Original Notice.

Preproposal statement of inquiry was filed as WSR 01-03-134.

Title of Rule: Chapter 16-400 WAC, Fruit and vegetable inspection fees, change the hourly inspection rates (regular and overtime).

Purpose: Raise fees within fiscal growth factor, current fees are below actual costs of providing services. Alignment of inspection charges with inspection practices and procedures.

Statutory Authority for Adoption: Chapter 15.17 RCW.

Statute Being Implemented: RCW 15.17.030.

Summary: The purpose of this rule is to increase the hourly inspection rates (regular and overtime), within the fiscal growth factors allowed under Initiative 601. The increased inspection rate will reduce the proportionate disparity of inspection costs between the high volume and low volume warehouses. High volume warehouses are generally assessed fees on a per unit basis which usually meets or exceeds the hourly rate fee. The low volume warehouses are assessed fees on a per unit basis in addition to the hourly rate to compensate for the total inspection time.

Reasons Supporting Proposal: See Summary above.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jim Quigley, Olympia, (360) 902-1833.

Name of Proponent: Department of Agriculture, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Current hourly fees are $23.00 per hour, which is not sufficient to recover actual per hour expenses.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of this rule is to increase the hourly inspection rates (regular and overtime), within the fiscal growth factors allowed under Initiative 601. The increased inspection rate will reduce the proportionate disparity of inspection costs between the high volume warehouses and the lower volume warehouses. High volume warehouses are generally assessed fees on a per unit basis which usually meets or exceeds the hourly rate for the total inspection time. The lower volume warehouses are assessed fees on a per unit basis in addition to the hourly rate to compensate for the total inspection time.

Proposal Changes the Following Existing Rules: Increase the hourly inspection rates from $23.00 to $23.66 per hour on June 30, 2001, and to $24.30 per hour on July 1, 2001. Increase the overtime inspection rates from $31.25 to $32.15 per hour on June 30, 2001, and $33.05 per hour on July 1, 2001.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The financial impact, if any, will be minimal and does not represent a disproportionate cost to small businesses.

The purpose of this increase in the hourly inspection rates for regular and overtime is to establish the necessary fees to recover the costs of providing inspection and/or certification or other requested services as authorized under RCW 15.17.150. The proposed hourly rate increase is within the fiscal growth factor established by Initiative 601.

Cost of Compliance: The proposed rule will raise the cost of the hourly fee for inspection certification from $23.00 per hour to $24.30 per hour for regular time and from $31.25 per hour to $33.05 per hour for overtime. The purpose for the increase in the hourly fee is to raise the fee to keep current with the fiscal growth factor regulated by Initiative 601. The current hourly fees charged for inspections and certifications are below actual costs of providing services, and the increase in the hourly fees will also bring the alignment of inspection charges with inspection practices and procedures. Inspection and certification charges are based on an hourly and/or hundredweight unit charge. The only time the hourly fee is applied is when the hundredweight fee does not cover the number of hours an inspector is certifying commodities at a warehouse. In general, the hundredweight fee covers the cost of inspection except in small businesses with low volume packouts of apples, cherries and apricots and the hundredweight unit charges does not cover the amount of time of the inspection.

Impact on Business: The proposed hourly fee increase will not impose a disproportionate economic impact on small business since the majority of the businesses have insignificant increases in the new hourly fees. The cost is based on the number of hours a company is charged for inspection certification when the hundredweight fee does not cover the number of hours of inspection service. All of the companies affected by the hourly fee increase would be considered small businesses with less than fifty employees. For crop year 2000, forty-eight companies were identified as small businesses and their inspection certificates were audited for the number of hours charged either regular time and/or overtime hourly fees. Based on the hourly charges for crop year 2000 for these companies, and applying the proposed rate increases, the total increase for the proposed hourly fee is $889.16.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Washington Apple Commission, 2900 Euclid Avenue, Wenatchee, WA, on April 30, 2001, at 1:00 p.m.; at the Yakima Ag Center, 21 North 1st Avenue, Yakima, WA, on May 1, 2001, at 1:00 p.m.; and at the Shilo Inn, 1819 East Kittleson, Moses Lake, WA, on May 3, 2001, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Jodi Jones, TDD (360) 902-1976, or (360) 901-1996.

Submit Written Comments to: Jim Quigley, Program Manager, Washington State Department of Agriculture Fruit and Vegetable Inspection Program, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2085, by May 5, 2001.

Date of Intended Adoption: May 15, 2001.

