WSR 04-11-026

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 11, 2004, 3:06 p.m. ]

     Date of Adoption: May 11, 2004.

     Purpose: This rule-making order amends chapter 16-401 WAC, Nursery inspection fees, by adding a new section, WAC 16-401-070 Annual assessment -- Recordkeeping requirement. The new section requires that all licensed nurseries must maintain accurate records of all grapevine, fruit tree, or fruit tree related ornamental nursery stock sales. The section also specifies the minimum standards that a licensed nursery must meet in order to comply with this new record-keeping requirement.

     Statutory Authority for Adoption: Chapters 15.13 and 15.14 RCW.

     Other Authority: Chapter 34.05 RCW.

      Adopted under notice filed as WSR 04-07-172 on March 24, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

May 11, 2004

Valoria H. Loveland

Director

OTS-6918.3


NEW SECTION
WAC 16-401-070   Annual assessment -- Recordkeeping requirement.   Any person selling grapevine, fruit tree or fruit tree related ornamental nursery stock must maintain a set of accurate sales records to facilitate an audit and ensure that the proper assessment amount is paid to the department. The records must be maintained for a minimum of three years from the date of sale. At a minimum, the records must contain sequentially numbered sales invoices that clearly show the amount of assessment owed for each invoice. Sales invoices must be filed either numerically or alphabetically.

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