PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-04-092.
Title of Rule: Chapter 16-238 WAC, WSDA grain inspection program -- Fee schedule.
Purpose: Reinstate grain inspection program rules and fees for inspection services. Adjust the WSDA grain inspection program fee schedule to reflect increases in hourly fees, targeted unit fees, and targeted export tonnage fees for grain and commodity inspection services.
Statutory Authority for Adoption: RCW 22.09.790.
Statute Being Implemented: Chapter 22.09 RCW.
Summary: Reinstate grain inspection program rules and fees for inspection services. Due to a clerical error, the fees for the grain inspection program were repealed. RCW 22.09.790 requires the department to recover costs for inspection, weighing, and grading of grain. Fees cannot be changed or deleted without federal approval. The fee schedule established fees for services performed by the department for testing, grading, weighing, and inspecting grain, pulses, and similar commodities.
Adjust the WSDA grain inspection program fee schedule to reflect increases in hourly fees, targeted unit fees, and targeted export tonnage fees for grain and commodity inspection services. Changes have been made in the language and format of the fee schedule to improve clarity.
Reasons Supporting Proposal: The fee increase is necessary to offset equipment upgrades necessary under United States Department of Agriculture requirements and to maintain operating reserves appropriate for a fee for service program.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Randall R. Deike, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1921.
Name of Proponent: Grain Inspection Advisory Committee, public.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The proposed fee increases are within the allowable fiscal growth factor ranges established by Initiative 601.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 16-238 WAC, The WSDA grain inspection program -- Fee schedule, establishes user fees assessed for services provided to applicants. Equipment upgrades will be necessary by May 2003 to allow the Washington State Department of Agriculture to continue to be designated and delegated as an official grain inspection service provider by the United States Department of Agriculture. The WSDA grain inspection program is entirely fee supported and revenue generated through the assessment of fees must be adequate to support the program's operation.
Proposal Changes the Following Existing Rules: The proposal incorporates the allowable growth rate or a portion thereof for fiscal year 2001, effective June 30, 2001, and for fiscal year 2002, effective July 1, 2001, to selected hourly, unit, and tonnage fees assessed for services provided by the WSDA grain inspection program under the appropriate sections of chapter 16-238 WAC.
The proposal adds the definitions of the acronyms for the United States Department of Agriculture and the Grain Inspection, Packers and Stockyards Administration, Federal Grain Inspection Service to WAC 16-238-010.
The proposal adds the requirement that the applicant provide a full definition of the requested official commercial inspection services.
The proposal adds, as subsection (1)(c)(i)-(iv), a declining export tonnage rate scale to WAC 16-238-060.
The proposal deletes WAC 16-238-080 Miscellaneous fees, and incorporates those fees into WAC 16-238-060, 16-238-070, and 16-238-082 as appropriate.
The proposal adds the wording to WAC 16-238-060, 16-238-070, and 16-238-082 that incorporates the requirement that new or special analysis requests may require the applicant to provide supplies and/or equipment.
Other changes in the WSDA grain inspection program -- Fee schedule are made to improve clarity and readability and do not reflect changes in existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. An analysis completed by the Department of Agriculture determined that small businesses are not disproportionately impacted by the fee increase proposal under chapter 16-238 WAC and that a small business economic impact statement is not required.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Washington State Department of Agriculture is not a named agency in RCW 34.05.328.
Hearing Location: Washington State Department of Agriculture, Natural Resources Building, Conference Room 205, 1111 Washington Street, Olympia, WA 98504-2560, on May 22, 2001, at 1:00 p.m.
Assistance for Persons with Disabilities: Contact Jodi Jones by May 21, 2001, TDD (360) 902-1976, or (360) 902-1996.
Submit Written Comments to: Dannie McQueen, Hearing Officer, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2085, by May 22, 2001, 5:00 p.m.
Date of Intended Adoption: May 25, 2001.
April 17, 2001
Robert W. Gore
Assistant Director
OTS-4690.3
Chapter 16-238
WSDA Grain Inspection Program -- Fee Schedule
NEW SECTION
WAC 16-238-010
Definitions.
(1) "Department" means the
Washington state department of agriculture.
(2) "Ton" means two thousand pounds avoirdupois.
(3) "Overtime" means any time worked on Saturdays, Sundays, or holidays and all time worked before or after the regularly scheduled working hours, Monday through Friday.
(4) "Fees" means any charge made by the department for inspection and handling of any commodity or for services related to weighing or storage of grains or commodities.
