WSR 10-04-060



[ Filed January 29, 2010, 10:54 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: Fryers, broilers and roasters, chapter 16-512 WAC, WAC 16-512-005 Marketing order -- Policy statement, 16-512-006 Marketing order purposes, 16-512-010 Definitions, 16-512-020 Fryer commission -- Structure, powers, duties, and procedure, 16-512-040 Assessments and assessment funds, 16-512-050 Information reports, 16-512-060 Separability, and 16-512-070 Effective time.

Hearing Location(s): Washington State Department of Agriculture, Natural Resources Building, 1111 Washington Street S.E., Conference Room 205, Olympia, WA 98504-2560, on March 12, 2010, at 1:30 p.m.

Date of Intended Adoption: May 14, 2010.

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., March 15, 2010.

Assistance for Persons with Disabilities: Contact WSDA receptionist by March 3, 2010, TTY 1-800-833-6488 or (360) 902-1976.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal would terminate the Washington fryer commission. A hearing will be held under the provisions of chapter 15.66 RCW to determine whether termination of the commission would effectuate the declared policy of the statute and the marketing order is not needed.

Reasons Supporting Proposal: The fryer industry has experienced many challenges and changes over the past several years. In the 1990s, Washington State University cut the poultry program which negated the opportunity for research unique to the poultry industry in Washington. A few years ago the two remaining processors of Washington-grown chicken opted to combine the state of origin information with Oregon's which eliminated the "Grown in Washington" brand. In 2009 the growers voted to reduce the rate they are assessed in recognition of economic struggles as well as the scaled-back functions of the commission (primarily focused on assisting growers with maintaining their businesses, consumer outreach, regulatory services and legislative activities). Although the board of the fryer commission has continued to meet since assessments were reduced, no meaningful mission has been crafted to move the commission forward and it is believed most growers feel the commission has outlived its usefulness to the industry. A petition to eliminate the fryer commission was submitted by the board to the director of the department of agriculture.

Statutory Authority for Adoption: RCW 15.66.055 and chapter 34.05 RCW.

Statute Being Implemented: Chapter 15.66 RCW.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Any rule proposal that results from this rule-making process will not be adopted unless the proposed rules are also approved in a referendum of affected fryer producers pursuant to chapter 15.66 RCW.

Name of Proponent: Washington state fryer commission, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kelly Frost, P.O. Box 42560, Olympia, WA 98504-2560, (360) 902-1802.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal would eliminate the marketing order for the Washington fryer commission. Under the provisions of chapter 15.66 RCW a referendum of the affected parties would be required to terminate the commission.

A cost-benefit analysis is not required under RCW 34.05.328. The department of agriculture and the Washington fryer commission are not named agencies in RCW 34.05.328 (5)(a)(i).

January 29, 2010

Dan Newhouse




     The following sections of the Washington Administrative Code are repealed:
WAC 16-512-005 Marketing order -- Policy statement.
WAC 16-512-006 Marketing order purposes.
WAC 16-512-010 Definitions.
WAC 16-512-020 Fryer commission -- Structure, powers, duties, and procedure.
WAC 16-512-040 Assessments and assessment funds.
WAC 16-512-050 Information reports.
WAC 16-512-060 Separability.
WAC 16-512-070 Effective time.

Washington State Code Reviser's Office