WSR 09-15-017



[ Filed July 6, 2009, 8:35 a.m. ]

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, 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



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.]

AMENDATORY SECTION(Amending WSR 00-23-064, filed 11/15/00, effective 12/16/00)

WAC 24-12-010   Amount of assessments.   (1) There is hereby levied upon all fresh apples grown annually in this state, and upon all apples packed as Washington apples, ((an assessment of 86.96 cents on each one hundred pounds gross billing weight until September 30, 2001. On and after October 1, 2001 the assessment on fresh apples shall be 54.3 cents on each one hundred pounds gross billing weight. For the period October 1, 1998 through September 30, 2001, 32.66 cents of the assessment on each one hundred pounds gross billing weight shall be used only for direct consumer advertising)) including fresh sliced, an assessment of eight and seventy-five one-hundredths cents per one hundred pounds of apples, based on net shipping weight or reasonable equivalent net product assessment measurement as determined by the commission.

(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:





1/3 Bushel box (packed or loose)

15 lbs.
1/2 Bushel box (loose) 23 lbs.
Bulk bushel container (loose)

Net weight

plus 3 lbs. tare

9/4 and 12/3 Bag containers 41 lbs.
13/3 Bag container 44 lbs.
10/4 and 8/5 Bag containers 45 lbs.
12/4 Bag container 53 lbs.
Standard tray pack container 46 lbs.
Pocket cell tray pack container 46 lbs.
Cell pack containers, all counts 46 lbs.
2-Layer tray pack container 23 lbs.
Single-layer tray pack container 12 lbs.))

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.]

AMENDATORY SECTION(Amending Order 11, filed 8/12/82)

WAC 24-12-011   Referendum mail ballot voting eligibility.   (1) In the conduct of a referendum mail ballot pursuant to the provisions of RCW 15.24.090 the commission shall require that each returned ballot be accompanied by a completed apple grower eligibility certificate in substantially the following form:



(Note: All appropiate spaces on this certificate must be
completed to properly qualify your vote.)


1. My name and address are as follows (please print):
Name: . . . . . . . . . . . .
Mailing Address: . . . . . . . . . . . .
((Residence)) Orchard Address: . . . . . . . . . . . .
City: . . . . . . . . . . . . State: . . . . . . . . . . . .
2. I am qualified to vote for one of the following reasons (please check the appropriate space):
a. . . . . I am an individual owner-operator or an individual lessee-operator of commercially producing apple orchard/orchards.
b. . . . . I am a member of and have been designated to cast the single ballot for (please fill in name), a partnership, joint venture or corporation owning/leasing and operating commercially producing apple orchard/orchards.
3. The orchard/orchards for which I am casting a vote represents. . . . . . acres of commercially producing apple trees situated in the county/counties of. . . . . . within the state of Washington. (Please combine the total commercially producing apple acreage for which you are voting in the space above.)
. . . . . . . . . . . .

Signature of Voter

Name (print) . . . . . . . . . . . .
Date . . . . . . . . . . . .
Note: A completed apple grower eligibility certificate must accompany each ballot.

(2) The commission and the director of the department of agriculture may, in counting and validating ballots, rely on and accept the representations of eligibility to vote and the representations of acreage as set forth in ((said)) the certificate.

(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.]

AMENDATORY SECTION(Amending Regulation No. 8, filed 1/26/67)

WAC 24-12-070   Seal.   The seal of the commission shall be circular in form and contain the following inscription: "WASHINGTON ((STATE)) APPLE ((ADVERTISING)) COMMISSION SEAL."

[Regulation No. 8, filed 1/26/67; Regulation No. 8, effective 9/29/61.]

AMENDATORY SECTION(Amending Regulation No. 1, filed 1/26/67)

WAC 24-12-080   Effect of law.   These revised ((regulations)) rules, as provided in ((said)) the act, have the force and effect of law, and any person who shall violate or aid in the violation of any of these ((regulations)) rules is in violation of Washington state law and is guilty of a misdemeanor. These ((regulations)) rules hereby repeal and supersede all previous ((regulations)) rules. Definitions of terms in ((said)) the act are applicable to these ((regulations)) rules.

[Regulation No. 1, filed 1/26/67; Regulation No. 1, effective 9/29/61.]

Washington State Code Reviser's Office