WSR 16-13-058 EXPEDITED RULES DEPARTMENT OF AGRICULTURE [Filed June 13, 2016, 8:45 a.m.]
Title of Rule and Other Identifying Information: Chapter 16-390 WAC, WSDA fruit and vegetable inspection districts, inspection fees, and other charges. The department is proposing to:
1. Repeal WAC 16-390-010 to correspond with the repeal of the statutes upon which it was based under SB 6345, effective June 9, 2016;
2. Amend WAC 16-390-025 and 16-390-030 to change the respective fee increase dates from January 1, 2017, to January 1, 2019; and
3. Amend the title of chapter 16-390 WAC to delete the reference to "inspection districts."
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Henri Gonzales, Rules Coordinator, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, AND RECEIVED BY August 23, 2016.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 16-390-010, the rule identifying two inspection districts, is to be repealed consistent with the 2016 legislation (SB 6345; chapter 229, Laws of 2016) repealing the statutory authority in chapter 15.17 RCW that established two inspection districts. SB 6345 took effect on June 9, 2016, at which time WAC 16-390-010 also became ineffective.
WAC 16-390-025 and 16-390-030 established fee increases to take effect January 1, 2017. The department has determined that current revenue projections support extending the effective date of the fee increases under each rule from January 1, 2017, to January 1, 2019.
Reasons Supporting Proposal: The repeal of WAC 16-390-010 is necessary to conform to the repeal of the statutory authority for two fruit and vegetable inspection districts under SB 6345. The two year extension of the effective date is necessary to reflect current revenue projections based on the current fees established in these two rules. These projections support the conclusion that deferring for two years the fee increase will meet the program requirements to recover the costs incurred in providing inspection services (RCW 15.17.150) and the revenue needed to maintain the inspection account at the required level (RCW 15.17.240, as amended by SB 6345).
Statutory Authority for Adoption: RCW 15.17.030, 15.17.150; chapter 229, Laws of 2016; chapter 34.05 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state department of agriculture, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jim Nelson, 270 9th Street N.E., Suite 101-A, East Wenatchee, WA 98802, (509) 662-6161.
June 13, 2016
Jason Ferrante
Assistant Director
Chapter 16-390 WAC
((WSDA)) FRUIT AND VEGETABLE ((INSPECTION DISTRICTS,)) INSPECTION FEES AND OTHER CHARGES AMENDATORY SECTION (Amending WSR 14-24-086, filed 12/1/14, effective 1/1/15)
WAC 16-390-025 Hourly inspection fee.
(1) Effective January 1, 2015, the hourly inspection fee is $65.00 per hour for regular hours and $97.50 for overtime and holiday hours for any inspection service that is not covered by CWT fees.
(2) Effective January 1, ((2017)) 2019, the hourly inspection fee is $75.00 per hour for regular hours and $112.50 per hour for overtime and holiday hours for any inspection service that is not covered by CWT fees.
(3) An additional fee amounting to three regular hours, plus the inspection fees for time worked, at the applicable hourly fee specified in this section will be charged when inspection service notification is not given prior to the end of normal business hours on the day preceding any weekend or holiday inspection work.
AMENDATORY SECTION (Amending WSR 14-24-086, filed 12/1/14, effective 1/1/15)
WAC 16-390-030 Fruit and vegetable CWT fees.
The following inspection and certification services are charged fees based on the stated CWT fee, provided that if the applied CWT fee would result in a charge less than the applicable hourly fee under WAC 16-390-025 for the staff hours worked, the applicable hourly fee will be assessed.
(1) Effective January 1, 2015, the fee for federal-state grade and condition certification for all fresh and processing fruits, vegetables, and nuts, except in-state processing potatoes, is $0.175 per CWT or fraction thereof.
(2) Effective January 1, ((2017)) 2019, the fee for federal-state grade and condition certification for all fresh and processing fruits, vegetables, and nuts, except in-state processing potatoes, is $0.185 per CWT or fraction thereof.
(3) In-state processing potatoes are charged the following fees:
(a) Effective January 1, 2015, the fee to determine the percentage of potatoes meeting U.S. No. 1 or U.S. No. 2 fresh potato grades as listed in the United States Grades for Potatoes (U.S. Potato Standards) is $0.038 per CWT or fraction thereof.
(b) Effective January 1, ((2017)) 2019, the fee to establish a percentage of potatoes meeting U.S. No. 1 or U.S. No. 2 fresh potato grades as listed in the United States Grades for Potatoes (U.S. Potato Standards) is $0.043 per CWT or fraction thereof.
(c) Effective January 1, 2015, the fee to establish a percentage of dirt, rot, and green is $0.021 per CWT or fraction thereof.
(d) Effective January 1, ((2017)) 2019, the fee to determine the percentage of dirt, rot, and green is $0.023 per CWT or fraction thereof.
(e) Contracts may be negotiated with the potato processing industry for inspection services to meet specific inspection requests, but not for less than the equivalent hourly fee specified in WAC 16-390-025 for the staff hours worked.
REPEALER
The following section of the Washington Administrative Code is repealed:
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