WSR 08-01-056



[ Filed December 13, 2007, 2:59 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-21-149.

Title of Rule and Other Identifying Information: The department proposes to amend chapter 16-409 WAC, Washington standards for asparagus, by making changes to WAC 16-409-024 Size requirements for Washington asparagus grades. Minor changes are also proposed for chapter 16-409 WAC to increase its clarity.

Hearing Location(s): Educational Service District 123, Grand Ronde Room, 3918 West Court Street, Pasco, WA 99301, phone (509) 547-8441, on Tuesday, January 29, 2008, at 1:00 p.m.

Date of Intended Adoption: February 6, 2008.

Submit Written Comments to: Teresa Norman, Rules Coordinator, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, e-mail, fax (360) 902-2092, by 5:00 p.m. on January 30, 2008.

Assistance for Persons with Disabilities: Contact Virginia Walsh by January 23, 2008, (360) 902-1976, TTY 800-833-6388.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department proposes to change the size small designation found at WAC 16-409-024(5) from "less than 5/16" inch in diameter to "at least 3/16" inch in diameter. The department proposes to make any minor changes that may be needed to increase the rule's clarity.

Reasons Supporting Proposal: Asparagus industry representatives have requested the department consider making the proposed change. This change will remove existing wording that mandates a cap on the small designation packing size.

Statutory Authority for Adoption: Chapter 15.17 RCW, Standards of grades and packs and chapter 34.05 RCW, Administrative Procedure Act.

Statute Being Implemented: Chapter 15.17 RCW, Standards of grades and packs.

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, Program Manager, P.O. Box 42560, Olympia, WA 98504-2560, (360) 902-1833.

No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires an agency to prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on the business in an industry. The proposed change would not impose "more than minor impact" upon the regulated industry.

RCW 19.85.040(1) requires that an agency determine whether the proposed rule will have a disproportionate impact on small businesses by comparing the cost of compliance for small business with the cost of compliance for the 10% of businesses that are the largest businesses required to comply. The proposed change would not impose "more than minor impact" upon the regulated industry.

A cost-benefit analysis is not required under RCW 34.05.328. Washington state department of agriculture is not a named agency in RCW 34.05.328.

December 13, 2007

Dennis Hannapel

Assistant Director


AMENDATORY SECTION(Amending WSR 07-06-047, filed 3/1/07, effective 4/1/07)

WAC 16-409-024   Size requirements for Washington asparagus grades.   The following size designations apply to all grades of asparagus in Washington state.

(1) Jumbo: Stalks at least 13/16 inch in diameter.

(2) Extra large: Stalks at least 10/16 inch in diameter.

(3) Large: Stalks at least 7/16 inch in diameter.

(4) Standard: Stalks at least 5/16 inch in diameter.

(5) Small: Stalks ((less than 5/16)) at least 3/16 inch in diameter.

(6) All size designations, as defined in WAC 16-409-024, may be packed in all grades and in all containers.

[Statutory Authority: Chapters 15.17 and 34.05 RCW. 07-06-047, 16-409-024, filed 3/1/07, effective 4/1/07; 05-10-092, 16-409-024, filed 5/4/05, effective 6/4/05.]

Washington State Code Reviser's Office