WSR 26-09-043
PERMANENT RULES
DEPARTMENT OF AGRICULTURE
[Filed April 9, 2026, 8:51 a.m., effective May 10, 2026]
Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule-making order amends chapter 16-390 WAC, Fruit and vegetable inspection fees and other charges, by modifying the regular business hours of the program and removing references to the previous fee schedule from the chapter for clarity.
Citation of Rules Affected by this Order: Amending WAC 16-390-005, 16-390-025, and 16-390-030.
Statutory Authority for Adoption: RCW 15.17.030, [15.17].140, and [15.17].150.
Adopted under notice filed as WSR 26-04-134 on February 4, 2026.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 3, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: April 7, 2026.
Derek I. Sandison
Director
RDS-6956.1
AMENDATORY SECTION(Amending WSR 20-16-010, filed 7/23/20, effective 8/23/20)
WAC 16-390-005Definitions.
"Certificate" means an official document issued by the director which reports certification results.
"Certificate of compliance" means a shipping document issued by the fruit and vegetable industry attesting that the identified fruits or vegetables are known to be in full compliance with provisions of chapter 15.17 RCW. The member of the fruit and vegetable industry issuing the certificate of compliance has the sole responsibility of fairly and accurately representing the quality and quantity of fruits and vegetables listed on the certificate of compliance.
"Certification" means the complete service performed by the director, from inspection through the issuance of any applicable documentation of the results of the inspection.
"Customer assisted inspection program (CAIP)" means a quality or condition inspection performed by industry using the United States Department of Agriculture (USDA) standards with verification and oversight by the director.
"CWT" means a hundredweight, a unit of measure equaling ((one hundred))100 pounds.
"Director" means the director of the department of agriculture or the director's designated representative. As used in this chapter, WSDA refers to the director unless the context states otherwise.
"Grade and condition certificate" means an official note sheet issued by the director confirming the results of an inspection.
"Hourly fee" means the fee charged for services based on the hours documented by each WSDA inspector providing the service. Hourly fees are charged based on increments of ((fifteen))15 minutes, with time rounded up or down to the next ((fifteen))15 minute interval as follows: Eight minutes into a quarter hour is rounded up to the full quarter hour. Less than eight minutes into a quarter hour is rounded down and not billed.
"Inspection" means the inspection by the director of any fruits or vegetables for the purpose of certification at any time prior to, during, or subsequent to harvest.
"Inspection service notification" means customer notification to the director of any request for inspection services.
"Lot" means, unless otherwise stated in this chapter, a distinct unit of fruits or vegetables.
"Minimum operating fund balance" or "MOFB" means six months of projected apple maggot survey program operating expenses. The factors that the department considers when setting the MOFB under WAC 16-390-230 include the projected program staff salary and benefits; costs of the program's goods and services, including transportation; costs associated with the department's administrative support of the program; and any additional costs associated with the program. In addition to expected future costs, the department may consider previously incurred operating expenses to estimate projected operating expenses.
"Regular business hours" means the hours between ((8:00))7:00 a.m. and 5:00 p.m. Pacific time Monday through Friday except state holidays.
"Shipping permit" means a shipping document issued by the director attesting that the fruits or vegetables are known to be in compliance with the provisions of chapter 15.17 RCW and this chapter.
AMENDATORY SECTION(Amending WSR 16-18-035, filed 8/30/16, effective 9/30/16)
WAC 16-390-025Hourly 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, 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)))(2) 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 16-18-035, filed 8/30/16, effective 9/30/16)
WAC 16-390-030Fruit 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, 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)))(2) 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, 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)))(b) Effective January 1, 2019, the fee to determine the percentage of dirt, rot, and green is $0.023 per CWT or fraction thereof.
(((e)))(c) 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.