March 16, 2001

Robert W. Gore

Assistant Director

(1) The minimum charge for all vegetables shall be nine dollars.

(2) Charges for grade and condition certificates for fresh market vegetables in containers -- wrapped, place pack, face and fill, in bags, master containers, consumer packages, or loose in bulk cartons, boxes, crates, bins or in bags per cwt. or fraction thereof:

(a) For federal-state certification:

Asparagus . . . . . . . . . . . . 21
Cantaloupes, and corn . . . . . . . . . . . . 12.5
Onions . . . . . . . . . . . . 8
Potatoes, and seed potatoes . . . . . . . . . . . . 6
Processing potatoes . . . . . . . . . . . . 6
	Complete inspection (rate shall be reduced for level of service required)
Tomatoes . . . . . . . . . . . . 19
	(a) For state certification:
Asparagus . . . . . . . . . . . . 19

(3) Inspection fees for cabbage, carrots, cauliflower, celery, cucumbers, lettuce, rhubarb, rutabagas, squash, watermelons, etc., shall be at the hourly rate of ((twenty-two)) twenty-three dollars and ((twenty-five)) sixty-six cents beginning June 30, ((1998)) 2001, and ((twenty-three)) twenty-four dollars and thirty cents beginning July 1, ((1998)) 2001.

(4) Inspection for quality, condition, and/or size determination, whether in bulk or in containers, for all vegetables for processing, except potatoes, charges shall be two dollars fifty cents per ton net weight or fraction thereof. When inspection is requested only for the purpose of verifying the product, conveyance, markings, or other factors not related to quality, the charges shall be at the hourly rate, but not less than the minimum certificate charge of nine dollars.

[Statutory Authority: Chapter 15.17 RCW. 98-10-083, 16-400-040, filed 5/5/98, effective 6/5/98; 96-10-060 (Order 5095), 16-400-040, filed 4/30/96, effective 5/31/96; 89-08-040 (Order 2001), 16-400-040, filed 3/31/89; 86-08-081 (Order 1884), 16-400-040, filed 4/2/86; 85-02-033 (Order 1845), 16-400-040, filed 12/31/84, effective 2/1/85; 79-01-035 (Order 1589), 16-400-040, filed 12/20/78. Statutory Authority: RCW 15.17.150. 78-06-025 (Order 1578), 16-400-040, filed 5/17/78; Order 1402, 16-400-040, filed 6/16/75; Order 1377, 16-400-040, filed 9/12/74; Order 1355, 16-400-040, filed 5/14/74, effective 7/1/74; Order 1317, 16-400-040, filed 5/30/73; Order 1121, 16-400-040, filed 12/29/69; Order 1121, 16-400-040, filed 6/30/69, effective 8/1/69; Emergency Order 1120, 16-400-040, filed 6/30/69; Emergency Order 1065 and Order 1066, Regulation 1, 4, filed 9/15/67; Order 1066, effective 10/16/67; Order 1052, Regulation 1, 4, filed 5/12/67; Order 989, Regulation 1, 4, filed 8/3/65; Emergency Order 988, effective 8/3/65; Order 928, filed 7/8/63; Order 783, effective 3/1/59.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 98-10-083, filed 5/5/98, effective 6/5/98)

WAC 16-400-100   Certificates.   Certificate charges shall be in accordance with the following provisions:

(1) Consolidation certificates shall be charged as specified in WAC 16-400-010 and 16-400-040 and shall have an additional charge of three dollars for each additional local lot.

(2) Condition certificate charges shall be two-thirds of the grade and condition certificates with the following exceptions:

(a) Previously inspected lots shall have a minimum charge of nine dollars.

(b) When the lot has had no prior inspection for quality or grade and it is requested that the certificate carry out-bound car, truck, or state lot number, the grade and condition certificate schedule shall apply.

(c) Out-of-state products reported on state certificates shall be charged on the applicable grade and condition certificate schedule, except there shall be an hourly charge of ((twenty-two)) twenty-three dollars and ((twenty-five)) sixty-six cents beginning June 30, ((1998)) 2001, and ((twenty-three)) twenty-four dollars and thirty cents beginning July 1, ((1998)) 2001.

(d) For lots of controlled atmosphere storage apples which were previously certified, a state condition certificate or quality control inspection may be issued without additional charge.

(3) Car hook-up, loading or unloading certificate shall be charged at the rates specified in subsection (2)(a) of this section.

(4) Sanitary and quarantine certificate charges for fruits and vegetables shall be:

(a) Six dollars for the issuance of a certificate, plus the hourly rates specified in WAC 16-400-210 (1)(a) when the shipment is not covered by federal-state or state certificates.

