Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-09-082.

     Title of Rule and Other Identifying Information: WAC 16-328-011 Strawberry plant certification fees, this proposal increases the strawberry planting stock certification hourly inspection fee and slightly decreases the strawberry planting stock certification application fee.

     Hearing Location(s): Washington State Department of Agriculture, 1111 Washington Street S.E., Natural Resources Building, 2nd Floor, Conference Room 205, Olympia, WA 98504-2560, on July 28, 2004, at 2:00 p.m.

     Date of Intended Adoption: August 10, 2004.

     Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA 98504-2560, e-mail hgonzales@agr.wa.gov, fax (360) 902-2094, by July 28, 2004.

     Assistance for Persons with Disabilities: Contact Henri Gonzales by July 14, 2004, TTY (360) 902-1996.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal increases the hourly inspection fee for strawberry planting stock certification to equal the hourly inspection fee for other nursery services and slightly decreases the strawberry certification application fee. During the 2003 legislative session, the Washington state legislature authorized the Washington State Department of Agriculture to increase fees in excess of the Office of Financial Management fiscal growth factor in order to ensure that fees charged for services covered the full cost of operating department programs (see chapter 25, Laws of 2003 1st sp.s. (ESSB 5404)). Participation in the production of certified planting stock is entirely voluntary for any producer of strawberry plants. The intent of this voluntary fee-for-service program is to produce a known, high-quality agricultural product that is apparently free of specified diseases and other pests, which will normally command a premium market price. Currently, there is only one nursery that participates in the strawberry planting stock certification program.

     Reasons Supporting Proposal: Current fee levels are not adequate to cover the costs of providing strawberry planting stock certification services.

     Statutory Authority for Adoption: Chapters 15.14 and 34.05 RCW.

     Statute Being Implemented: Chapter 15.14 RCW.

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

     Name of Proponent: Washington State Department of Agriculture, governmental.

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

     No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires that an agency must prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on businesses in an industry. The department has analyzed the economic effects of the proposed fee increases and has concluded that they will not impose more than minor costs on the regulated industry and, therefore, a formal SBEIS is not required.

     A cost-benefit analysis is not required under RCW 34.05.328. The Washington State Department of Agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).

June 23, 2004

Mary A. Martin Toohey

Assistant Director

OTS-7296.1

AMENDATORY SECTION(Amending WSR 03-21-166, filed 10/22/03, effective 11/22/03)

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

	((Effective July 1, 2003
Application fee	$140.70
Hourly inspection rate	$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 of $140.00.

     (2) Inspection fees. The department will conduct certification inspections at the hourly inspection rate established in chapter 16-401 WAC, 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 15.13, 15.14, 17.24, and 34.05 RCW. 03-21-166, § 16-328-011, filed 10/22/03, effective 11/22/03. 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.]

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