fees for strawberry plant certification, caneberry plant certification, nursery inspection, and plant pathology testing. Amending these sections by deleting fee schedules that were only in effect for one day (June 30, 2003) and were superceded on July 1, 2003, by the current fee schedules will make the rules easier to understand.

     Proposal Changes the Following Existing Rules: It amends WAC 16-328-011 Strawberry plant certification fees, 16-333-041 Caneberry certification fees, 16-401-027 Schedule of fees and charges -- Applicable rates and charges, 16-401-041 Nursery dealer license fees, 16-470-912 Schedule of fees and charges -- Applicable fees and charges, and 16-470-917 Schedule of fees and charges -- Fees for post entry inspection services by deleting fee schedules no longer in use.

August 19, 2003

Mary A. Martin Toohey

Assistant Director

OTS-6594.1

AMENDATORY SECTION(Amending WSR 03-10-080, filed 5/6/03, effective 6/30/03)

WAC 16-328-011   Strawberry plant certification fees.   The strawberry plant certification fees are as follows:

	((Effective until June 30, 2003		Effective July 1, 2003
Application fee	$136.34		$140.70
Hourly inspection rate	$27.26))		$28.10

     (1) Certification application fee. The applicant must furnish all information requested on the application for inspection, including, but not limited to, the crop, variety, class planted, date planted, source of seed or plants, acreage, field number, applicant's name and address, applicant's signature, and date of application. The applicant must allow the department to take plants or plant parts from any planting for inspection or testing purposes. A separate application is required for each cultivar and/or lot entered for certification. Applications for inspection must be filed with the Plant Services Program, P.O. Box 42560, Olympia, Washington, 98504-2560 by June 15 of each year and be accompanied by the application fee.

     (2) Inspection fees. The department will conduct certification inspections at the hourly inspection rate plus mileage charged at a rate established by the state office of financial management. Testing fees will be charged at the rate established in chapter 16-470 WAC. Inspection and testing fees are payable upon completion of work. Billing may be arranged subject to department policies and processes.

     (3) The department will remove any applicant from the certification program for failing to pay fees when due.

     (4) The department will not accept applications from growers owing the department for previous fees.

[Statutory Authority: Chapters 15.14 and 34.05 RCW. 03-10-080, § 16-328-011, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapter 15.14 RCW. 01-11-032, § 16-328-011, filed 5/8/01, effective 6/8/01.]

OTS-6595.1

AMENDATORY SECTION(Amending WSR 03-10-081, filed 5/6/03, effective 6/30/03)

WAC 16-333-041   Caneberry certification fees.   The caneberry certification fees are as follows:

	((Effective until June 30, 2003		Effective July 1, 2003
Application fee	$136.34		$140.70
Hourly inspection rate	$27.26))		$28.10

     (1) Certification application fee. The applicant must furnish all information requested on the application form furnished by the department, including, but not limited to, the crop, variety, class planted, date planted, source of seed or plants, acreage, field number, applicant's name and address, applicant's signature, and date of application. The applicant must allow the department to take plants or plant parts from any planting for inspection and testing purposes. A separate application is required for each cultivar and/or lot entered for certification. Applications must be filed with the Plant Services Program, P.O. Box 42560, Olympia, Washington 98504-2560 by May 15 each year and be accompanied by the application fee.

     (2) Inspection fees. The department will conduct certification inspections at the hourly inspection rate plus mileage charged at a rate established by the state office of financial management. Testing fees will be charged at the rate established in chapter 16-470 WAC. Inspection and testing fees are payable upon completion of work. Billing may be arranged subject to department policies and processes.

     (3) The department will remove any applicant from the certification program for failing to pay fees when due.

     (4) The department will not accept applications from growers owing the department for previous fees.

[Statutory Authority: Chapters 15.14 and 34.05 RCW. 03-10-081, § 16-333-041, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapter 15.14 RCW. 01-11-030, § 16-333-041, filed 5/8/01, effective 6/8/01.]

