WSR 17-22-004 EMERGENCY RULES DEPARTMENT OF AGRICULTURE [Filed October 18, 2017, 3:09 p.m., effective October 18, 2017, 3:09 p.m.] Effective Date of Rule: Immediately upon filing. Purpose: This rule-making order amends WAC 16-390-240, the United States Department of Agriculture (USDA) audit verification and terminal market inspection fees, by modifying the fees the department charges for audit verification and terminal market inspection services performed under a cooperative agreement with USDA-Agricultural Marketing Service (USDA-AMS). Both the cooperative agreement and USDA-AMS regulations require that federal-state inspection agencies (which the department acts as for these services) charge no less than the current USDA-AMS fees for these services. After publication in the Federal Register, USDA-AMS recently revised their fees. Although, most of the fees increased, two of the fees actually decreased. As part of the federal rule-making process, stakeholders affected by this fee change were provided the opportunity to comment prior to USDA-AMS adopting the fee changes. Citation of Rules Affected by this Order: Amending WAC 16-390-240. Statutory Authority for Adoption: RCW 15.17.030, [15.17.]140, [15.17.]150, and [15.17.]270. Other Authority: Chapter 34.05 RCW. Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule. Reasons for this Finding: USDA adopted amendments to fees in 7 C.F.R. Part 51 effective October 1, 2017. The department, under a cooperative agreement with USDA-AMS is required to charge fees no less than fees mandated in 7 C.F.R. Part 51. Therefore, the department is required to adopt rule amendments to be consistent with the fees charged in 7 C.F.R. Part 51.
Immediate adoption is necessary for the preservation of the general welfare and observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to public interest. If the department does not immediately adopt the fees in the recently adopted USDA-AMS regulations, USDA-AMS will itself charge the fees to the customers directly. Dealing with the accounting and confusion of this procedure will increase the customer's costs beyond any increase otherwise imposed by any net increase in fees. Further, charging fees for audit verification and terminal market inspection services that are lower than the recently adopted USDA-AMS fees may jeopardize our designation as a federal-state inspection agency. If the department loses its designation, customers would have to obtain these services directly from USDA-AMS. This may affect the time it will take to respond to inspection requests. Terminal market inspections are time sensitive because the quality of fruits and vegetables decrease over time. Increased response time for inspection requests would create an undue hardship to customers. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, 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: October 18, 2017. Derek I. Sandison Director
AMENDATORY SECTION (Amending WSR 14-24-086, filed 12/1/14, effective 1/1/15)
WAC 16-390-240 USDA audit verification and terminal market inspection fees.
WSDA performs audit and inspection services requested by customers under a "cooperative agreement" with the United States Department of Agriculture's Agricultural Marketing Service (USDA/AMS). Under USDA/AMS rules, WSDA provides these services as a "federal-state inspection agency." Under USDA/AMS regulations and the cooperative agreement, the fees that WSDA charges for these services must be no less than the current USDA/AMS fees for these services. The applicable current USDA/AMS fees were published in the Federal Register at Vol. 82, No. 88, on May 9, 2017, under the "Fruit and Vegetable Fees" table and, for the overtime and holiday fees, in Patch #26, dated September 25, 2017, for incorporation in the USDA/AMS "General Market Manual" at Appendix II, "Schedule of User Fees." In conformity with the cooperative agreement, WSDA adopts the same applicable fees for these services as set forth in this section.
(1) The fee for USDA audit verification services ((are $92.00)) is $108.00 per hour ((as per the authority of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621))).
(2) Mileage related to audit verification services is charged at the rate established by the Washington state office of financial management at the time the service was performed.
(3) The fee for terminal market inspection services is (($74.00)) $85.00 per hour, (($151.00)) $191.00 per lot for a carlot equivalent of each product, and (($125.00)) $159.00 per lot for one-half carlot equivalent or less of each product. The fee for each additional lot of the same product is (($69.00)) $79.00. The overtime fee for terminal market inspection services is an additional (($38.00)) $27.00 per hour. The fee for terminal market inspection services on a holiday is an additional (($74.00)) $63.00 per hour. The mileage fee related to terminal market inspection services is $1.32 per mile. USDA fees for lots and mileage are regulated by 7 C.F.R. 51.38 and 51.40, respectively, and are current as of ((August 5, 2014)) October 1, 2017.
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