(5) "Occasional work stoppage" means the union stop work meetings usually held once per month.
(6) "USDA" means the United States Department of Agriculture.
(7) "GIPSA/FGIS" means the Grain Inspection, Packers and Stockyards Administration, Federal Grain Inspection Service.
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$27.09, effective June 30, 2001; $27.84, effective July 1, 2001.
The straight time fee will be assessed where no other fee, guarantee of expenses or contractual agreement exists or is specified in the schedule of fees or in any situation where the fees generated through the service provided are not equivalent to the straight time fee, per hour, per employee, including applicable supervisory and clerical hours.
(2) GIPSA/FGIS scale authorization fee, per hour, per employee . . . . . . . . . . . . $34.87.
$35.87, effective June 30, 2001; $36.87, effective July 1, 2001.
The GIPSA/FGIS scale authorization fee, per hour, per employee will be assessed when GIPSA/FGIS scale authorization services are requested or required. Travel time, mileage, per diem, overtime, late notice, call-back, standby and service cancellation fees may be assessed in addition to the hourly fee.
(3) Overtime and night shift rate per hour, per
employee . . . . . . . . . . . . $6.87.
$7.06, effective June 30, 2001; $7.25, effective July 1, 2001.
When a service is requested before or after regularly scheduled working hours, Monday through Friday, during established meal periods on any shift, or anytime on Saturdays, Sundays or holidays, the overtime and night shift rate per hour, per employee, including applicable supervisory and clerical hours, shall be charged in addition to the regular inspection and weighing fees. When an applicant contracts for a permanent night shift(s), the overtime and night shift fee for the night shift(s) will be waived after the initial seven-day notice period expires.
(4) Late notice fee, per hour, per employee . . . . . . . . . . . . $4.57.
$4.70, effective June 30, 2001; $4.83, effective July 1, 2001.
Requests for service on Saturdays, Sundays, or holidays, or for work before or after regularly scheduled working hours, Monday through Friday, must be received by the inspection office no later than 2:00 p.m. of the last regularly scheduled working day prior to the requested service. When the request is not received by 2:00 p.m., service will be provided if personnel are available. The late notice fee will be assessed, per hour, per employee, for the hours of the requested service that the department is able to staff.
| Note: | Service requests that are beyond the normal scope or volume requested at an inspection site must be received by the inspection office no later than 2:00 p.m. of the last regularly scheduled working day prior to the requested date of service. The requested service will be provided if the department is able to locate adequate staff. |
$23.58, effective June 30, 2001; $24.22, effective July 1, 2001.
(a) When requests for service are received after the close of business on a regular scheduled working day and the department can locate adequate staff to provide the requested service, a call-back fee will be assessed for each employee scheduled for that shift or service request.
(b) One call-back fee per employee will be assessed for each employee scheduled on a shift on a Saturday, Sunday, or holiday.
(6) Shift request fee, per hour, per employee . . . . . . . . . . . . $6.87.
$7.06, effective June 30, 2001; $7.25, effective July 1, 2001.
Requests for establishing a night shift or graveyard shift must be provided in writing. The requested shift(s) will commence seven days after the written request is presented. If the night shift or graveyard shift begins before the seven-day notice period has expired, the shift request fee will be assessed per hour, per employee assigned to the new shift(s) until the seven-day notice period expires.
Locations that are not routinely staffed, due to inconsistent workloads that are inadequate to allow the department to maintain full-time staffing, will be subject to the shift request fee for day shifts in addition to night shifts or graveyard shifts.
At locations where staffing has been reduced, due to a lack of work, below the full-time permanent day shift numbers, and an applicant requests a day shift that will begin before the seven-day notice period has expired, the shift request fee will be assessed, per hour, per employee, until the seven-day notice period has expired for the personnel above the current permanent staff number that are necessary to staff the requested day shift work.
(7) Shift cancellation fee, per hour, per
employee . . . . . . . . . . . . $6.87.
$7.06, effective June 30, 2001; $7.25, effective July 1, 2001.
Requests for cancellation of an applicant requested night shift or graveyard shift must be provided, in writing, at least twenty-one days prior to the cessation date. If the applicant does not provide the full twenty-one day notice, the shift cancellation fee will be assessed for all hours that the assigned staff would have worked until the twenty-one day notice period expires.
