DEPARTMENT OF AGRICULTURE

[Filed July 25, 2018, 9:20 a.m.]

Preproposal statement of inquiry was filed as WSR 17-10-067.

Title of Rule and Other Identifying Information: Chapter 16-700 WAC, State fair fund—Proration.

Hearing Location(s): On October 19, 2018, at 10:00 a.m., at the Hilton Hotel, 301 West 6th Street, Vancouver, WA 98660.

Date of Intended Adoption: October 30, 2018.

Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, email wsdarulescomments@agr.wa.gov, fax 360-902-2092, by 5:00 p.m., October 22, 2018.

Assistance for Persons with Disabilities: Contact Teresa Norman, phone 360-902-2043, fax 360-902-2092, TTY 800-833-6388 or 711, email tnorman@agr.wa.gov, by October 10, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose is to update the Washington state department of agriculture's (WSDA) fair rules to be consistent with changes to state statute adopted by the legislature in 2018. Chapter 280, Laws of 2018, updated chapter 15.76 RCW to: (1) Ensure that if a fair is not held due to a natural disaster, and therefore does not conduct two successful, consecutive annual fairs, it will not lose eligibility to apply for allocations; (2) no longer restricts allocations to reimbursement for premiums and prizes; (3) allow fairs to receive reimbursement for operating expenses incurred; (4) increase the amount of the fair fund spent on allocations; and (5) clarify terms of appointment to the fairs commission. Chapter 16-700 WAC contains the requirements for agricultural fairs receiving allocations from the state fair fund. Proposed amendments reorganize the chapter and clarify qualifications and requirements for all categories of agricultural fairs.

Reasons Supporting Proposal: SB 6368, which amends chapter 15.76 RCW, was signed into law and became effective on June 7, 2018. Updates to the rules are necessary to comply with updates to the authorizing statute. In addition, this chapter has not been revised since 1997, lacks clarity, and contains outdated information.

Statutory Authority for Adoption: RCW 15.76.180 and chapter 34.05 RCW.

Statute Being Implemented: Chapter 15.76 RCW.

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

Name of Proponent: WSDA, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Teresa Norman, 1111 Washington Street S.E., Olympia, 360-902-2043.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. WSDA is not a listed agency under RCW 34.05.328 (5)(a)(i).

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rule content is explicitly and specifically dictated by statute.

Is exempt under RCW 34.05.310 (4)(b), (d), and (e). These rules concern distribution of public funds to agricultural fairs. The rules do not regulate or change the business practices of any business.

AMENDATORY SECTION(Amending WSR 80-01-019, filed 12/14/79, effective 1/1/81)

WAC 16-700-002Definitions.

"Agricultural fair((:))" means a fair or exhibition ((which is)) intended to promote agriculture by ((including)) having a balanced variety of exhibits of livestock and agricultural products((, as well as)); agriculture related arts and manufactures; ((including)) products of the farm home((,)); and educational contests, displays, and demonstrations designed to train youth and to promote the ((welfare of farm people and rural living)) importance of agriculture and support rural economic development. There are five categories of agricultural fairs: Area fairs, community fairs, county fairs, district fairs, and youth shows or fairs.

"Allocation" means amounts from the state fair fund, the account established in RCW 15.76.115, allocated to agricultural fair categories.

"Area fair" means an agricultural fair with both open and junior participation and an extensive diversification of classes, displays, and exhibits. Area fairs serve an area larger than one county; have organized governing boards of directors; are nonprofit; show evidence of community support; and are not under county commissioner jurisdiction.

"Community fair" means an agricultural fair with either or both open or junior classes, displays or exhibits. Community fairs do not have as extensive diversification of classes, displays, or exhibits as area, county, or district fairs. Community fairs serve an area smaller than areas served by area, county, and district fairs; have organized governing boards of directors; are nonprofit; and show evidence of community support. There may be more than one community fair in a county.

"County fair" means an agricultural fair with both open and junior participation but not as extensive diversification of classes, displays, and exhibits as an area fair. County fairs are authorized by RCW 36.37.050, serve a single county, and are under the jurisdiction of a board of county commissioners.

"Department" means the Washington state department of agriculture.

"Director" means the director of the Washington state department of agriculture.

"District fair" means an agricultural fair with both open and youth participation but not as extensive diversification of classes, displays, and exhibits as an area fair. District fairs are authorized by RCW 36.37.050, serve more than one county, and are under county commission jurisdiction.

"Premiums and prizes" means anything of value given as a reward or incentive for exhibits and educational contests, displays, and demonstrations of an educational nature. Premiums and prizes do not include livestock sale revenues, nor anything of value given as a reward or incentive for promotional or entertainment activities, such as queen contests, parades, dances, rodeos, and races.

"Reimbursement" means a proportion of an allocation distributed to eligible applicants as reimbursement for operating costs incurred according to the requirements of chapter 15.76 RCW and this chapter.

"Youth fair or show" means a 4-H or FFA agricultural fair with the purpose of educating and training youth in agriculture and life skills. Youth fairs or shows serve three or more counties; must be approved by an approving agency; have organized governing boards of directors; are nonprofit; and show evidence of community support.

"Youth fair or show approving agency" means either the Washington State University, which approves 4-H fairs and shows, or the office of the superintendent of public instruction, which approves FFA fairs and shows.

WAC 16-700-015Applications for reimbursement.

(1) Agricultural fairs must use reimbursement application forms supplied by the department. Applicants for reimbursement must include all information requested by the application forms including, but not limited to, the number of exhibits and exhibitors, the amount awarded for premiums and prizes, and operating expenses.

