WSR 05-06-100

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed March 2, 2005, 9:35 a.m. ]

Title of Rule and Other Identifying Information: Chapter 16-404 WAC, Standards for summer apples marketed within Washington.

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 Department of Agriculture, Administrative Regulations Program, 1111 Washington Street S.E., P.O. Box 42560, Olympia, WA 98504-2560 , AND RECEIVED BY May 2, 2005.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: RCW 34.05.353 (2)(d) allows the Washington State Department of Agriculture to file notice for the expedited repeal of rules if "other rules of the agency or another agency govern the same activity as the rule, making the rule redundant." Chapter 16-404 WAC, Standards for summer apples marketed within Washington, is antiquated and no longer necessary because standards for all apples marketed within Washington are contained in chapter 16-403 WAC, Standards for apples marketed within the state of Washington. Repealing chapter 16-404 WAC will reduce confusion within the regulated industry and allow the department to comply with Executive Order 97-02, which directs the department to repeal all rules that are no longer needed.

Reasons Supporting Proposal: Chapter 16-404 WAC is outdated and no longer followed by industry. It has been supplanted by chapter 16-403 WAC and is, therefore, redundant. This proposal to repeal chapter 16-404 WAC is a result of the department's ongoing rule review effort under Executive Order 97-02. Failure to repeal chapter 16-404 WAC could lead to confusion within the apple industry and contradicts the spirit of the executive order.

Statutory Authority for Adoption: RCW 15.17.030, 15.17.050, and 34.05.353.

Statute Being Implemented: Chapter 15.17 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, Implementation and Enforcement: Jim Quigley, Olympia, Washington, (360) 902-1833.

March 2, 2005

Robert W. Gore

Assistant Director

OTS-7888.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 16-404-001 Promulgation.
WAC 16-404-010 Definitions.
WAC 16-404-020 Grades -- Washington extra fancy apples.
WAC 16-404-030 Grades -- Washington summer fancy apples.
WAC 16-404-040 Grades -- Color percentages.
WAC 16-404-050 Marking requirements.
WAC 16-404-060 Tray packs.
WAC 16-404-070 Exceptions.

Washington State Code Reviser's Office