Locations that are not routinely staffed, due to inconsistent schedules, or at locations that are inadequately staffed due to a lack of work, will be assessed the shift cancellation fee for all shifts where the full twenty-one day cancellation notice period is not provided.
(8) Standby fee, four-hour minimum, per hour, per
employee . . . . . . . . . . . . $28.77.
$27.09, effective June 30, 2001; $27.84, effective July 1, 2001.
When a service is requested before or after the inspection office's established standard workday, Monday through Friday or anytime on Saturdays, Sundays, or holidays, and the service cannot be performed through no fault of the department, the four-hour minimum standby fee will be assessed, per employee; except as follows.
When service is requested at locations that are not routinely staffed on a Monday through Friday basis, due to inconsistent work schedules or a lack of work, and the department is able to staff appropriate personnel to accommodate the service requested by the applicant, and the requested service cannot be performed through no fault of the department, the four-hour minimum standby fee will be assessed, per employee.
When service is requested that commences within two hours of the regular starting time of a shift or ends within two hours of the regular ending time of a shift, and the service cannot be performed through no fault of the department, the standby fee will be assessed on a per hour, per employee basis.
The standby fee will be assessed, per hour, per employee, for all hours over the four-hour minimum that continue to be staffed at the request of the applicant.
(9) Service cancellation fee, per employee . . . . . . . . . . . . $115.08.
$108.36, effective June 30, 2001; $111.36, effective July 1, 2001.
When a service is requested before or after working hours, Monday through Friday or anytime on a Saturday, Sunday or holiday, and a cancellation of the request is not received by 2:00 p.m. of the last regularly scheduled working day prior to the requested service, the service cancellation fee will be assessed, per employee.
When service is requested at locations that are not routinely staffed on a Monday through Friday basis, due to inconsistent schedules or at locations that are inadequately staffed due to a lack of work, and a cancellation of the request is not received by 2:00 p.m. of the inspection office's last regularly scheduled working day prior to the requested service, the service cancellation fee will be assessed, per employee.
(10) Guarantee of expense. When a service is requested that requires assignment of personnel at a facility where the volume of work at the established fees is not adequate to pay the cost of providing the service, a guarantee of the expense of providing the service is required.
(11) Guaranteed staffing levels. An applicant may enter into an agreement with the department at guaranteed staffing levels and negotiated minimum hours and unit fees, provided the department has adequate trained personnel to accommodate the request.
(12) Revenue insufficiency - export locations. When the lot size or workload is not of sufficient size to generate revenue equivalent to the straight time fee, per hour, per employee, an additional fee shall be assessed so that total revenue generated on a daily basis is equal to the straight time fee, per hour, per employee: Provided, That such revenue insufficiency may be established on the basis of the average hourly revenue generated at the work site over the Monday through Sunday work week (weekly averaging), upon written request of the applicant for service. In the absence of such request, fees shall be assessed on a daily basis.
| Note: | The weekly averaging computation utilizes the prior week's invoices representing shiplots completed before the start of business on Monday and does not include fees assessed for GIPSA/FGIS scale authorization, overtime, late notice, call-back, standby, shift request, or shift cancellation. |
(a) Appropriate space, equipment and security can be provided by the applicant;
(b) The applicant provides a full definition of the requested services;
(c) The program is able to provide appropriate licensed personnel to accomplish the defined, requested service; and
(d) A guarantee of expense can be negotiated.
| Note: | The applicant must fully define the requested services so the department can determine appropriate staffing levels and create a guarantee of expense proposal. |
(a) Travel time from the established inspection point to the service location and return, at the appropriate fee(s) cited in WAC 16-238-030, per employee; and
(b) Mileage from the established inspection point to the service location and return, at the state of Washington's current general administration private vehicle mileage reimbursement rate.
(c) In addition, if the travel is of sufficient duration, an amount equal to the established state of Washington per diem rates provided to the employee(s) in travel status will be assessed to the applicant.
(15) Timely payment. Payment of fees and charges is due within thirty days after the date of the statement.
(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 twelve percent per annum shall be assessed on the delinquent account balance.
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(a) From barges or waterborne vessel to elevator, per
ton . . . . . . . . . . . . $0.128.
(b) Bin transfers, per ton . . . . . . . . . . . . $0.128.
(c) From elevator to ocean-going vessel:
(i) First 3,000,000 short tons per fiscal year, per
ton . . . . . . . . . . . . $0.128.
$0.131 effective June 30, 2001; $0.134, effective July 1, 2001.
