PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 09-11-091.
Title of Rule and Other Identifying Information: Apple commission, chapter 24-12 WAC, Assessments.
Hearing Location(s): W. L. Hansen Building, Conference Room, 105 South 18th Street, Yakima, WA 98902, on August 27, 2009, at 11:30 a.m.; and at the Washington Apple Commission, Conference Room, 2900 Euclid Avenue, Wenatchee, WA 98801, on August 28, 2009, at 9:00 a.m.
Date of Intended Adoption: September 16, 2009.
Submit Written Comments to: Kelly Frost, P.O. Box 42560, Olympia, WA 98504-2560, e-mail kfrost@agr.wa.gov, fax (360) 902-2092, by 5:00 p.m., August 31, 2009.
Assistance for Persons with Disabilities: Contact WSDA receptionist by August 14, 2009, TTY 1-800-833-6388 or (360) 902-1976.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The change will align the assessment rate found in WAC 24-12-010 with the rate listed in RCW 15.24.100, which is the accurate amount currently being assessed. WAC 24-12-010 is revised to reflect the current containers used in packing fresh apples. WAC 24-12-012 clarifies the requirement for reporting to the commission the net weight of fresh apples designated for slicing for internal fresh apple slicing operations. Other housekeeping changes are being made to update existing language to increase its clarity and readability.
Reasons Supporting Proposal: The proposal will align the assessment rate and requirements for reporting the net weight of fresh apples when designated for slicing as required in chapter 15.24 RCW. Container descriptions used in packing fresh apples are updated to reflect current practices within the industry. General updates are being made to existing language to increase its clarity and readability.
Statutory Authority for Adoption: Chapter 15.24 RCW.
Statute Being Implemented: Chapter 15.24 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state apple commission, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Todd Fryhover, P.O. Box 18, Wenatchee, WA 98807, (509) 663-9600.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule is being made consistent with the requirements of chapter 15.24 RCW. Small businesses are not impacted by adoption of the rule.
A cost-benefit analysis is not required under RCW 34.05.328. The department of agriculture and the Washington apple commission are not named agencies in RCW 34.05.328 (5)(a)(i).
July 6, 2009
Todd Fryhover
President
OTS-2531.1
AMENDATORY SECTION(Amending Promulgation, filed 1/26/67)
WAC 24-12-001
Promulgation.
Under and by virtue of
chapter 15.24 RCW as amended and chapter 11, Laws of 1961, the
Washington ((state)) apple ((advertising)) commission does
hereby adopt and prescribe the following amended and restated
rules ((and regulations)).
[Promulgation, filed 1/26/67; Promulgation, effective 9/29/61.]
(2) Assessments shall be payable as provided in WAC 24-12-012, whether in bulk or loose in boxes or any other
container, or packed in any style package. The ((gross
billing)) net shipping weights for the following containers
shall apply for the purpose of computing ((said)) the
assessments:
| (( OF CONTAINER |
BILLING WEIGHTS |
1/3 Bushel box (packed or loose) |
15 lbs. |
plus 3 lbs. tare |
|
| DESCRIPTION OF CONTAINER | NET SHIPPING WEIGHT RANGE | |
| Tray Carton | 37-52 lbs. | |
| Cell Carton | 37-52 lbs. | |
| 1 Layer Carton AKA Euro Carton | 10-15 lbs. | |
| 2 Layer Carton AKA Euro Carton | 20-30 lbs. | |
| 3 Layer Carton AKA Euro Carton | 30-40 lbs. | |
| Euro Carton 1-3 Layers | 10-45 lbs. | |
| Master Carton (Bags in Box/Clamshell) | 10-50 lbs. | |
| Master Bin (Bags in Bin/Clamshell) | 300-600 lbs. | |
| Bin (Loose/Jumble/Bulk) | 500-900 lbs. | |
| Loose Carton (Jumble/Bulk) | 10-40 lbs. | |
| Carton (2/3 Bushel) | 25-35 lbs. | |
| 1/2 Carton | 18-25 lbs. | |
| 1/3 Bushel Carton | 10-15 lbs. | |
| Overwrap Carton | 30-40 lbs. | |
[Statutory Authority: Chapter 15.24 RCW. 00-23-064, § 24-12-010, filed 11/15/00, effective 12/16/00. Statutory Authority: Chapter 15.24 RCW and 1997 c 303. 98-18-060 and 98-21-048, § 24-12-010, filed 8/31/98 and 10/15/98, effective 10/1/98. Statutory Authority: RCW 15.24.070(1). 86-21-088 (Order 19), § 24-12-010, filed 10/17/86; 84-20-002 (Order 16), § 24-12-010, filed 9/20/84; 82-20-073 (Order 13), § 24-12-010, filed 10/6/82. Statutory Authority: RCW 15.24.070(1) and 15.24.090. 81-16-011 (Order 9), § 24-12-010, filed 7/27/81. Statutory Authority: RCW 15.24.070(1). 79-04-045 (Order 8), § 24-12-011 (codified as WAC 24-12-010), filed 3/27/79, effective with the 1979 and subsequent crops of apples; 78-07-030 (Order 7), § 24-12-010, filed 6/16/78, effective 9/1/78; Order 6, § 24-12-010, filed 11/14/77; Order 1, § 24-12-010, filed 9/19/69; Regulation No. 2, filed 1/26/67; Regulation No. 2, effective 9/29/61.]
