WSR 11-17-138



[ Filed August 24, 2011, 9:04 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Mint, chapter 16-540 WAC, the Washington state mint commission.

Hearing Location(s): Benton PUD, 2721 West 10th Avenue, Kennewick, WA 99337, on October 5, 2011, at 1:00 p.m.

Date of Intended Adoption: December 30, 2011.

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., October 7, 2011.

Assistance for Persons with Disabilities: Contact WSDA receptionist by September 28, 2011, TTY 1-800-833-6388 or (360) 902-1976.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Washington state mint commission has petitioned the director to amend its marketing order, specifically WAC 16-540-040 Assessments and collections. The proposal would increase the annual assessment on all varieties of mint oil subject to the marketing order from five to nine cents per pound of oil as weighed by first purchaser. Any increase in assessment must be approved by referendum vote of affected producers and would become effective July 1, 2012.

Reasons Supporting Proposal: Although the current rate of assessment has been in place for several years, increased costs have historically been offset by increased demand for Washington-grown mint. This has changed and the industry has seen a gradual loss of demand for mint oil produced in Washington state giving way to foreign produced oil, primarily from India and China. Even with this decline, Washington continues to be the nation's leading producer of both spearmint and peppermint oil and has the nation's most progressive and vibrant mint research program. Increasing the rate of assessment will ensure necessary research programs continue to be funded and the commission is able to maintain basic operations necessary to realize the purposes of the marketing order.

Statutory Authority for Adoption: RCW 15.65.050, chapter 34.05 RCW.

Statute Being Implemented: Chapter 15.65 RCW.

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

Name of Proponent: Washington state mint commission, governmental.

Name of Agency Personnel Responsible for Drafting: Kelly Frost, Olympia, Washington, (360) 902-1802; Implementation and Enforcement: Washington mint commission, Kennewick, Washington, (509) 585-5460.

No small business economic impact statement has been prepared under chapter 19.85 RCW. In accordance with RCW 15.65.570, the adoption of the final amendments to chapter 16-540 WAC will be determined by a referendum vote of affected parties.

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

August 24, 2011

Dan Newhouse



AMENDATORY SECTION(Amending WSR 05-09-013, filed 4/8/05, effective 5/9/05)

WAC 16-540-040   Assessments and collections.   (1) Assessments.

(a) The fixed annual assessment on all varieties of mint oil subject to this marketing order shall be five cents per pound of oil as weighed by first purchaser until June 30, 2012. Effective July 1, 2012, the fixed annual assessment shall be nine cents per pound of oil as weighed by first purchaser.

(b) First purchasers shall collect assessments at time of payment for oil, from producers whose production they handle and remit the same to the board in accordance with procedures adopted by the board. Producers and producer-handlers who ship their oil direct to handlers outside of the state of Washington shall remit assessments to the board at time of shipment.

(2) Collections. Any moneys collected or received by the board pursuant to the provisions of this order during or with respect to any season or year may be refunded on a pro rata basis at the close of the season or year or at the close of such longer period as the board determines to be reasonably adapted to effectuate the declared policies of this act and the purposes of the marketing order to all persons from whom moneys were collected or received, or may be carried over into and used with respect to the next succeeding season, year or period whenever the board finds that the same will tend to effectuate the policies and purposes.

(3) Penalties. Any due and payable assessment herein levied in such specified amount as may be determined by the board pursuant to the provisions of the act and this order, shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the board when payment is called for by it. In the event any person fails to pay the board the full amount of the assessment or such other sum on or before the date due, the board may, and is hereby authorized to add to such unpaid assessment or sum an amount not exceeding ten percent of the unpaid assessment to defray the cost of enforcing the collecting of it. In the event of failure of a person or persons to pay any due and payable assessment or other sum, the board may bring a civil action against the person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent, and the action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

[Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. 05-09-013, 16-540-040, filed 4/8/05, effective 5/9/05. Statutory Authority: RCW 15.65.050. 96-03-150 (Order 5091), 16-540-040, filed 1/24/96, effective 2/24/96. Statutory Authority: Chapter 15.65 RCW. 84-10-046 (Order 1823), 16-540-040, filed 5/2/84; Order 1406, 16-540-040, filed 7/23/75; Article IV, A-C, filed 12/20/66, effective 2/1/67.]

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