(ii) From 3,000,001 to 5,000,000 short tons per fiscal year, per ton . . . . . . . . . . . . $0.131.
(iii) From 5,000,001 to 6,500,000 short tons per fiscal year, per ton . . . . . . . . . . . . $0.128.
(iv) Over 6,500,000 short tons per fiscal year, per
ton . . . . . . . . . . . . $0.120.
| Note: | The tonnage assessment is applied in full lot increments and is reset at the beginning of each fiscal year. The fiscal year begins July 1 and ends the following June 30. |
(2) Fees for official sampling and inspection, without weighing; or sampling only without weighing, of:
(a) Carlots sampled by USDA approved diverter-type mechanical samplers, per car . . . . . . . . . . . . $15.50.
$15.94, effective June 30, 2001; $16.00, effective July 1, 2001.
| Note: | The per car fee will be assessed for each carlot included in a batch when an applicant requests batch grading of railcars sampled by diverter-type mechanical sampler. |
$24.68, effective June 30, 2001; $25.00, effective July 1, 2001.
(c) Trucklots, sampled by approved grain trier, original or new sample reinspections, per truck . . . . . . . . . . . . $15.00.
$15.43, effective June 30, 2001; $15.80, effective July 1, 2001.
(d) Reinspections, based on official file sample, per sample, except Canola . . . . . . . . . . . . $9.00.
$9.25, effective June 30, 2001; $9.50, effective July 1, 2001.
| Note: | Canola reinspections are provided on an hourly fee basis. |
$0.066, effective June 30, 2001; $0.067, effective July 1, 2001.
| Note: | Factor-only reinspections available at the established reinspection fee, contingent on GIPSA/FGIS approval of the factor-only reinspection service option. |
(3) Fees for official Class X weighing service; without inspection:
(a) From elevator to conveyance, except trucks, per
ton . . . . . . . . . . . . $0.107.
$0.110, effective June 30, 2001; $0.112, effective July 1, 2001.
(b) From conveyance to elevator, except trucks, per
ton . . . . . . . . . . . . $0.107.
$0.110, effective June 30, 2001; $0.112, effective July 1, 2001.
(c) Bin transfers, per ton . . . . . . . . . . . . $0.107.
$0.110, effective June 30, 2001; $0.112, effective July 1, 2001.
(d) Trucks, per weight lot . . . . . . . . . . . . $7.50.
$7.71, effective June 30, 2001; $7.92, effective July 1, 2001.
(4) Fees for other official weighing services:
(a) Class Y weighing services, per hour, per
employee . . . . . . . . . . . . $26.34.
$27.09, effective June 30, 2001; $27.84, effective July 1, 2001.
(b) Checkweighing of bagged grain, per hour, per
employee . . . . . . . . . . . . $26.34.
$27.09, effective June 30, 2001; $27.84, effective July 1, 2001.
(5) Fees for inspection of submitted samples:
(a) Analysis under the United States Grain Standards Act, except Canola, per inspection . . . . . . . . . . . . $7.75.
$7.97, effective June 30, 2001; $8.00, effective July 1, 2001.
| Note: | Submitted sample certificates of grade for barley may show, on request, dockage to the nearest one-tenth percent without additional charge. |
$14.60, effective June 30, 2001; $15.00, effective July 1, 2001.
| Note: | Fees for laboratory determination of erucic acid, and/or glucosinolate, and/or oil content of Canola are equivalent to the USDA published fees. |
$9.25, effective June 30, 2001; $9.50, effective July 1, 2001.
| Note: | Canola reinspections are provided as an hourly fee service. |
| Note: | When submitted samples are not of sufficient size to allow for official grade analysis, obtainable factors may be provided, upon request of the applicant, at the factor-only rate shown in subsection (6) of this section. |
(a) Nongrade determining factors requested by applicant, in addition to the original inspection grade results, per
factor . . . . . . . . . . . . $2.50.
$2.57, effective June 30, 2001; $2.60, effective July 1, 2001.
(b) Nongrade determining factors requested in shiploading sublot analysis, per factor . . . . . . . . . . . . $2.50.
$2.57, effective June 30, 2001; $2.60, effective July 1, 2001.
(c) Factor only determinations, per factor . . . . . . . . . . . . $2.50.
