WSR 08-12-087



[ Filed June 4, 2008, 8:26 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-01-108.

Title of Rule and Other Identifying Information: Chapter 16-108 WAC, Washington state egg seals and assessments, WAC 16-108-010 Rate, this change affects egg handlers or dealers that pay monthly egg assessments in lieu of egg seals or facsimile egg seals imprinted on egg containers.

Hearing Location(s): Natural Resources Building, 2nd Floor, Room 205, 1111 Washington Street S.E., Olympia, WA 98504-2560, on July 9, 2008, at 2:00 p.m.

Date of Intended Adoption: July 23, 2008.

Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, e-mail, fax (360) 902-2092, by 5:00 p.m., July 10, 2008.

Assistance for Persons with Disabilities: Contact WSDA receptionist by July 2, 2008, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Washington state department of agriculture (WSDA) food safety program is proposing changes to chapter 16-108 WAC, Washington state egg seals and assessments, WAC 16-108-010 Rate. The purpose is to suspend collection of the egg assessment for three months.

Reasons Supporting Proposal: This change has been recommended by industry.

Statutory Authority for Adoption: Chapters 69.25 and 34.05 RCW.

Statute Being Implemented: Chapter 69.25 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of agriculture, governmental.

Name of Agency Personnel Responsible for Drafting: Jerry Buendel, Olympia, (360) 902-1888; Implementation and Enforcement: Claudia Coles, Olympia, (360) 902-1905.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule change does not impose any costs on the industry.

A cost-benefit analysis is not required under RCW 34.05.328. The WSDA is not a listed agency under RCW 34.05.328 (5)(a)(i).

June 4, 2008

Jerry Buendel

Assistant Director


AMENDATORY SECTION(Amending WSR 99-12-076, filed 5/28/99, effective 6/28/99)

WAC 16-108-010   Rate.   (1) A fee of (($0.0026 cents effective June 30, 1999;)) $0.00268 cents effective July 1, 1999, per dozen eggs is hereby established for every egg handler or dealer who pays assessments monthly in lieu of seals and for Washington state egg seals and facsimile type Washington state egg seals imprinted on egg containers.

(2) The imposition of the assessment, whether paid monthly in lieu of seals or by purchase of Washington state egg seals or facsimile type Washington state egg seals imprinted on egg containers, is suspended effective September 1, 2008, and reinstated effective December 1, 2008, at the rate stated in subsection (1) of this section. The reporting requirements of WAC 16-108-030 and labeling requirements of WAC 16-108-040 remain in effect.

[Statutory Authority: RCW 69.25.250. 99-12-076, 16-108-010, filed 5/28/99, effective 6/28/99; 86-04-027 (Order 1878), 16-108-010, filed 1/29/86. Statutory Authority: Chapter 69.25 RCW. 84-11-019 (Order 1824), 16-108-010, filed 5/11/84; Order 1489, 16-108-010, filed 1/31/77, effective 3/7/77; Order 1479, 16-108-010, filed 8/18/76; Order 895, Regulation 1, filed 9/26/62; Order 784, Regulation 1, effective 4/1/59.]

Washington State Code Reviser's Office