APPLE GROWER ELIGIBILITY CERTIFICATE
| (Note: | All appropiate spaces on this certificate must be |
| completed to properly qualify your vote.) |
(3) Apple growers entitled to vote in a referendum mail
ballot pursuant to the provisions of RCW 15.24.090 are defined
to be each grower who operates a commercial producing apple
orchard, whether an individual proprietor, partnership, joint
venture, or corporation, being entitled to one vote. As to
bona fide leased or rented orchards, only the lessee-operator,
if otherwise qualified, shall be entitled to vote. Individual
commercial orchard operator, if otherwise qualified, shall be
entitled to vote as such, even though he is also a member of a
partnership or corporation ((which)) that votes for other
apple acreage.
(4) A commercial producing apple orchard means an apple
orchard currently producing or growing apples in sufficient
quantity so that ((said)) the apples are or will be marketed
through prevailing commercial channels and are or will be
subject to assessment pursuant to the provisions of chapter 15.24 RCW.
[Statutory Authority: RCW 15.24.070(1). 82-17-036 (Order 11), § 24-12-011, filed 8/12/82.]
Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending Order 17, filed 12/18/85)
WAC 24-12-012
Collection of accounts.
(1) The
commission shall obtain from the department of agriculture a
record of all shipments of fresh apples, including fresh
apples designated for slices, and shall from this record
periodically invoice all apple dealers and handlers shown
thereon for assessments on apples levied pursuant to WAC 24-12-010. The date of the invoice shall be known as the
billing date.
(2) ((Assessments not paid within twenty days from the
billing date shall be delinquent.)) For fresh apples
designated for slices:
(a) The department of agriculture does not require a certificate of compliance for fresh apples designated for slicing that are moved and produced internally by a shipper.
(b) All shippers (first handlers) with internal fresh apple slicing operations will be required to remit and report quarterly the net weight in pounds of all fresh apples packed or unpacked designated for slicing. The reporting period dates and forms will be determined and created by the commission.
(c) All payments and reports are due thirty-five days from the end of the reporting period established by the commission.
(3) If the ((delinquent)) assessments are not paid within
thirty-five days from the billing date, a notice of
delinquency shall be sent to the dealer or handler involved,
with a copy to the district inspection office of the
department of agriculture ((stating)). The notice shall state
that if the delinquent assessments are not paid within
forty-five days from the billing date, the dealer or handler
involved will thereafter be put on a cash basis until the
delinquent assessments are paid, and that the Compliance
Certificate Book will be removed by the department of
agriculture((, and)). The notice shall also advise that if
the delinquent assessments are not paid within sixty days from
the billing date, the inspection service ((will)) may be
withdrawn.
If at any time an account thereafter is again unpaid in
the same crop year shipping season for more than thirty-five
days from the billing date, the commission may((, without
further notice, immediately)) place the dealer or handler on a
cash basis for the remainder of the crop year shipping season,
or such shorter period as the commission may at its option
specify, and the Compliance Certificate Book ((will)) may be
removed by the department of agriculture. If ((said)) the
subsequent delinquency shall continue more than sixty days
from the billing date, inspection service ((will)) may be
withdrawn.
Once withdrawn, inspection service will be reinstated only upon mutual agreement of the department of agriculture and the commission and after all delinquent assessments have been paid.
(((3))) (4) Delinquent assessments not paid within
thirty-five days of the billing date shall bear interest at
the maximum legal rate, not to exceed 1-1/2% per month, and in
case of suit to collect ((said)) the delinquent assessments,
the prevailing party shall, in addition to any other relief
granted, be allowed an attorneys fee in such amount as the
court in its discretion deems reasonable, together with costs
of suit.
[Statutory Authority: RCW 15.24.070(1). 86-01-082 (Order 17), § 24-12-012, filed 12/18/85; 84-20-002 (Order 16), § 24-12-012, filed 9/20/84.]
[Regulation No. 8, filed 1/26/67; Regulation No. 8, effective 9/29/61.]
[Regulation No. 1, filed 1/26/67; Regulation No. 1, effective 9/29/61.]