(2) An area, county, or district fair applying for a reimbursement must submit to the director an annual application and a certified auditor's report of operating expenses on or before February 15th in the year following the fair.

(3) A community fair applying for a reimbursement must submit to the director an annual notarized application on or before December 1st in the year of holding the fair.

(4) Youth fairs or shows applying for a reimbursement must submit to the director an annual notarized application on or before December 1st in the year of holding the fair. The department will submit a copy of each youth fair or show application to the approving agency.

AMENDATORY SECTION(Amending WSR 80-01-019, filed 12/14/79, effective 1/1/81)

WAC 16-700-022Requirements to qualify for reimbursement.

((All)) Any agricultural fair((s shall)), except for single species youth shows, applying for reimbursement of operating expenses must:

(1) ((Have a written statement of aims and purposes made public.

(2))) Provide special activities for youth training and development, such as judging contests, educational demonstrations, and displays ((designed to train youth)).

(((3))) (2) Hold all activities to be considered as part of the fair on consecutive days((: Provided, That)). A fair may hold a portion of these activities ((may be held)) up to seven days before the first day of the fair.

(3) Have all displays or exhibits in one place and open to the public for at least a seven-hour period.

AMENDATORY SECTION(Amending WSR 80-01-019, filed 12/14/79, effective 1/1/81)

WAC 16-700-024Director's review.

Any fair not qualifying under WAC ((16-700-021 or 16-700-022(3))) 16-700-022 may apply to the director for a review of its circumstances and the director ((is authorized)) has discretion to determine eligibility ((on the basis)) in consideration of those circumstances on a case-by-case basis.

AMENDATORY SECTION(Amending WSR 97-04-078, filed 2/5/97, effective 3/8/97)

WAC 16-700-050Merit criteria.

(1) After allocation to fair categories, fairs commissioners evaluate agricultural fairs to help determine the distribution of reimbursement according to the merit rating.

(2) Fairs commissioners evaluating agricultural fairs have discretion in award of merit points.

(3) In determining the merit of ((area, district, county and community fairs shall be determined on the basis of)) agricultural fairs, the fairs commissioners use standards based on the following criteria:

(((1))) (a) Aims and purposes: ((For what)) Evidence of successful achievement of the fair or show's stated aims and purposes. Fairs and shows should have a written statement prominently displayed to the public that describes the reason or purposes ((is the show held and what is the evidence of successful achievement of these aims and purposes?

(2))) for which the fair or show is held.

(b) Organization and management: ((To what)) The extent ((is)) to which the organization, its officers and management, and the physical facilities and financial resources are geared to accomplish the objectives stated ((above?

(3) Area served: What is the extent of the area from which exhibits and exhibitors are drawn and the extent of the area served?

(4))) in the written statement of aims and purposes.

(c) General attractiveness: ((Are)) The agricultural, educational, commercial and recreational features ((wellbalanced, making)) that help make the fair attractive to the fairgoing public((?

(5))).

(d) Exhibits: ((What is)) The number, quality and diversity of exhibits and their general rating judged by recognized standards of excellence, as well as their neatness and orderliness in all departments, in open and junior classes((?

(6))).

(i) To qualify for the maximum number of animal exhibit merit points, fairs should have three or more large animal categories, such as beef, sheep, swine, horses, dairy, goats, and llamas; and three or more small animal categories, such as dogs, cats, poultry, rabbits, cavies, and pocket pets.

(ii) To qualify for the maximum number of still life exhibit merit points, fairs should have three or more still life categories, such as baked goods, food preservation, clothing and sewn items, decorative arts, fine arts, photography, horticulture, crops, floriculture, crafts and hobbies, ag mechanics, and STEM (science, technology, engineering and mathematics) exhibits.

(iii) Animal-only fairs and shows are exempt from the still life requirement.

(e) Community, county or area interest: ((How is full)) The participation and support ((of)) from the area served as indicated by (((a))) attendance, both paid and total((,)); and (((b))) by active support ((of)) from service clubs, farm organizations and other groups((?

(7))).

(f) Success of the fair: How successful ((does)) the fair appears, measured by its accomplishment in relation to resources available((?)).

(4) In the case of youth fairs and shows, fair commissioners also consider to the extent to which the show or fair supplements youth programs; provides opportunities for showing results of supervised training in these programs; and provides special activities for youth development, such as judging contests, educational demonstrations, banquets, barbecues, programs, or other supervised recreation.

AMENDATORY SECTION(Amending Order 847, Regulation 7, effective 6/8/61)

WAC 16-700-070Reserve for disaster grants.

((Allocations to fairs from the special assistance portion of the state fair fund shall be made on a matching basis except that this requirement may be waived in the case of assistance due to)) The department must reserve not less than five thousand dollars for the purpose of making disaster grants to fairs that have experienced disasters resulting from fire, flood, wind, snow, earthquake or other acts of God. ((A reserve of not less than $5,000 shall be held for the purpose of making disaster grants.))

The following sections of the Washington Administrative Code are repealed:

Activity reports required.

Fair reorganization.

Effect of donated labor, materials, and equipment.

Consideration given to community support.

Criteria for youth shows and fairs.

Special assistance grant limits.

Qualifying premiums and prizes.


WAC 16-700-010	Activity reports required.
WAC 16-700-011	Fair reorganization.
WAC 16-700-021	Qualifications.
WAC 16-700-027	Board of directors.
WAC 16-700-030	Effect of donated labor, materials, and equipment.
WAC 16-700-040	Consideration given to community support.
WAC 16-700-060	Criteria for youth shows and fairs.
WAC 16-700-075	Special assistance grant limits.
WAC 16-700-080	Qualifying premiums and prizes.
WAC 16-700-090	Effective date.