(b) Six dollars per set when the shipment is covered by federal-state or state certificates.

(5) Container weight, or checkloading certificates shall be charged at the rates specified in WAC 16-400-210 (1)(a).

(6) Federal-state certification shall meet the criteria for sampling as established by United States Department of Agriculture, Agricultural Marketing Service. When the federal-state inspector or inspector's aide must physically obtain samples from lots blocked out for loading or from lots in storage, charges of seven and on-half cents per cwt. Shall be made in addition to inspection fees. When assistance is provided by the applicant's personnel, charges for sampling shall be reduced accordingly.

[Statutory Authority: Chapter 15.17 RCW. 98-10-083, 16-400-100, filed 5/5/98, effective 6/5/98; 96-10-060 (Order 5095), 16-400-100, filed 4/30/96, effective 5/31/96; 90-09-031 (Order 2031), 16-400-100, filed 4/11/90, effective 5/12/90; 89-08-040 (Order 2001), 16-400-100, filed 3/31/89; 86-08-081 (Order 1884), 16-400-100, filed 4/2/86; 85-02-033 (Order 1845), 16-400-100, filed 12/31/84, effective 2/1/85; Order 1377, 16-400-100, filed 9/12/74; Order 1355, 16-400-100, filed 5/14/74, effective 7/1/74; Order 1317, 16-400-100, filed 5/30/73; Order 1121, 16-400-100, filed 6/30/69, effective 8/1/69; Emergency Order 1120, 16-400-100, filed 6/30/69; Emergency Order 1065 and Order 1066, Regulation 3, filed 9/15/67; Order 1066, effective 10/16/67; Order 1052, Regulation 3, filed 5/12/67; Order 989, Regulation 3, filed 8/3/65; Emergency Order 988, effective 8/3/65; Order 928, filed 7/8/63; Order 783, effective 3/1/59.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 98-10-083, filed 5/5/98, effective 6/5/98)

WAC 16-400-210   Other charges.   Other miscellaneous charges are listed below:

(1) Charges for platform inspection shall be:

(a) Platform inspections, time taking samples, extra time, phytosanitary and/or quarantine inspection, and all other services, shall be charged at the hourly rate of ((twenty-two)) twenty-three dollars and ((twenty-five)) sixty-six cents beginning June 30, ((1998)) 2001, and ((twenty-three)) twenty-four dollars and thirty cents beginning July 1, ((1998)) 2001.

(b) Time allowance - Where a platform inspector is working full time at one house and also doing certification inspection, the inspector shall allow credit for the time according to limits outlined in the schedule for such certification at the hourly rate of ((twenty-two)) twenty-three dollars and ((twenty-five)) sixty-six cents beginning June 30, ((1998)) 2001, and ((twenty-three)) twenty-four dollars and thirty cents beginning July 1, ((1998)) 2001.

Should the certificate charges divided by the respective hourly rates equal or exceed the number of hours worked, no platform charge shall be assessed. Should the certificate charges divided by the respective hourly rates be less than the number of hours worked, the platform charge shall be made to bring the total to the appropriate charge.

(2) Fumigation charges -- The minimum charge for supervision of fumigation shall be eighteen dollars. Additional or unnecessary stand-by time shall be charged as specified in subsection (1)(a) of this section. In temporary, nonpermanent facilities or those lacking adequate devices for maintenance of acceptable treatment temperatures, no fumigations shall be started after 3:00 p.m. from October 1 to May 31, nor after 10:00 p.m. from June 1 to September 30.

(3) Field or orchard inspections made at the applicant's request for determination of presence or absence of disease or insect infestation, or for other reason, shall be at the rate of two dollars fifty cents per acre or fraction thereof or at the rate specified in subsection (1)(a) of this section except as otherwise provided in subsection (13) of this section.

(4) Seed sampling fees shall be arranged with the plant services division for services performed.

(5) Extra charges on services provided shall be assessed according to provisions listed below.

(a) The minimum inspection charge for each commodity and requested form shall be at the rate specified in subsection (1)(a) of this section.

(b) If, through no fault of the inspection service, time over the maximum allowance as supported by unit rates for each commodity and requested form is required, such excess time shall be at the rate as specified in subsection (1)(a) of this section.