$2.57, effective June 30, 2001; $2.60, effective July 1, 2001.
| Note: | A maximum of three factors will be available at the factor-only fee. Applicants requesting more than three factors will be assessed the appropriate submitted sample rate shown in subsection (5) of this section. |
(a) In conjunction with official inspection for grade, per test . . . . . . . . . . . . $6.25.
$6.42, effective June 30, 2001; $6.50, effective July 1, 2001.
(b) Not in conjunction with official inspection for grade, per test . . . . . . . . . . . . $8.50.
$8.74, effective June 30, 2001; $8.80, effective July 1, 2001.
(c) Reinspection based on official file sample, per
test . . . . . . . . . . . . $8.50.
$8.74, effective June 30, 2001; $8.80, effective July 1, 2001.
| Note: | When a reinspection service includes a request for a new sample, the appropriate sampling fee in subsection (2) of this section will be assessed in addition to the fee cited in (c) of this subsection. |
(a) Official sample or new sample reinspection, including official sampling, per test . . . . . . . . . . . . $37.50.
(b) Submitted samples and reinspections based on official file sample, per test . . . . . . . . . . . . $26.34.
$27.09, effective June 30, 2001; $27.84, effective July 1, 2001.
| Note: | Mycotoxin testing services utilizing thin layer chromatography or equivalent USDA approved technology available at the USDA published rate. |
(a) Initial inspection, five hold/stowage space/tank maximum, minimum fee . . . . . . . . . . . . $120.00.
$123.44 effective June 30, 2001; $126.50 effective July 1, 2001.
(b) Initial inspection, above five hold/stowage space/tank maximum, per hold/stowage space/tank . . . . . . . . . . . . $24.00.
$24.68, effective June 30, 2001; $25.30, effective July 1, 2001.
(c) Return to hold/stowage space/tank during inspection service, per hold/stowage space/tank . . . . . . . . . . . . $24.00.
$24.68, effective June 30, 2001; $25.30, effective July 1, 2001.
(d) Subsequent inspections, three hold/stowage space/tank maximum, minimum fee . . . . . . . . . . . . $72.00.
$74.06, effective June 30, 2001; $75.90, effective July 1, 2001.
(e) Subsequent inspection, above three hold/stowage space/tank maximum, per hold/stowage space/tank . . . . . . . . . . . . $24.00.
(f) Travel time, midstream or at a nongrain loading berth, two-hour minimum per inspection request, per hour, per
employee . . . . . . . . . . . . $26.34.
$27.09, effective June 30, 2001; $27.84, effective July 1, 2001.
(g) Stowage examination services requested on a Saturday, Sunday, or holiday, four-hour minimum, per hour, per
employee . . . . . . . . . . . . $26.34.
$27.09, effective June 30, 2001; $27.84, effective July 1, 2001.
| Note: | At anchor stowage examination services will be conducted at the convenience of the designated grain inspection office during daylight hours under safe working and weather conditions. The applicant is responsible for securing licensed tug or water taxi to provide safe transportation to and from the anchor point. Two vessel or ship's agent representatives will accompany each WSDA inspector performing stowage examination services. Appropriate fees contained in WAC 16-238-030 may be assessed in addition to the fees noted in (a) through (f) of this subsection. |
(a) Sea van containers, when not in conjunction with checkloading service, per inspection . . . . . . . . . . . . $8.10.
$8.33, effective June 30, 2001; $8.50, effective July 1, 2001.
(b) Railcars, trucks, or other containers, per railcar, not in conjunction with loading, per inspection . . . . . . . . . . . . $8.10.
$8.33, effective June 30, 2001; $8.50, effective July 1, 2001.
| Note: | Fees for stowage examination service will not be assessed when official sampling and inspection, or official weighing occurs at the time of loading, unless the applicant requests an official stowage examination certificate. The stowage examination requirement associated with service at the time of loading may be waived in accordance with GIPSA/FGIS Directive 9020.1. |
(a) In conjunction with official inspection, per
certificate . . . . . . . . . . . . $6.75.
$6.94, effective June 30, 2001; $7.13, effective July 1, 2001.
| Note: | Hourly fees may be assessed for research necessary to produce the requested certificate. |
$27.09, effective June 30, 2001; $27.84, effective July 1, 2001.
(12) Fees for miscellaneous services:
(a) Waxy corn, per analysis . . . . . . . . . . . . $12.75.
$13.11, effective June 30, 2001; $13.40, effective July 1, 2001.
(b) Ship composite samples, initial set of three provided to applicant.