OTS-6596.1

AMENDATORY SECTION(Amending WSR 03-10-083, filed 5/6/03, effective 6/30/03)

WAC 16-401-027   Schedule of fees and charges -- Applicable rates and charges.   The following rates apply for requested inspection services:

(1) Fee or Charge:	Effective ((Date))
	((Until June 30, 2003	July 1, 2003
Hourly rate -- business hours	$29.33	$30.20
Hourly rate -- nonbusiness hours	$37.49	$38.60
Certificate issued at time if inspection	No charge	No charge
Certificate issued more than twenty-four hours after the inspection	$14.04	$14.40
Additional certificates	$4.54	$4.60
Fumigation lot or container fee	$11.72	$12.05
Certificate of plant health for noncommercial movement	$5.83	$6.00
Compliance agreement	$29.33	$30.20
Inspection tags or stickers (lots of 250)	$5.83 per lot	$6.00 per lot
Inspection tags or stickers (minimum 10)	$0.278 each))	$0.28 each

     (2) Mileage at the established office of financial management rate (schedule A), per diem at actual cost, and travel time at the applicable hourly rate may be assessed for requested inspections that are not a part of a regular work schedule. Such charge may be prorated among applicants if more than one applicant is provided service during a workday or trip when mileage and/or per diem are applicable.

     (3) Inspections for phytosanitary certification, including growing season field inspections, are provided at the applicable hourly rate provided in subsection (1) of this section except where an alternate certification inspection fee is provided in statute, in rule, or by a written agreement between the department and an industry entity, university, or public agency. When growing season field inspections for phytosanitary certification and regulatory inspections are performed simultaneously, the first two hours of inspection each calendar year for nurseries licensed under WAC 16-401-041 (1)(b) or (2)(a); and the first four hours of inspection per calendar year for nurseries licensed under WAC 16-401-041 (1)(c) or (2)(b), are without charge.

     There is no additional charge for the first phytosanitary certificate issued at the time of the inspection.

     (4) Inspection and certification of nonplant material or equipment for sanitation (freedom from soil or pests) by visual examination or through witnessing a prescribed treatment (steam cleaning, hydro-washing, etc.) is charged at the applicable hourly rate.

     (5) Witnessing and certification of fumigation is charged at the applicable hourly rate, plus a per lot or container fee.

     (6) The department may issue a certificate of plant health for noncommercial movement of plant materials between states by unlicensed persons, up to a maximum of five plants, and provided that the plants are brought to a plant services office for inspection.

Note:

When two or more types of inspection, provided in this section, are performed simultaneously, only one hourly rate applies. One certificate for one service is issued at no charge.

[Statutory Authority: Chapters 15.13, 15.14, and 34.05 RCW. 03-10-083, § 16-401-027, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 15.13 and 15.14 RCW. 01-11-031, § 16-401-027, filed 5/8/01, effective 6/8/01.]

     (1) Retail nursery dealer license fee:

     (a) Gross business sales of horticultural plants and turf less than two thousand five hundred dollars . . . . . . . . . . . . $37.67

     (b) Gross business sales of horticultural plants and turf between two thousand five hundred dollars and fifteen thousand dollars, the license fee is . . . . . . . . . . . . $80.72

     (c) Gross business sales of horticultural plants and turf of fifteen thousand dollars or more . . . . . . . . . . . . $161.45

     (2) Wholesale nursery dealer license fee:

     (a) Gross business sales of horticultural plants and turf less than fifteen thousand dollars . . . . . . . . . . . . $80.72

     (b) Gross business sales of horticultural plants and turf of fifteen thousand dollars or more . . . . . . . . . . . . $161.45

     (3) As provided in RCW 15.13.285, a surcharge of twenty percent of the base rate, in addition to the fees established on all classes of licenses in subsections (1) and (2) of this section, is established.

     (4) Permit fee for those types of sales and organizations exempted from licensing requirements by RCW 15.13.270.

