16-21-105

WSR 16-21-105

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed October 19, 2016, 10:09 a.m.]

Original Notice.

Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).

Title of Rule and Other Identifying Information: Washington pulse crops commission, chapter 16-536 WAC. Specifically, WAC 16-536-040 Assessments and collections.

Hearing Location(s): Whitman County Library Center, 102 South Main Street, Colfax, WA 99111, on November 22, 2016, at 9:00 a.m.

Date of Intended Adoption: April 4, 2017.

Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, e-mail [e-mail], fax [phone], by 5:00 p.m., November 22, 2016.

Assistance for Persons with Disabilities: Contact Washington state department of agriculture (WSDA) receptionist, [phone], by November 15, 2016, TTY [phone] or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to increase the assessment rate on a time-limited basis from one to 1.5 percent of the net receipts at the first point of sale. This increase would be in effect for a period of three years starting July 1, 2017, and ending June 30, 2020, whereupon it will revert back to one percent of the net receipts at the first point of sale.

Reasons Supporting Proposal: This amendment will implement the petition received from the Washington pulse crops commission in accordance with RCW 15.65.050. The board is proposing to increase the assessment rate on a time-limited basis to raise additional funds to support and build on an opportunity created by the UN designation of 2016 as the International Year of Pulses (dry peas, lentils, chickpeas and beans) and join with United States, Canada, Australia, and many other nations to promote pulse crops in a worldwide marketing campaign. In addition, the commission is proposing to join with the United States industry to fund a long-term research legacy in an endowed chair at Washington State University. To participate in these opportunities, the commission is proposing to raise the assessment rate by one-half percent for three years and designate the additional funds to these efforts.

Statutory Authority for Adoption: RCW 15.65.047 and [15.65].050, chapter 34.05 RCW.

Statute Being Implemented: Chapter 15.65 RCW.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The proposed rules will not be adopted unless they are approved by referendum of affected producers pursuant to chapter 15.65 RCW.

Name of Proponent: Washington pulse crops commission, governmental.

Name of Agency Personnel Responsible for Drafting: Teresa Norman, 1111 Washington Street S.E., Olympia, WA 98504-2560, [phone]; Implementation and Enforcement: Tim McGreevy, 2780 West Pullman Road, Moscow, ID 83843, [phone].

No small business economic impact statement has been prepared under chapter 19.85 RCW. In accordance with RCW 15.65.570, the adoption of the final amendments to chapter 16-536 WAC will be determined by referendum vote of affected producers.

A cost-benefit analysis is not required under RCW 34.05.328. WSDA and the Washington pulse crops commission are not listed agencies under RCW 34.05.328 (5)(a)(i).

October 19, 2016

Kirk Robinson

Deputy Director

AMENDATORY SECTION (Amending WSR 16-15-004, filed 7/7/16, effective 8/7/16)

WAC 16-536-040 Assessments and collections.

(1) Assessments.

(a) Before July 1, 2017, and after June 30, 2020, the assessment on all varieties of pulse crops subject to this marketing order shall be one percent of the net receipts at the first point of sale and shall be deducted by the first purchaser from the price paid to the grower. Such assessment shall be remitted to the commission board in accordance with procedures adopted by the commission board: Provided, That an assessment on commercial wrinkled pea seed shall not become effective unless approved by a referendum vote of the affected wrinkled pea seed producers.

(b) From July 1, 2017, through June 30, 2020, the assessment on all varieties of pulse crops subject to this marketing order shall be one and one-half percent of the net receipts at the first point of sale and shall be deducted by the first purchaser from the price paid to the grower. On July 1, 2020, the assessment will revert to the terms in (a) of this subsection.

(c) Assessments shall not be payable on any such pulse crops used by the producer thereof on his or her premises for feed, seed and personal consumption.

(2) Collections. Any moneys collected or received by the board pursuant to the provisions of this order during or with respect to any season or year may be refunded on a pro rata basis at the close of such season or year or at the close of such longer period as the board determines to be reasonably adapted to effectuate the declared policies of this act and the purposes of this marketing order, to all persons from whom moneys were collected or received, or may be carried over into and used with respect to the next succeeding season, year or period whenever the board finds that the same will tend to effectuate the policies and purposes.

(3) Penalties. Any due and payable assessment herein levied in such specified amount as may be determined by the board pursuant to the provisions of the act and this order, shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the board when payment is called for by it. In the event any person fails to pay the board the full amount of such assessment or such other sum on or before the date due, the board may, and is hereby authorized to add to such unpaid assessment or sum an amount not exceeding ten percent of the unpaid assessment to defray the cost of enforcing the collecting of it. In the event of failure of such person or persons to pay any due and payable assessment or other such sum, the board may bring a civil action against the person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent, and the action shall be tried and judgment rendered as in any other cause of action for debt due and payable.