(c) Ship composite samples, in excess of (b) of this subsection, when requested in advance, per sample . . . . . . . . . . . . $5.25.
$5.40, effective June 30, 2001; $5.50, effective July 1, 2001.
(d) Divided original certificates or letterhead statements, per certificate or letterhead statement . . . . . . . . . . . . $1.50.
$1.54, effective June 30, 2001; $1.58, effective July 1, 2001.
(e) Extra copies of certificates or letterhead statements, per certificate or letterhead statement . . . . . . . . . . . . $3.00.
$3.08, effective June 30, 2001; $3.16, effective July 1, 2001.
(f) Facsimile transmissions, per page . . . . . . . . . . . . $1.00.
$1.02, effective June 30, 2001; $1.04, effective July 1, 2001.
(g) Mailing of samples, at cost, minimum fee . . . . . . . . . . . . $2.00.
$2.05, effective June 30, 2001; $2.11, effective July 1, 2001.
(h) Sample pickup fee, on department established routes, per sample . . . . . . . . . . . . $0.60.
$0.61, effective June 30, 2001; $0.62, effective July 1, 2001.
Other services under the United States Grain Standards Act not specifically identified in WAC 16-239-060 will be provided under the appropriate subsection(s) of WAC 16-238-030 and/or at the published rates of the laboratory or organization providing the official service or analysis. New or special analysis requests may require applicant provided supplies and/or equipment.
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(a) Bulk commodities under federal or state standards,
per ton . . . . . . . . . . . . $0.128.
$0.131, effective June 30, 2001; $0.134, effective July 1, 2001.
(b) Bulk commodities, factor determinations, per
ton . . . . . . . . . . . . $0.128.
$0.131, effective June 30, 2001; $0.134, effective July 1, 2001.
(c) Sample and weigh grain by-products into thirty ton maximum containers, including stowage examination . . . . . . . . . . . . $15.00.
$15.43, effective June 30, 2001; $15.80, effective July 1, 2001.
(2) Fees for official sampling and inspection without weighing; or sampling only without weighing, of:
(a) Bulk carlots, sampled by USDA approved diverter-type mechanical samplers, per car . . . . . . . . . . . . $15.50.
$15.94, effective June 30, 2001; $16.00, effective July 1, 2001.
(b) Bulk carlots, sampled by USDA approved grain trier, per car . . . . . . . . . . . . $24.00.
$24.68, effective June 30, 2001; $25.00, effective July 1, 2001.
(c) Bulk trucklots or containerlots, sampled by USDA approved grain trier, per truck or containerlot . . . . . . . . . . . . $15.00.
$15.43, effective June 30, 2001; $15.80, effective July 1, 2001.
(d) Inspection of bagged commodities, per hundredweight
(cwt) . . . . . . . . . . . . $0.065.
$0.066, effective June 30, 2001; $0.067, effective July 1, 2001.
| Note: | A minimum fee equivalent to the hourly fee cited in WAC 16-238-020 is assessed for bagged and bulk commodity sampling and inspection, or sampling only services. |
(a) From elevator to conveyance, except trucks, per
ton . . . . . . . . . . . . $0.107.
$0.110, effective June 30, 2001; $0.112, effective July 1, 2001.
(b) From conveyance to elevator, except trucks, per
ton . . . . . . . . . . . . $0.107.
$0.110, effective June 30, 2001; $0.112, effective July 1, 2001.
(c) Bin transfers, per ton . . . . . . . . . . . . $0.107.
$0.110, effective June 30, 2001; $0.112, effective July 1, 2001.
(d) Trucks, per weight lot . . . . . . . . . . . . $7.50.
$7.71, effective June 30, 2001; $7.92, effective July 1, 2001.
(4) Fees for other official weighing services:
(a) Checkweighing of bagged commodities, per hour, per employee . . . . . . . . . . . . $26.34.
$27.09, effective June 30, 2001; $27.84, effective July 1, 2001.
(5) Fees for inspection of submitted samples:
(a) Standardized commodities, thresher run or processed, per sample . . . . . . . . . . . . $14.20.
$14.60, effective June 30, 2001; $15.00, effective July 1, 2001.
(b) Commodities inspected under GIPSA/FGIS factor-only inspection procedures, per sample . . . . . . . . . . . . $14.20.
$14.60, effective June 30, 2001; $15.00, effective July 1, 2001.
| Note: | Fees for laboratory determinations of commodity constituents are assessed at the USDA published rate or at cost from the service provider. |
(a) Nongrade determining factors requested by applicant, in addition to the original inspection results, except moisture, per factor . . . . . . . . . . . . $2.50.