     (((a) Effective until June 30, 2003 . . . . . . . . . . . . $5.83

     (b))) Effective July 1, 2003 . . . . . . . . . . . . $6.00

[Statutory Authority: Chapters 15.13, 15.14, and 34.05 RCW. 03-10-083, § 16-401-041, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 15.13 and 15.14 RCW. 01-11-031, § 16-401-041, filed 5/8/01, effective 6/8/01; 99-12-034, § 16-401-041, filed 5/26/99, effective 6/26/99.]

OTS-6597.1

AMENDATORY SECTION(Amending WSR 03-10-082, filed 5/6/03, effective 6/30/03)

WAC 16-470-912   Schedule of fees and charges -- Applicable fees and charges.   (1) Hourly rate.

	((Effective until June 30, 2003		Effective July 1, 2003
Hourly rate - business hours	$29.33		$30.20
Hourly rate - nonbusiness hours	$37.49))		$38.60

     (2) Laboratory diagnostic services, except as provided in subsection (3) or (4) of this section, are charged at the applicable hourly rate plus materials.

     (3) Plant pathology laboratory diagnostic fees are as follows:

((Effective until June 30, 2003
Identity Determi- nation	1 sample	5 samples	10 samples	50 samples	100+ samples
virus (ELISA)	At cost	At cost	$9.70 ea	$4.85 ea	$2.84 ea
bacteria	38.83 ea	37.49 ea	35.17 ea	33.98 ea	33.98 ea
fungus	41.05 ea	35.17 ea	33.98 ea	32.84 ea	30.47 ea
nematode	30.47 ea	28.09 ea	25.77 ea	25.71 ea	23.44 ea

Note:

To receive volume rates, samples must be submitted as a unit and identification requests must be for one specific virus, bacterium, fungus, or nematode. Samples tested for multiple pathogens will be considered as multiple samples unless all pathogens can be detected in a single test without additional inputs.))

Effective July 1, 2003
Identity Determi- nation	1 sample	5 samples	10 samples	50 samples	100+ samples
virus (ELISA)	At cost	At cost	$10.00 ea	$5.00 ea	$2.90 ea
bacteria	40.05 ea	38.65 ea	36.25 ea	35.05 ea	35.05 ea
fungus	42.35 ea	36.25 ea	35.05 ea	33.85 ea	31.40 ea
nematode	31.40 ea	28.95 ea	26.55 ea	25.90 ea	24.15 ea

Note:

To receive volume rates, samples must be submitted as a unit and identification requests must be for one specific virus, bacterium, fungus, or nematode. Samples tested for multiple pathogens will be considered as multiple samples unless all pathogens can be detected in a single test without additional inputs.

     (4) The department reserves the right to provide service by written agreement at a single, negotiated cost or at a negotiated rate for projects with at least one of the following characteristics:

     (a) Projects greater than one hundred samples;

     (b) Projects requiring materials not readily available; or

     (c) Projects requiring special handling or prolonged incubation periods.

     The rate charged shall not be less than the cost to the department of performing the tests.

[Statutory Authority: Chapters 17.24 and 34.05 RCW. 03-10-082, § 16-470-912, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 17.24 and 15.14 RCW. 01-11-033, § 16-470-912, filed 5/8/01, effective 6/8/01.]

     (((a) Effective until June 30, 2003 . . . . . . . . . . . . $58.66

     (b))) Effective July 1, 2003 . . . . . . . . . . . . $60.50

     (2) Subsequent inspections of post entry plant materials are provided at the applicable hourly rate.

     (3) Post entry inspection fees may be waived for state universities, United States Department of Agriculture researchers, and other public entities.

[Statutory Authority: Chapters 17.24 and 34.05 RCW. 03-10-082, § 16-470-917, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 17.24 and 15.14 RCW. 01-11-033, § 16-470-917, filed 5/8/01, effective 6/8/01.]

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