Original Notice.

Preproposal statement of inquiry was filed as WSR 00-11-181.

Title of Rule: Fruit Commission rules.

Purpose: To clarify that an assessment is due to the Washington Fruit Commission when fruit is delivered to processors, which includes out-of-state growers whose soft tree fruit is shipped into Washington and packed as Washington soft tree fruit.

Statutory Authority for Adoption: RCW 15.28.160, [15.28.]250.

Statute Being Implemented: Chapter 15.28 RCW.

Summary: The Washington Fruit Commission has the authority to levy and collect assessments on fruit shipped fresh or delivered to processors. The proposed rule clarifies the collection of assessments on fruit delivered to processors, which includes out-of-state growers whose soft tree fruit is shipped into Washington and packed as Washington soft tree fruit.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ken Severn, 105 South 18th Street, #205, Yakima, WA 98901, (509) 453-4837.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule is a clarification that an assessment is due to the Washington Fruit Commission when fruit is delivered to processors, which includes out-of-state growers whose soft tree fruit is shipped into Washington and packed as Washington soft tree fruit.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule puts a current practice into a clear and readable format for affected parties to adhere to.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington Fruit Commission is not a named agency in section 201.

Hearing Location: W. L. Hansen Building, Conference Room, 105 South 18th Street, Yakima, WA 98901, on August 22, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Washington State Fruit Commission, phone (509) 453-4837.

Submit Written Comments to: Ken Severn, President, Washington State Fruit Commission, 105 South 18th Street, #205, Yakima, WA 98901, fax (509) 453-4880, by August 21, 2000.

Date of Intended Adoption: August 28, 2000.

July 11, 2000

Kenneth F. Severn

President

These regulations apply to growers, dealers, handlers, and processors of ((Washington-grown)) soft tree fruits, which include all varieties, subvarieties and "sport" varieties of cherries, apricots, peaches, prunes, plums and Bartlett pears.      (Assessments and reporting on tart cherries and plums are suspended at present.) As to such fruit grown in 1963 and subsequent years these regulations hereby repeal and supersede all previous regulations.

[Regulation 1, filed 5/23/63; Regulation 1, filed 6/1/61; Regulations (part), filed 2/23/60.]

(1) Each dealer, handler, processor, or grower shall keep a complete and accurate record of the ((Washington-grown)) soft tree fruits handled, shipped, processed or produced by him.      The dealer's or processor's record of fruit received shall include separate accounts for each grower or dealer who supplied fruit to him and shall show the supplier's name and mailing address, dates of purchase, kind of fruit and quantity of each delivery.      There shall also be shown the amounts of any soft tree fruit assessments that were withheld from the supplier's account.

     (2) There shall be kept a separate file on each fresh market shipment, with complete and accurate identification and description of the shipment.

     (3) There shall be kept a separate account for each dealer, handler, or processor to whom fruit was sold for further handling or processing, and this record shall contain complete and accurate details of the transactions.

     (4) The records described in subsections (1), (2), and (3), shall be maintained currently and kept as the principal place of business - subject to audit - for a period of not less than two years and shall be offered for examination at any reasonable time when official request is made by an authorized representative of the commission.

[Regulation 3-6, filed 5/23/63; Regulation 3-6, filed 6/1/61; Regulations (part), filed 2/23/60.]

(1) Each processor of Washington-grown soft tree fruits shall make an annual processor report to the commission on each soft tree fruit.      This report shall show each first handler separately and also in total for individual growers the number of pounds delivered of commercial graded fruit, pounds of cull fruit, and amount of assessment payable on the commercial graded fruit.      Processor reports shall also describe utilization of the fruit, showing poundage breakdowns of commercial graded fruit, and culls separately, for the quantities (a) canned, (b) brined, (c) frozen or otherwise processed, (d) resold to any other processor or dealer, and (e) dumped or destroyed.

     (2) More than one commodity may be reported on a single processor report, providing time limits for reporting are observed and that the data for each commodity is kept separate and distinct.      For each soft tree fruit which he did not process or handle during the current season, the processor shall report "none handled." Processor report forms will be supplied by the commission, laid out in a manner to provide convenient listing of the information desired.      Each processor report shall be signed by the owner, executive officer or manager of the firm that is reporting.      Washington soft tree fruit assessments shall be deducted by the processor from his growers' accounts, and this may include dealers who are primarily growers.

     (3) Transmittal of the processor report and the payable assessments on each commodity shall be made by the processor to the Washington state fruit commission as soon as possible and within 21 days after each season's final delivery of raw fruit at the processor's packing or storing facilities.

     (4) Each grower, broker, dealer, or handler of ((Washington-grown)) soft tree fruits who sells fruit to a broker, commercial processor or custom processor shall file, separately for each processor or broker to whom he sold, a processor report (or adequate letter of transmittal in lieu thereof) completed in the same manner and time described above as for processors and accompanied by payment of any assessments due the commission on such report.      In any case in which the processor or broker does not deduct the proper assessment from the grower's account, the grower shall remit the assessment to the commission at the time he forwards his own processor report.

[Regulation 9-10, filed 5/23/63; Regulation 9-10, filed 6/1/61; Regulations (part), filed 2/23/60.]

(1) The soft fruit act provides that the assessments shall be paid by growers and are due prior to shipment. This includes out of state growers whose soft tree fruit is shipped into Washington and packed as Washington soft tree fruit. Packed as Washington soft tree fruit means soft tree fruits packed or processed in the state.

     (2) The manner in which assessments shall be transmitted from the growers to commission, however, is established by these regulations, it being understood that when a handler or processor remits assessments to the commission he will have deducted the proper assessments back through the line of purchase and from the growers' accounts.

     (((2))) (3) Soft tree fruit assessments are imposed on the net pounds of commercial graded fruit shipped fresh or delivered to the processors.      Cull fruit, except cherries which are brined, is exempt from assessments and also exempted are all sales of five hundred pounds, or less, of commercial graded soft fruit sold by the grower direct to consumer: Provided, however, That any shipment in excess of five hundred pounds shall be subject to said assessments irrespective of the ultimate disposition.

     (((3))) (4) On December 31 of each year, every Washington state soft tree fruit dealer, handler or processor shall file with the commission a written statement that he has -- to the best of his knowledge -- paid in full to the commission all soft tree fruit assessments properly due from him for the past season on both fresh market fruit and processing fruit.      Or in the event that any assessments remain unpaid, such written statement shall describe the unpaid assessments, the reason for nonpayment, and make a definite commitment as to the date or dates when the assessment will be paid.

     (((4))) (5) These revised regulations, as provided in said act, have the force and effect of law, and any person who violates or aids in the violation of any of these regulations is in violation of Washington state law and is guilty of a misdemeanor.

     (((5))) (6) Ten percent per annum interest as a delinquent penalty is payable on assessments which are more than thirty days past due (to help cover extra costs of accounting and correspondence).

     (((6))) (7) The seal of the commission shall be circular in form and contain the following inscription: "WASHINGTON STATE FRUIT COMMISSION" around the outside of the seal and the word "SEAL" in the center thereof.

[Regulations 11-15, filed 5/23/63; Regulations 11-14, filed 6/1/61; Regulations (part), filed 2/23/60.]

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