$2.57, effective June 30, 2001; $2.60, effective July 1, 2001.
(b) Moisture only, per determination . . . . . . . . . . . . $5.25.
$5.40, effective June 30, 2001; $5.50, effective July 1, 2001.
(c) Nongrade determining factors requested in shiploading sublot analysis, per factor . . . . . . . . . . . . $2.50.
$2.57, effective June 30, 2001; $2.60, effective July 1, 2001.
(d) Factor-only determinations, first two
factors . . . . . . . . . . . . $3.00.
$3.08, effective June 30, 2001; $3.16, effective July 1, 2001.
| Note: | Additional factors available at the per factor fee in (a) of this subsection. Applicants requesting more than five factors will be assessed the submitted sample rate in subsection (5) (a) of this section for the requested factors. When submitted samples are not of sufficient size to allow for official grade analysis, factor-only analysis will be available, on request of the applicant. |
(a) Official samples and new sample reinspections, including official sampling, per test . . . . . . . . . . . . $37.50.
(b) Submitted samples and reinspections based on official file sample, per test . . . . . . . . . . . . $26.34.
$27.09, effective June 30, 2001; $27.84, effective July 1, 2001.
| Note: | Mycotoxin testing services utilizing thin layer chromatography or equivalent USDA approved technology will be available at the USDA published rate. |
(a) Initial inspection, five hold/stowage space/tank maximum, minimum fee . . . . . . . . . . . . $120.00.
$123.44, effective June 30, 2001; $126.50, effective July 1, 2001.
(b) Initial inspection, above five hold/stowage space/tank maximum, per hold/stowage space/tank . . . . . . . . . . . . $24.00.
$24.68, effective June 30, 2001; $25.30, effective July 1, 2001.
(c) Return to hold/stowage space/tank during inspection service, per hold/stowage space/tank . . . . . . . . . . . . $24.00.
$24.68, effective June 30, 2001; $25.30, effective July 1, 2001.
(d) Subsequent inspection, three hold/stowage space/tank maximum, minimum fee . . . . . . . . . . . . $72.00.
$74.06, effective June 30, 2001; $75.90, effective July 1, 2001.
(e) Subsequent inspection, above three hold/stowage space/tank maximum, per hold/stowage space/tank . . . . . . . . . . . . $24.00.
(f) Travel time, midstream or at a nongrain loading berth, two-hour minimum per inspection request, per hour, per
employee . . . . . . . . . . . . $26.34.
$27.09, effective June 30, 2001; $27.84, effective July 1, 2001.
(g) Stowage examination services provided on a Saturday, Sunday, or holiday, four-hour minimum, per hour, per
employee . . . . . . . . . . . . $26.34.
$27.09, effective June 30, 2001; $27.84, effective July 1, 2001.
| Note: | At anchor stowage examination services will be conducted at the convenience of the designated grain inspection office during daylight hours under safe working and weather conditions. The applicant is responsible for securing licensed tug or water taxi to provide safe transportation to and from the anchor point. Two vessel or ship's agent representatives will accompany each WSDA inspector performing stowage examination services. Appropriate fees contained in WAC 16-238-030 may be assessed in addition to the fees noted in (a) through (f) of this subsection. |
(a) Sea van containers, when not in conjunction with checkloading service, per inspection . . . . . . . . . . . . $8.10.
$8.33, effective June 30, 2001; $8.50, effective July 1, 2001.
(b) Railcars, trucks, or other containers, per railcar, truck or other container . . . . . . . . . . . . $8.10.
$8.33, effective June 30, 2001; $8.50, effective July 1, 2001.
(10) Fees for phytosanitary certification:
(a) In conjunction with official inspection, per
certificate . . . . . . . . . . . . $6.75.
$6.94, effective June 30, 2001; $7.13, effective July 1, 2001.
| Note: | Hourly fees may be assessed for research necessary to produce the requested certificate. |
$27.09, effective June 30, 2001; $27.84, effective July 1, 2001.
(11) Fees for miscellaneous services:
(a) Falling numbers determinations, per
determination . . . . . . . . . . . . $12.75.
$13.11, effective June 30, 2001; $13.40, effective July 1, 2001.
(b) Liquefaction number, per determination . . . . . . . . . . . . $0.50.
