WSR 04-19-124

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed September 21, 2004, 2:08 p.m. ]

Title of Rule and Other Identifying Information: WAC 16-354-040 Hop rootstock certification application and fees and 16-354-050 Hop rootstock tags and identity, this proposal changes the hop rootstock certification field inspection fees by making them equal to the fees charged for other nursery services as specified in chapter 16-401 WAC and clarifies existing language so that it is easier to read and understand.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO George Huffman, Rules Coordinator, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560 , AND RECEIVED BY November 23, 2004.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal changes the hop rootstock certification field inspection fees by making them equal to the fees charged for other nursery services and clarifies existing language so that it is easier to read and understand. The current rule requires program participants to pay for hop rootstock certification inspections at the rate of $16 per acre with a 5-acre minimum. This proposal would replace the $16 per acre charge with the fee schedule established in chapter 16-401 WAC that is used for other nursery services. The proposal will reduce the cost of hop rootstock certification inspections to the current participants.

Reasons Supporting Proposal: Participation in the production of certified hop rootstock is entirely voluntary. 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 are only three participants in the certification program. The proposal will reduce the cost of hop rootstock certification inspections to the current participants and will still allow the department to recover its costs.

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, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Tom Wessels, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1984.

September 21, 2004

Mary A. Martin Toohey

Assistant Director

OTS-7414.1


AMENDATORY SECTION(Amending WSR 98-09-049, filed 4/15/98, effective 5/16/98)

WAC 16-354-040   Hop rootstock certification application and fees.   (1) Application for inspection and testing of certified mother blocks and certified stock shall be filed with the department by April 1 of each year accompanied by a seventy-five dollar application fee.

(2) As a condition of participation in the hop rootstock certification program, the applicant grower must furnish to the department all requested information pertinent to the operation of the program and must give consent to the department to take material from certified mother blocks and/or greenhouses for examination and testing.

(3) ((Field inspection fees are sixteen dollars for each acre per inspection with a minimum fee of eighty dollars for five acres or less per inspection.

(4))) Fees for field inspections or inspection of harvested rootstock for grade, phytosanitary certification, or other purposes are assessed at the appropriate rate established in ((WAC 16-401-025)) chapter 16-401 WAC.

(((5))) (4) Payment for each inspection is due upon completion of the inspection. Billing may be arranged subject to department policies and processes.

[Statutory Authority: Chapter 15.14 RCW. 98-09-049, 16-354-040, filed 4/15/98, effective 5/16/98. Statutory Authority: Chapters 15.14 and 17.24 RCW. 91-08-016 (Order 2077), 16-354-040, filed 3/27/91, effective 4/27/91. Statutory Authority: Chapter 15.14 RCW. 85-15-046 (Order 1867), 16-354-040, filed 7/16/85; 79-06-038 (Order 1631), 16-354-040, filed 5/17/79; Order 1264, 16-354-040, filed 5/10/72; Order 1023, Regulation IV, filed 6/16/66; Order 996, Regulation IV, filed 11/30/65; Order 947, Regulation IV filed 4/13/64.]


AMENDATORY SECTION(Amending WSR 98-09-049, filed 4/15/98, effective 5/16/98)

WAC 16-354-050   Hop rootstock tags and identity.   (1) ((Application for inspection and testing of certified mother blocks and certified stock shall be filed with the department by April 1 of each year accompanied by a seventy-five dollar application fee.

(2))) Any person selling or offering for sale hop rootstock bearing a certification tag or otherwise identified as certified is responsible for the following:

(a) Accurately identifying the rootstock as to variety and year of harvest;

(b) Accurately identifying the rootstock as complying with all of the conditions of the certified hop rootstock program.

(((3))) (2) Any person issued certification tag(s) must keep written records of stock produced and sold. These records must be produced at the request of the department.

[Statutory Authority: Chapter 15.14 RCW. 98-09-049, 16-354-050, filed 4/15/98, effective 5/16/98; 85-15-046 (Order 1867), 16-354-050, filed 7/16/85; Order 1264, 16-354-050, filed 5/10/72; Order 1023, Regulation V, filed 6/16/66; Order 996, Regulation V, filed 11/30/65; Order 947, Regulation V, filed 4/13/64.]

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