PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-03-140.
Title of Rule: Certification of strawberry planting stock, chapter 16-328 WAC.
Purpose: To amend fee schedule sections to reflect fiscal growth factors for fiscal year 2001 and fiscal year 2002, and to change an application date for operational clarification.
Statutory Authority for Adoption: Chapter 15.14 RCW.
Statute Being Implemented: Chapter 15.14 RCW.
Summary: The revision of chapter 16-328 WAC will increase application and hourly inspection fees to correspond to the fiscal growth factors for fiscal year 2001 and fiscal year 2002. The increases will occur in two stages, with one increase of a maximum of 2.87% effective June 30, 2001, and the second increase of a maximum of 2.79% effective July 1, 2001.
Reasons Supporting Proposal: Current fees are inadequate to cover costs of strawberry plant certification, and it is necessary to raise fees within the fiscal growth factors of both fiscal year 2001 and fiscal year 2002. An application date is changed for operational clarity.
Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, 2nd Floor, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Thomas Wessels, 1111 Washington Street, 2nd Floor, Olympia, WA 98504-2560, (360) 902-1984.
Name of Proponent: Washington State Department of Agriculture, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: One grower currently enrolls in the Washington strawberry planting stock certification program, which is created by these rules. Participation in the production of certified planting stock is entirely voluntary for any producer of strawberry plants. Enrollment and compliance with the requirements of this fee-for-service program are intended to produce a known, high quality agriculture product apparently free of specified diseases and other pests, that normally commands a market premium.
Proposal Changes the Following Existing Rules: Chapter 16-328 WAC establishes the fee schedule for strawberry plant certification. The proposed changes increase both application and hourly fees for the program by a maximum of the fiscal growth factor for FY 01, to become effective June 30, 2001, and another increase in fees by a maximum of the fiscal growth factor for FY 02, to become effective July 1, 2001. To clarify operational detail, the annual application date was changed from June 30 to June 15. The effect of the date change is to delay implementation of the fee increases until the 2002 growing season.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Analysis of the economic effects of the proposed rule changes demonstrates that: (1) The changes will affect much less than 10% of the businesses in the relevant SIC and (2) the cost of the changes for any grower is likely to be minor.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.
Hearing Location: Washington State Department of Agriculture, Natural Resources Building, 1111 Washington Street, 2nd Floor, Conference Room 271, Olympia, WA 98504-2560, on April 26, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Lou Jones by April 18, 2001, TDD (360) 902-1996, or (360) 902-1806.
Submit Written Comments to: Mary Toohey, Assistant Director, Laboratory Services Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, e-mail mtoohey@agr.wa.gov, phone (360) 902-1907, fax (360) 902-2094, by April 26, 2001.
Date of Intended Adoption: May 8, 2001.
March 21, 2001
Mary A. Martin Toohey
Assistant Director
OTS-4685.1
AMENDATORY SECTION(Amending WSR 00-19-034, filed 9/12/00,
effective 10/13/00)
WAC 16-328-010
Strawberry plant certification fees.
Effective June 30, 2001, strawberry plant certification fees are
as follows:
(1) Certification application fee. The applicant must
furnish all information requested on the application for
inspection, including, but not limited to, the crop, variety,
class planted, date planted, source of seed or plants, acreage,
field number, applicant's name and address, applicant's
signature, and date of application. The applicant must allow the
department to take plants or plant parts from any planting for
inspection or testing purposes. A separate application is
required for each cultivar and/or lot entered for certification. Applications for inspection must be filed with the Plant Services
Program, P.O. Box 42560, Olympia, Washington, 98504-2560 by June
((30)) 15 of each year and be accompanied by a ((one hundred
twenty-five dollar)) $128.22 fee.
(2) Inspection fees. The inspection fee is ((twenty-five
dollars)) $25.70 per hour plus mileage charged at a rate
established by the state office of financial management. Inspection and testing fees are payable upon completion of work. Billing may be arranged subject to department policies and
processes.
(3) The department will remove any applicant from the certification program for failing to pay fees when due.
(4) The department will not accept applications from growers owing the department for previous fees.
[Statutory Authority: Chapter 15.14 RCW. 00-19-034, 16-328-010, filed 9/12/00, effective 10/13/00; 92-15-114 (Order 3005), 16-328-010, filed 7/21/92, effective 8/21/92; 87-13-016 (Order 1932), 16-328-010, filed 6/9/87; Order 1216, 16-328-010, filed 10/18/71; effective 11/18/71, Order 925, Regulation 1, filed 6/25/63; Order 625, Regulation 1, effective 4/29/52.]
(1) Certification application fee. The applicant must furnish all information requested on the application for inspection, including, but not limited to, the crop, variety, class planted, date planted, source of seed or plants, acreage, field number, applicant's name and address, applicant's signature, and date of application. The applicant must allow the department to take plants or plant parts from any planting for inspection or testing purposes. A separate application is required for each cultivar and/or lot entered for certification. Applications for inspection must be filed with the Plant Services Program, P.O. Box 42560, Olympia, Washington, 98504-2560 by June 15 of each year and be accompanied by a $132.00 fee.
(2) Inspection fees. The inspection fee is $26.40 per hour plus mileage charged at a rate established by the state office of financial management. Inspection and testing fees are payable upon completion of work. Billing may be arranged subject to department policies and processes.
(3) The department will remove any applicant from the certification program for failing to pay fees when due.
(4) The department will not accept applications from growers owing the department for previous fees.
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