WSR 16-18-035 PERMANENT RULES DEPARTMENT OF AGRICULTURE [Filed August 30, 2016, 8:09 a.m., effective September 30, 2016] Effective Date of Rule: Thirty-one days after filing.
Purpose: WAC 16-390-010, the rule identifying two inspection districts, is being repealed consistent with the 2016 legislation (SB 6345; chapter 229, Laws of 2016) repealing the statutory authority in chapter 15.17 RCW that established two inspection districts. SB 6345 took effect on June 9, 2016, at which time WAC 16-390-010 also became ineffective.
WAC 16-390-025 and 16-390-030 established fee increases to take effect January 1, 2017. The department has determined that current revenue projections support extending the effective date of the fee increases under each rule from January 1, 2017, to January 1, 2019.
Citation of Existing Rules Affected by this Order: Repealing WAC 16-390-010; and amending WAC 16-390-025 and 16-390-030.
Other Authority: Chapter 34.05 RCW.
Adopted under notice filed as WSR 16-13-058 on June 13, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 1.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: August 30, 2016.
Derek I. Sandison
Director
Chapter 16-390 WAC
((WSDA)) FRUIT AND VEGETABLE ((INSPECTION DISTRICTS,)) INSPECTION FEES AND OTHER CHARGES AMENDATORY SECTION (Amending WSR 14-24-086, filed 12/1/14, effective 1/1/15)
WAC 16-390-025 Hourly inspection fee.
(1) Effective January 1, 2015, the hourly inspection fee is $65.00 per hour for regular hours and $97.50 for overtime and holiday hours for any inspection service that is not covered by CWT fees.
(2) Effective January 1, ((2017)) 2019, the hourly inspection fee is $75.00 per hour for regular hours and $112.50 per hour for overtime and holiday hours for any inspection service that is not covered by CWT fees.
(3) An additional fee amounting to three regular hours, plus the inspection fees for time worked, at the applicable hourly fee specified in this section will be charged when inspection service notification is not given prior to the end of normal business hours on the day preceding any weekend or holiday inspection work.
AMENDATORY SECTION (Amending WSR 14-24-086, filed 12/1/14, effective 1/1/15)
WAC 16-390-030 Fruit and vegetable CWT fees.
The following inspection and certification services are charged fees based on the stated CWT fee, provided that if the applied CWT fee would result in a charge less than the applicable hourly fee under WAC 16-390-025 for the staff hours worked, the applicable hourly fee will be assessed.
(1) Effective January 1, 2015, the fee for federal-state grade and condition certification for all fresh and processing fruits, vegetables, and nuts, except in-state processing potatoes, is $0.175 per CWT or fraction thereof.
(2) Effective January 1, ((2017)) 2019, the fee for federal-state grade and condition certification for all fresh and processing fruits, vegetables, and nuts, except in-state processing potatoes, is $0.185 per CWT or fraction thereof.
(3) In-state processing potatoes are charged the following fees:
(a) Effective January 1, 2015, the fee to determine the percentage of potatoes meeting U.S. No. 1 or U.S. No. 2 fresh potato grades as listed in the United States Grades for Potatoes (U.S. Potato Standards) is $0.038 per CWT or fraction thereof.
(b) Effective January 1, ((2017)) 2019, the fee to establish a percentage of potatoes meeting U.S. No. 1 or U.S. No. 2 fresh potato grades as listed in the United States Grades for Potatoes (U.S. Potato Standards) is $0.043 per CWT or fraction thereof.
(c) Effective January 1, 2015, the fee to establish a percentage of dirt, rot, and green is $0.021 per CWT or fraction thereof.
(d) Effective January 1, ((2017)) 2019, the fee to determine the percentage of dirt, rot, and green is $0.023 per CWT or fraction thereof.
(e) Contracts may be negotiated with the potato processing industry for inspection services to meet specific inspection requests, but not for less than the equivalent hourly fee specified in WAC 16-390-025 for the staff hours worked.
REPEALER
The following section of the Washington Administrative Code is repealed:
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