WSR 00-13-055

EMERGENCY RULES

DEPARTMENT OF AGRICULTURE


[ Filed June 14, 2000, 4:50 p.m. ]

Date of Adoption: June 14, 2000.

Purpose: To delay the effective date of the rules adopted in chapter 16-143 WAC on May 22, 2000, that (1) established a grade and standards for fresh red raspberries that are destined for freezing, puree, juice stock and other processing uses; (2) establish standards for red raspberry puree stock and juice stock red raspberries; (3) establish container marking requirements for red raspberries; and (4) specify how red raspberries may be used, processed and sold. Red raspberries destined for fresh market are exempt.

Citation of Existing Rules Affected by this Order: WAC 16-143-010 through 16-143-110.

Statutory Authority for Adoption: Chapters 15.17 and 69.04 RCW and RCW 34.05.350.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The Department of Agriculture recently completed a rule-making process that resulted in the adoption of chapter 16-143 WAC, Red raspberry grades and standards. The rules were adopted on May 22, 2000, and are not yet in effect, but are set to take effect on June 22, 2000.

Subsequent to the adoption of the rules, the department received a petition for reconsideration and a petition for stay of implementation of the newly enacted rules relating to the red raspberry grades and standards. Both documents were dated May 30, 2000. The department has also received other questions regarding rule implementation and compliance by persons and entities covered by the rules, and questions concerning rule implementation by the department.

The petitions and inquiries identified impacts to existing contracts for the purchase of red raspberries for harvest year 2000, and raised implementation and logistical questions, the extent of which were previously unidentified during the original rule-making process. The department has determined that additional time and work is required to address these issues.

In order to address potential economic loss and any other disruptions to the 2000 red raspberry harvest that will begin on or about July 1, 2000, the department has determined the best course of action is to postpone the effective date of the red raspberry grades and standards rules. Therefore, the red raspberry grades and standards rules, WAC 16-143-010 through 16-143-110, will not be in effect during harvest season 2000.

The department will use the additional time provided to address the issues raised in the petitions and inquiries and to assist those persons and entities that are required to comply with the rules with training and implementation guidance.

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 Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, 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. Effective Date of Rule: Immediately.

June 14, 2000

James M. Jesernig

Director


NEW SECTION
WAC 16-143-005
Chapter not effective for 2000 red raspberry harvest season.

The rules set forth in WAC 16-143-010 through WAC 16-143-110 do not apply to red raspberries harvested during the 2000 red raspberry season.

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