PERMANENT RULES
Purpose: This rule-making order amends chapter 16-218 WAC, Hops -- Certification analyses -- fees, by:
(1) Increasing the fee for submitted sample inspections and certification; (2) providing for negotiated fees when the lab receives a request for service for which a fee has not been established; (3) clarifying that fees for chemical analysis apply to all types of hop samples; (4) adding language regarding how the department will handle delinquent accounts and billings; and (5) rewriting the entire chapter to make it easier to read and understand.
Citation of Existing Rules Affected by this Order: Repealing WAC 16-218-010, 16-218-02001, and 16-218-030.
Statutory Authority for Adoption: Chapters 22.09 and 34.05 RCW; section 309(2), chapter 25, Laws of 2003 1st sp.s.
Adopted under notice filed as WSR 05-04-111 on February 2, 2005.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 0, Repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 0, Repealed 3.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 4, Amended 0, Repealed 3.
Date Adopted: March 23, 2005.
Valoria H. Loveland
Director
OTS-7689.3
NEW SECTION
WAC 16-218-015
What fees does the department charge for
the certification of hops?
(1) Based upon standards
established by the Federal Grain Inspection Service of the
United States Department of Agriculture, the Washington state
department of agriculture's (department) fees for the
certification of hops are:
| Type of Inspection and Other Service | Fee Charged for Inspection and Other Service | |
| (a) | Official lot inspections and certification for baled hops. | One dollar and twenty-five cents per bale with a minimum charge of thirty dollars per lot for official inspection and grading with certification. |
| (b) | Official lot inspection and/or certification for alternative methods of packaging hops, or other services for which no fee has been established. | A contract fee may be negotiated, based on the agency's costs to furnish the services. |
| (c) | Submitted sample inspections and certification. | One hundred fifty dollars for an unofficial sample submitted for grading with certification of a quantity not to exceed 100,000 lbs. of dried hops. |
| (d) | Appeal inspections. | The Federal Grain Inspection Service in Portland, Oregon establishes the charges for appeal inspections, and payments for such inspections must be made to them. Department time for sampling, handling and administration regarding appeal inspections will be assessed at the sampler hourly rate. |
(i) Each bale can be properly stenciled; and
(ii) Samples can be drawn from the bales selected by the inspector.
(b) Official samples drawn from baled hops must be brought back to the laboratory by the inspector for grading analysis.
(3) The department may perform official lot inspection and/or certification of hops packaged by alternative methods (e.g., hops not baled prior to processing) subject to conditions specified in a written agreement between the department and the person(s) requesting the service.
(4)(a) Submitted samples provided by a grower or dealer for grading analysis must be representative of the lot(s) and the hop material.
(b) Submitted samples are delivered to the laboratory.
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(a) Each bale can be properly stenciled (not done for brewing value only sampling); and
(b) Samples can be drawn from the bales selected by the inspector.
(2) Official samples drawn from baled hops must be brought back to the laboratory by the inspector for chemical analysis, simultaneous with grading analysis.
(3) Brewing value samples are obtained from a representative composite of the official samples drawn for grade analysis.
(4) Brewing value samples not sampled simultaneously for grade analysis will be charged at the same fee per bale.
(5) When department personnel officially sample hops, a brewing value certificate will be issued when the chemical analysis is done.
(6)(a) Submitted brewing value samples provided by a grower or dealer for chemical analysis must be representative of the lot(s).
(b) Submitted samples are delivered to the laboratory.
(7) Submitted brewing value certificates will be issued for submitted samples when the chemical analysis is done.
(8) Department fees for the chemical analyses of officially sampled raw hops are:
| Type of Analyses | Fee | Minimum Fee | |
| (a) | ASBC spectrophotometric with moisture | $0.35 per bale | $30.00 per sample |
| (b) | ASBC spectrophotometric/conductometric or EBC conductometric without moisture | $0.30 per bale | $30.00 per sample |
| (c) | Mebak, Zurich, Verzele, Ganzlin, or conductometric | $0.60 per bale | $60.00 per sample |
| Type of Analyses | Fee | ||
| (a) | ASBC spectrophotometric | $30.00 | |
| (b) | ASBC conductometric | $30.00 | |
| (c) | EBC conductometric | $30.00 | |
| (d) | EBC conductometric (Wollmer, Zurich, Mebak, Verzele, Ganzlin, or Resins (hard or soft)) | $60.00 | |
| (e) | Spectrophotometric of tannins, Wollmer, etc. | $55.00 | |
| (f) | Methylene chloride | $80.00 | |
| (g) | Tannin | $55.00 | |
| (h) | Ash | $20.00 | |
| (i) | SO2 | $25.00 | |
| (j) | H2O | $10.00 | |
| (k) | HPLC | $100.00 | |
| (l) | Total oil | $25.00 | |
| (m) | Oil constituents analysis | $145.00 | |
| (n) | Wort test, particle size | $10.00 | |
(b) Hourly charges are set by written agreement and shall be based on the costs incurred to conduct the analysis, such as:
• Labor
• Laboratory equipment
• Chemicals and materials
• Administration and overhead.
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| Type of Certificate | Fee for Each Certificate | ||
| (1) | State phytosanitary certificates | $25.00 | |
| (2) | Other certificates attesting to origin, compliance with standards of other states or nations or specifications of contracts, or conditions of production or processing | $20.00 | |
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(2) The fees and charges billed to you are due to the department within thirty days of the statement date.
(3) If the department does not receive your payment within thirty days of the statement date, the department may:
(a) Withhold its services from you until your delinquent account is paid; and
(b) Accept only cash payments from you for future services rendered.
(4) The department assesses a penalty of twelve percent per annum on all delinquent account balances.
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The following sections of the Washington Administrative Code are repealed:
| WAC 16-218-010 | Schedule of fees for physical grading. |
| WAC 16-218-02001 | Schedule of charges for chemical analyses of hops, hop extract, hop pellets or hop powder. |
| WAC 16-218-030 | Schedule of fees for certificates. |