Effective Date of Rule: Thirty-one days after filing.

     Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The amendment to clarify inspection requirements in WAC 16-532-035 was approved in a referendum of affected hop producers pursuant to RCW 15.65.170.

     Purpose: The Washington state hop commission petitioned the director to amend its marketing order. Inspection requirements for hops are clarified to ensure that a Washington state department of agriculture inspector, consistent with current industry practice, officially samples all baled hops.

     Citation of Existing Rules Affected by this Order: Amending WAC 16-532-035.

     Statutory Authority for Adoption: Chapters 15.65 and 34.05 RCW.

      Adopted under notice filed as WSR 06-03-132 on January 18, 2006.

     Changes Other than Editing from Proposed to Adopted Version: A referendum for the proposed increase in the hop annual assessment rate under WAC 16-532-040 was not approved by the affected hop producers and, therefore, is not being adopted.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: July 17, 2006.

Robert W. Gore

Deputy Director

OTS-8576.2

AMENDATORY SECTION(Amending Order 5077, filed 8/23/95, effective 9/23/95)

WAC 16-532-035   Inspection required.   (1) Before marketing or processing, all varieties of hops produced in the state of Washington ((shall)) must be inspected and certified by the Federal/State Hop Inspection Service for quality and condition of seed, leaf and stem ((prior to marketing or processing, pursuant)) according to the standards established by the Federal Grain Inspection Service of the United States Department of Agriculture.

     (2) Any hops that are baled on a producer's farm must be officially sampled by a Washington state department of agriculture inspector.

[Statutory Authority: RCW 15.65.050. 95-17-118 (Order 5077), § 16-532-035, filed 8/23/95, effective 9/23/95. Statutory Authority: Chapter 15.65 RCW. 88-24-028 (Order 1992), § 16-532-035, filed 12/2/88.]

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