$0.51, effective June 30, 2001; $0.52, effective July 1, 2001.
(c) Divided original certificates or letterheads, per certificate or letterhead . . . . . . . . . . . . $1.50.
$1.54, effective June 30, 2001; $1.58, effective July 1, 2001.
(d) Extra copies of certificates or letterheads, per certificate or letterhead . . . . . . . . . . . . $3.00.
$3.08, effective June 30, 2001; $3.16, effective July 1, 2001.
(e) Sanitation inspections at commodity processing sites, initial inspection . . . . . . . . . . . . no charge.
(f) Sanitation inspections, return to failed facility, four-hour minimum, per hour, per employee . . . . . . . . . . . . $26.34.
$27.09, effective June 30, 2001; $27.84, effective July 1, 2001.
(g) Sampling of processed commodities, two-hour minimum, per hour, per employee . . . . . . . . . . . . $26.34.
$27.09, effective June 30, 2001; $27.84, effective July 1, 2001.
| Note: | Laboratory fees associated with processed commodity lots will be assessed per the GIPSA/FGIS rates. Postage and other costs for sample delivery to the appropriate analyzing laboratory will be assessed to the applicant for service. |
$1.02, effective June 30, 2001; $1.04, effective July 1, 2001.
(i) Mailing of samples, at cost, minimum fee . . . . . . . . . . . . $2.00.
$2.05, effective June 30, 2001; $2.11, effective July 1, 2001.
(j) Sample pickup fee, on department established routes, per sample . . . . . . . . . . . . $0.60.
$0.61, effective June 30, 2001; $0.62, effective July 1, 2001.
Other services under the Agricultural Marketing Act of 1946 not specifically identified in WAC 16-238-070 will be provided under the appropriate subsection(s) of WAC 16-238-030, and/or at the published rates of the laboratory or organization providing the official service or analysis. New or special analysis requests may require applicant-provided supplies and/or equipment.
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(a) Submitted sample inspection, cultivated buckwheat, Washington state grade or for factor-only analysis, per
sample . . . . . . . . . . . . $7.50.
$7.71, effective June 30, 2001; $7.92, effective July 1, 2001.
(b) Bulk carlots, cultivated buckwheat, sampled by USDA approved diverter-type mechanical samplers, per
car . . . . . . . . . . . . $15.50.
$15.94, effective June 30, 2001; $16.00, effective July 1, 2001.
(c) Bulk carlots, cultivated buckwheat, sampled by USDA approved grain trier, per car . . . . . . . . . . . . $24.00.
$24.68, effective June 30, 2001; $25.00, effective July 1, 2001.
(d) Bulk trucklots or containerlots, cultivated buckwheat, sampled by USDA approved grain trier, per truck or
containerlot . . . . . . . . . . . . $15.00.
$15.43, effective June 30, 2001; $15.80, effective July 1, 2001.
(e) Cracked corn, corn screenings, and mixed grain screenings sampling, inspection and weighing services are available at the fees cited in WAC 16-238-060.
(g) Bagged commodities, per hundredweight
(cwt) . . . . . . . . . . . . $0.065.
$0.066, effective June 30, 2001; $0.067, effective July 1, 2001.
(2) Fees for miscellaneous services:
(a) Unofficial constituent analysis via near-infrared transmittance (NIRT) technology available at the fees cited in WAC 16-238-060.
(b) Laboratory analysis of commodities covered in WAC 16-238-082, or for the analysis of constituents or conditions of grains or commodities not provided for in the official standards or specifically addressed in WAC 16-238-060 or 16-238-070 may be available as an unofficial service. If available, the services will be provided under the appropriate section(s) of WAC 16-238-030, and/or at the published rates of the laboratory or organization providing the service or analysis.
Services not specifically identified in WAC 16-238-082 may be provided under the appropriate subsection(s) of WAC 16-238-030, and/or at the published rates of the laboratory or organization providing the service or analysis. New or special analysis requests may require applicant provided supplies and/or equipment.
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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.
NEW SECTION
WAC 16-238-090
Covered commodities.
Commodities covered
under chapter 22.09 RCW in respect to sampling, inspection,
weighing, and quality or constituent determinations shall include
all grains with standards or inspection criteria established
under the United States Grain Standards Act, all commodities with
standards or inspection criteria established under the
Agricultural Marketing Act, all commodities with standards or
inspection criteria established under Washington state standards,
and the by-products resulting from conditioning or processing the
above grains and commodities.
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