WSR 17-08-063
[Filed March 31, 2017, 11:39 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: Chapter 16-532 WAC, Hops.
Hearing Location(s): Washington State Department of Agriculture, 21 North 1st Avenue, Conference Room 238, Yakima, WA 98902, on May 12, 2017, at 11:00 a.m.
Date of Intended Adoption: July 20, 2017.
Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, email, fax (360) 902-2094, by May 12, 2017.
Assistance for Persons with Disabilities: Contact agency receptionist by May 1, 2017, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Washington hop commission wishes to amend WAC 16-532-040 (1)(a), Assessments and collections, by increasing the assessment rate from $0.125 to $0.15 per affected unit. The commission also seeks minor clarifying changes in WAC 16-532-010 Definitions, to specify that the "Affected unit" is defined as dried hops, and "Processed" excludes wet (fresh) hop cones as well as dried hop cones. In addition, contact information for the commission's public record[s] officer is updated to reflect an upcoming move of our office, and deleting reference to a web site that does not belong to the commission.
Reasons Supporting Proposal: The commission has determined that an increase in the assessment rate is necessary for the board to remain solvent in light of declining yields, due to the shift by the Washington hop industry to lower yielding aroma hop varieties, and program demands. This increase will allow the commission to continue to carry out its mandated mission.
Statutory Authority for Adoption: RCW 15.65.047, 42.56.040, and chapter 34.05 RCW.
Statute Being Implemented: Chapters 15.65 and 42.56 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington hop commission, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Ann George, P.O. Box 1207, Moxee, WA 98936, (509) 453-4749.
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 16-532 WAC will be determined by referendum vote of affected producers.
A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture and the Washington hop commission are not listed agencies under RCW 34.05.328 (5)(a)(i).
March 31, 2017
Kirk Robinson
Deputy Director
AMENDATORY SECTION (Amending WSR 17-05-032, filed 2/8/17, effective 3/11/17)
WAC 16-532-010 Definitions.
For the purpose of this marketing order:
"Act" means the Washington State Agricultural Enabling Act of 1961 or chapter 15.65 RCW.
"Affected area" means the state of Washington.
"Affected producer" or "producer" means any person who produces hops in commercial quantities in the state of Washington.
(("Affected area" means the state of Washington.))
"Affected unit" means one pound net of dried hops, or the amount of lupulin, extract or oil produced from pound net of dried hops.
"Commercial quantity" means any hops produced for market by a producer in any calendar year.
"Department" means the department of agriculture of the state of Washington.
"Director" means the director of agriculture of the state of Washington or his duly appointed representative.
"Disclosure" means inspection or copying.
"Handler" means any person who acts as principal or agent or otherwise in processing, selling, marketing, or distributing hops not produced by him.
"Hop commodity board" hereinafter referred to as "board" means the commodity board formed under the provisions of WAC 16-532-020.
"Hops" means and includes all kinds and varieties of "humulus lupulus" grown, picked and dried in the state of Washington, whether loose, packaged or baled and all oils, extracts and/or lupulin derived therefrom.
"Marketing season" means the twelve-month period beginning with January 1st of any year and ending December 31st, both dates being inclusive.
"Person" means any person, firm, association or corporation.
"Processed" means and includes all hops which are converted into pellets, extracts, oils, lupulin, and/or other forms, including hops which are frozen in undried form, but excluding whole, wet (fresh) or dried hop cones, whether loose or baled.
"Producer-handler" means any person who acts both as a producer and as a handler with respect to hops. A producer-handler shall be deemed to be a producer with respect to the hops which he produces and a handler with respect to the hops which he handles, including those produced by himself.
"Public records" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the department regardless of physical form or characteristics.
"Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter or trade.
AMENDATORY SECTION (Amending WSR 14-06-044, filed 2/26/14, effective 3/29/14)
WAC 16-532-040 Assessments and collections.
(1) Assessments.
(a) The annual assessment on all varieties of hops shall be (($0.0125)) $0.015 per affected unit, as approved by referendum vote of affected producers.
(b) For the purpose of collecting assessments the board may:
(i) Require handlers to collect producer assessments from producers whose production they handle, and remit the same to the board; or
(ii) Require the person subject to the assessment to give adequate assurance or security for its payment; or
(iii) Require the person subject to the assessment to remit assessments for any hops which are processed prior to the first sale; or
(iv) Require the person subject to the assessment to remit an inventory report for any hops which are not processed or sold prior to December 31 of the year in which they are produced.
(c) Subsequent to the first sale or processing, no affected units shall be transported, carried, shipped, sold, marketed, or otherwise handled or disposed of until every due and payable assessment herein provided for has been paid and the receipt issued. The foregoing shall include all affected units shipped or sold, both inside and outside the state.
(2) Collections. Any moneys collected or received by the board pursuant to the provisions of the order during or with respect to any season or year may be refunded on a pro rata basis at the close of such 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 such marketing agreement or order, to all persons from whom such 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 such 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 the 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 such 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 same to defray the cost of enforcing the collecting of the same. In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the board may bring a civil action against such person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.
AMENDATORY SECTION (Amending WSR 17-05-032, filed 2/8/17, effective 3/11/17)
WAC 16-532-135 Requests for public records.
(1) All requests for disclosure of public records must be submitted in writing directly to the commission's public records officer by mail at P.O. Box ((1207, Moxee, WA 98936 or by e-mail at 2885, Yakima, WA 98907 or by email at The written request should include:
(a) The name of the person requesting the record and his or her contact information;
(b) The calendar date on which the request is made;
(c) Sufficient information to readily identify the records being requested.
(2) Any person wishing to inspect the commission's public records may make an appointment with the public records officer to inspect the records at the commission office during regular business hours. In order to adequately protect the department's public records, the following will apply:
(a) Public records made available for inspection may not be removed from the area the commission makes available for inspection.
(b) Inspection of any public record will be conducted in the presence of the public records officer or designee.
(c) Public records may not be marked or altered in any manner during inspection.
(d) The commission has the discretion to designate the means and the location for the inspection of records. The viewing of those records that require specialized equipment shall be limited to the availability of that equipment located at the commission office and the availability of authorized staff to operate that equipment.
AMENDATORY SECTION (Amending WSR 17-05-032, filed 2/8/17, effective 3/11/17)
WAC 16-532-160 Records index.
The commission shall establish a records index, which shall be made available for public review. The records index may be accessed ((on the commission's web site at by emailing the commission at