(c) For all inspection services performed beyond a regularly scheduled eight-hour week day shift or on Saturdays, or Sundays, or state legal holidays, an hourly charge shall be made equivalent to ((thirty)) thirty-two dollars and fifteen cents beginning June 30, ((1998)) 2001, and ((thirty-one)) thirty-three dollars and ((twenty-five)) five cents beginning July 1, ((1998)) 2001.

These charges shall be made for actual hours spent in performance of duties. This shall include unit charges, plus, if necessary, overtime charges to equal the respective overtime hourly rates.

The following are state legal holidays: New Year's Day, Veteran's Day, Memorial Day (the last Monday of May), Independence Day, Labor Day (the first Monday in September), Thanksgiving Day (the fourth Thursday in November) and the day following Thanksgiving Day, Christmas Day, Martin Luther King, Jr. Day (third Monday in January), and President's Day (third Monday in February).

(d) When the per unit charge for inspection in any one day equals or exceeds the basic hourly and/or overtime charge, no additional hourly or overtime charges shall be assessed.

(6) Mileage -- Whenever necessary, mileage shall be charged at the rate established by the state office of financial management.

(7) Electronic transmission of documents -- Telegrams, facsimile, or electronic transmission of inspection documents shall be charged at the rate of four dollars per transmission in addition to Western Union charges made directly to the applicant.

(8) Services provided to other agencies -- Services provided to other agencies, commissions, and organizations shall be charged at the rate specified in subsection (1)(a) of this section.

(9) Timely payment -- Payment of fees and charges is due within thirty days after date of statement, provided:

(a) If payment is not received within thirty days, service may be withheld until the delinquent account is paid; or

(b) In the case of such delinquent accounts, cash payment for subsequent service may be required; and

(c) A penalty of eighteen percent per annum shall be assessed on the delinquent account balance.

(10) USDA positive lot identification -- Certification utilizing positive lot identification shall be charged at the rates specified in this section and WAC 16-400-010, 16-400-040, and 16-400-100. An additional charge of ten percent may be added when an inspector is required to be on-site when no other inspections are requested. Service will be provided first in those instances in which positive lot identification is a mandatory condition of the sales transaction. Other requests for positive lot identification will be serviced upon adequate notification to the inspection service and availability of inspection personnel.

(11) Controlled atmosphere license fee -- The application for an annual license to engage in the business of operating a controlled atmosphere storage warehouse or warehouses shall be accompanied by an annual license fee of five dollars per room, with a minimum fee established at twenty-five dollars for five rooms or less.

(12) Inspection fees may be waived on inspections of fruits and vegetables when donated to bona fide nonprofit organizations: Provided, That shipping containers shall be conspicuously labeled or marked as "not for resale."

(13) For apple pest certification by survey method; $.0075 per cwt. Or fraction thereof on all fresh apples produced in the state of Washington or marketed under Washington state grades and standards.

[Statutory Authority: Chapter 15.17 RCW. 98-10-083, 16-400-210, filed 5/5/98, effective 6/5/98; 96-10-060 (Order 5095), 16-400-210, filed 4/30/96, effective 5/31/96. Statutory Authority: Chapters 15.17 and 17.24 RCW. 94-16-060, (Order 5054), 16-400-210, filed 7/28/94, effective 8/28/94; 93-07-105 (Order 4019), 16-400-210, filed 3/23/93, effective 4/23/93; 92-06-022, 16-400-210, filed 2/25/92, effective 3/27/92. Statutory Authority: Chapter 15.17 RCW. 90-09-031 (Order 2031), 16-400-210, filed 4/11/90, effective 5/12/90; 89-08-040 (Order 2001), 16-400-210, filed 3/31/89; 86-08-081 (Order 1884), 16-400-210, filed 4/2/86; 85-02-033 (Order 1845), 16-400-210, filed 12/31/84, effective 2/1/85. Statutory Authority: RCW 15.17.150. 78-06-025 (Order 1578), 16-400-210, filed 5/17/78; Order 1377, 16-400-210, filed 9/12/74; Order 1355, 16-400-210, filed 5/14/74, effective 7/1/74; Order 1317, 16-400-210, filed 5/30/73; Order 1121, 16-400-210, filed 6/30/69, effective 8/1/69; Emergency Order 1120, 16-400-210, filed 6/30/69; Emergency Order 1065 and Order 1066, Regulation 9, filed 9/15/67; Order 1066, effective 10/16/67; Order 1052, Regulation 9, filed 5/12/67; Order 989, Regulation 9, filed 8/3/65; Emergency Order 988, effective 8/3/65; Order 928, filed 7/8/63; Order 783, effective 3/1/59.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office