WSR 07-15-092

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed July 18, 2007, 10:29 a.m. ]

Subject of Possible Rule Making: The department intends to amend chapter 16-461 WAC, Inspection requirements for fruits and vegetables. The amendments are to remove or rewrite the exemption allowed under WAC 16-461-010 (2)(b).

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 15.17 RCW, Standards of grades and packs and chapter 34.05 RCW, Administrative Procedure Act.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Currently, the rule allows for an exemption of issuance of certificates of compliance when lots are transferred between warehouses. The department intends to amend the rule so that a certificate of compliance is mandatory for each individual load, even when shipped from one individual or warehouse to another. The new process would mitigate the potential for duplicate reporting and additional inspection fees.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington state department of agriculture's fruit and vegetable inspection program operates under a cooperative agreement with the United States Department of Agriculture, Agricultural Marketing Service, Fruit and Vegetable Programs, Fresh Products Branch.

Process for Developing New Rule: Washington state department of agriculture staff members will develop the rule proposal. Industry representatives may review and comment on the proposed rule amendments and interested parties can participate in the public hearing and comment process, the dates of which will be announced when the agency files the rule proposal with the code reviser.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jim Quigley, Program Manager, Fruit and Vegetable Inspection Program, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1833, fax (360) 902-2085, e-mail jquigley@agr.wa.gov.

July 17, 2007

Dennis Hannapel

Assistant Director

Washington State Code Reviser's Office